H. R. 3288—85 
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
OPERATIONS, RESEARCH, AND FACILITIES 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including 
maintenance, operation, and hire of aircraft and vessels; grants, 
contracts, or other payments to nonprofit organizations for the 
purposes of conducting activities pursuant to cooperative agree-
ments; and relocation of facilities, $3,305,178,000, to remain avail-
able until September 30, 2011, except for funds provided for coopera-
tive enforcement, which shall remain available until September 
30, 2012: Provided, That fees and donations received by the National 
Ocean Service for the management of 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, $3,000,000 shall be derived by transfer 
from the fund entitled ‘‘Coastal Zone Management’’ and in addition 
$104,600,000 shall be derived by transfer from the fund entitled 
‘‘Promote and Develop Fishery Products and Research Pertaining 
to American Fisheries’’: Provided further, That of the $3,412,778,000 
provided for in direct obligations under this heading $3,305,178,000 
is appropriated from the general fund, and $107,600,000 is provided 
by transfer: Provided further, That the total amount available for 
the National Oceanic and Atmospheric Administration corporate 
services administrative support costs shall not exceed $235,549,000: 
Provided further, That payments of funds made available under 
this heading to the Department of Commerce Working Capital 
Fund including Department of Commerce General Counsel legal 
services shall not exceed $41,944,000: Provided further, That within 
the amounts appropriated, $99,295,000 shall be used for the 
projects, and in the amounts, specified in the explanatory statement 
accompanying this Act: Provided further, That any deviation from 
the amounts designated for specific activities in the explanatory 
statement accompanying this Act, or any use of deobligated balances 
of funds provided under this heading in previous years, shall be 
subject to the procedures set forth in section 505 of this Act: 
Provided further, That in allocating grants under sections 306 and 
306A of the Coastal Zone Management Act of 1972, as amended, 
no coastal State shall receive more than 5 percent or less than 
1 percent of increased funds appropriated over the previous fiscal 
year. 
In addition, for necessary retired pay expenses under the 
Retired Serviceman’s Family Protection and Survivor Benefits Plan, 
and for payments for the medical care of retired personnel and 
their dependents under the Dependents Medical Care Act (10 U.S.C. 
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, $1,358,353,000, to remain avail-
able until September 30, 2012, except funds provided for construc-
tion of facilities which shall remain available until expended: Pro-
vided, That of the $1,360,353,000 provided for in direct obligations
H. R. 3288—86 
under this heading, $1,358,353,000 is appropriated from the general 
fund and $2,000,000 is provided from recoveries of prior year obliga-
tions: Provided further, That except to the extent expressly prohib-
ited by any other law, the Department of Defense may delegate 
procurement functions related to the National Polar-orbiting Oper-
ational Environmental Satellite System to officials of the Depart-
ment of Commerce pursuant to section 2311 of title 10, United 
States Code: Provided further, That any deviation from the amounts 
designated for specific activities in the explanatory statement 
accompanying this Act, or any use of deobligated balances of funds 
provided under this heading in previous years, shall be subject 
to the procedures set forth in section 505 of this Act: Provided 
further, That the Secretary of Commerce shall include in 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, United 
States Code) an estimate for each National Oceanic and 
Atmospheric Administration Procurement, Acquisition or Construc-
tion project having a total of more than $5,000,000 and simulta-
neously the budget justification shall include an estimate of the 
budgetary requirements for each such project for each of the five 
subsequent fiscal years: Provided further, That the Secretary of 
Commerce is authorized to enter into a lease, at no cost to the 
United States Government, with the Regents of the University 
of Alabama for a term of not less than 55 years, with two successive 
options each of 5 years, for land situated on the campus of Univer-
sity of Alabama in Tuscaloosa to house the Cooperative Institute 
and Research Center for Southeast Weather and Hydrology: Pro-
vided further, That within the amounts appropriated, $18,000,000 
shall be used for the projects, and in the amounts, specified in 
the explanatory statement accompanying this Act. 
PACIFIC COASTAL SALMON RECOVERY 
For necessary expenses associated with the restoration of 
Pacific salmon populations, $80,000,000, to remain available until 
September 30, 2011: Provided, That of the funds provided herein 
the Secretary of Commerce may issue grants to the States of Wash-
ington, Oregon, Idaho, Nevada, California, and Alaska, and Feder-
ally-recognized tribes of the Columbia River and Pacific Coast for 
projects necessary for conservation of salmon and steelhead popu-
lations that are listed as threatened or endangered, or identified 
by a State as at-risk to be so-listed, for maintaining populations 
necessary for exercise of tribal treaty fishing rights or native 
subsistence fishing, or for conservation of Pacific coastal salmon 
and steelhead habitat, based on guidelines to be developed by 
the Secretary of Commerce: Provided further, That funds disbursed 
to States shall be subject to a matching requirement of funds 
or documented in-kind contributions of at least 33 percent of the 
Federal funds. 
COASTAL ZONE MANAGEMENT FUND 
(INCLUDING TRANSFER OF FUNDS) 
Of amounts collected pursuant to section 308 of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
H. R. 3288—87 
$3,000,000 shall be transferred to the ‘‘Operations, Research, and 
Facilities’’ account to offset the costs of implementing such Act. 
FISHERIES FINANCE PROGRAM ACCOUNT 
Subject to section 502 of the Congressional Budget Act of 1974, 
during fiscal year 2010, obligations of direct loans may not exceed 
$16,000,000 for Individual Fishing Quota loans and not to exceed 
$59,000,000 for traditional direct loans as authorized by the Mer-
chant Marine Act of 1936: Provided, 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 reception and representation, 
$58,000,000: Provided, That the Secretary, within 60 days of enact-
ment of this Act, shall provide a report to the Committees on 
Appropriations of the House and Senate that audits and evaluates 
all decision documents and expenditures by the Bureau of the 
Census as they relate to the 2010 Census: Provided further, That 
of the amounts provided to the Secretary within this account, 
$5,000,000 shall not become available for obligation until the Sec-
retary certifies to the Committees on Appropriations of the House 
and Senate that the Bureau of the Census has followed and met 
all standards and best practices, and all Office of Management 
and Budget guidelines related to information technology projects 
and contract management. 
HERBERT C. HOOVER BUILDING RENOVATION AND MODERNIZATION 
For expenses necessary, including blast windows, for the ren-
ovation and modernization of the Herbert C. Hoover Building, 
$22,500,000, to remain available until expended. 
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.), $27,000,000. 
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE 
SEC. 101. 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. 102. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries
H. R. 3288—88 
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 therefor, as authorized 
by law (5 U.S.C. 5901–5902). 
SEC. 103. 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 505 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 Act or any other law appropriating funds for the Depart-
ment of Commerce: Provided further, That for the National Oceanic 
and Atmospheric Administration this section shall provide for trans-
fers among appropriations made only to the National Oceanic and 
Atmospheric Administration and such appropriations may not be 
transferred and reprogrammed to other Department of Commerce 
bureaus and appropriation accounts. 
SEC. 104. 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 505 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. 105. The requirements set forth by section 112 of division 
B of Public Law 110–161 are hereby adopted by reference. 
SEC. 106. Notwithstanding any other law, the Secretary may 
furnish services (including but not limited to utilities, telecommuni-
cations, and security services) necessary to support the operation, 
maintenance, and improvement of space that persons, firms or 
organizations are authorized pursuant to the Public Buildings 
Cooperative Use Act of 1976 or other authority to use or occupy 
in the Herbert C. Hoover Building, Washington, DC, or other 
buildings, the maintenance, operation, and protection of which has 
been delegated to the Secretary from the Administrator of General 
Services pursuant to the Federal Property and Administrative Serv-
ices Act of 1949, as amended, on a reimbursable or non-reimburs-
able basis. Amounts received as reimbursement for services pro-
vided under this section or the authority under which the use 
or occupancy of the space is authorized, up to $200,000, shall 
be credited to the appropriation or fund which initially bears the 
costs of such services. 
SEC. 107. With the consent of the President, the Secretary 
of Commerce shall represent the United States Government in 
negotiating and monitoring international agreements regarding