H. R. 2673—70
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, $47,289,000: Provided,
That not to exceed 12 full-time equivalents and $1,621,000 shall
be expended for the legislative affairs function of the Department.
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.), $21,116,000.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
(INCLUDING RESCISSION)
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. Hereafter, none of the funds made available by this
or any other Act for the National Oceanic and Atmospheric Adminis-
tration may be used to support the hurricane reconnaissance air-
craft 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 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. 205. Any costs incurred by a department or agency funded
under this title resulting from personnel actions taken in response
H. R. 2673—71
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 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
pertaining 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 software
and systems (either acquired or donated), and an amount necessary
to maintain a reasonable operating reserve, as determined 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 2004 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 management, automated
data processing, and other support systems: Provided further, That
such amounts retained in the fund for fiscal year 2004 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.
SEC. 207. 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, $5,000,000
is appropriated to the Thayer School of Engineering, of which
$1,000,000 is for research relating to intelligent control of distrib-
uted systems, $2,000,000 is for a smart laser beam project, and
$2,000,000 is for research relating to nanomagnetics, $500,000 is
appropriated to the Institute for Information Infrastructure Protec-
tion at the Institute for Security and Technology Studies, $1,000,000
is appropriated for the Institute of Politics, and $500,000 is appro-
priated for the Coastal Conservation Center.
SEC. 208. Of the amount available from the fund entitled ‘‘Pro-
mote and Develop Fishery Products and Research Pertaining to
H. R. 2673—72
American Fisheries’’, $10,000,000 shall be provided to the Alaska
Fisheries Marketing Board, $2,000,000 shall be available to the
Gulf and South Atlantic Fisheries Foundation, $2,000,000 shall
be available to the South Carolina Seafood Alliance, $1,500,000
shall be available to the Oregon Trawl Commission, and $1,500,000
shall be available to the Oregon State University Seafood Labora-
tory: 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 Sec-
retary 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 with-
out 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. 209. (a) Notwithstanding the provisions of the Public
Works and Economic Development Act as amended (42 U.S.C. 3121,
et seq.) or any other provision of law, the Economic Development
Administration shall approve the sale, transfer, or conveyance, with-
out compensation to the agency, of any land on the former
Charleston Naval Base, located north of Viaduct Road which was
improved by EDA project numbers 04–49–04196, 04–49–04280, 04–
49–04462, and 04–49–04461 and funds obligated but not yet dis-
bursed in connection with EDA project number 04–49–04347 shall
remain available until expended and, as of September 30, 2003,
shall be exempt from the application of section 1552 of title 31,
United States Code.
(b) Notwithstanding any other provision of law, the Secretary
of Commerce shall approve, without compensation to the Agency,
a lease to be entered into by the City of Florence, Alabama, and
Alabama Real Estate Holdings, Inc., containing such terms and
conditions as the city of Florence determines appropriate, for use
of the parcel of land (including improvements thereon) located in
Florence, Alabama, that was improved using assistance from the
Economic Development Administration under EDA project number
04–01–03963.
SEC. 210. (a) The Secretary of Commerce is authorized to
operate a marine laboratory in South Carolina in accordance with
a memorandum of agreement, including any future amendments,
among the National Oceanic and Atmospheric Administration, 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, interdisciplinary
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
H. R. 2673—73
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
arrangements with Federal, State, private entities, and other enti-
ties, domestic and foreign, to further the mission of the Laboratory.
Any funds collected from such fees or arrangements shall be used
to support cooperative research, basic operations, and facilities
enhancement at the Laboratory.
SEC. 211. EXTENSION OF GUARANTEE AUTHORITY. (a) IN GEN-
ERAL.—Section 101(k) of the Emergency Steel Loan Guarantee Act
of 1999 (Public Law 106–51; 15 U.S.C. 1841 note) is amended
by striking ‘‘2003’’ and inserting ‘‘2005’’.
(b) SALARIES AND EXPENSES.—In addition to funds made avail-
able under section 101(j) of Emergency Steel Loan Guarantee Act
of 1999 (15 U.S.C. 1841 note), up to $2,000,000 in funds made
available under section 101(f) of such Act may be used for salaries
and administrative expenses to administer the Emergency Steel
Loan Guarantee Program.
SEC. 212. In addition to amounts made available under the
heading ‘‘Procurement, Acquisition and Construction, National Oce-
anic and Atmospheric Administration’’ $1,500,000 shall be available
for the Western Carolina University, $1,000,000 shall be available
for the South Florida Museum, $140,000 shall be available for
the French and Indian War Foundation, $1,000,000 shall be avail-
able for the City of Chattanooga, Tennessee, $1,000,000 shall be
available for the University of Mississippi, $1,000,000 shall be
available for the City of Charlotte, North Carolina, and $489,000
shall be available for a public safety marine docking facility for
Hampton, New Hampshire.
SEC. 213. In addition to amounts appropriated or otherwise
made available by this Act or any other Act, $500,000 shall be
provided until expended for the Federal Credit Reform Act cost
of a reduction loan under sections 1111 and 1112 of title XI of
the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g),
not to exceed $50,000,000 in principal, that—
(1) notwithstanding 46 U.S.C. App. 1279f(b), shall have
a term of not less than 30 years;
(2) carries out a New England lobster fishing capacity
reduction program which may include fewer than all manage-
ment areas of the fishery;
(3) permanently revokes all fishery licenses, fishery per-
mits, 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; and
(4) ensures that all vessels removed from the fishery under
the program are made permanently ineligible to participate
in any fishery worldwide, and that the owners of such vessels
will operate only under the United States flag or such vessels
shall be scrapped as a reduction vessel pursuant to section
600.1011(c) of title 50, Code of Federal Regulations.
SEC. 214. In addition to amounts appropriated or otherwise
made available by this Act or any other Act, $500,000 shall be
provided until expended for the Federal Credit Reform Act cost
of a reduction loan under sections 1111 and 1112 of title XI of
the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g),
not to exceed $50,000,000 in principal, that—