H. R. 2267—33
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 ten years, and expenses of alteration, repair,
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; obtain insurance on official motor vehicles; and rent tie
lines and teletype equipment; $283,066,000, to remain available
until expended: Provided, That of the $287,866,000 provided for
in direct obligations (of which $283,066,000 is appropriated from
the general fund, and $4,800,000 is derived from unobligated bal-
ances and deobligations from prior years), $58,986,000 shall be
for Trade Development, $17,340,000 shall be for Market Access
and Compliance, $28,770,000 shall be for the Import Administra-
tion, $171,070,000 shall be for the United States and Foreign
Commercial Service, and $11,700,000 shall be for Executive Direc-
tion 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 activi-
ties 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.
EXPORT ADMINISTRATION
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; rental of space abroad for periods not exceeding ten
years, and expenses of alteration, repair, or improvement; 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 Administra-
tion 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 estab-
lished by law; $43,900,000 to remain available until expended,
of which $1,900,000 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.
H. R. 2267—34
2455(f ) and 2458(c)) shall apply in carrying out these activities:
Provided further, That payments and contributions 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 Depart-
ment of Commerce and other export control programs of the United
States and other governments.
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, Public Law 91–304, and such laws that were in effect
immediately before September 30, 1982, and for trade adjustment
assistance, $340,000,000: Provided, That none of the funds appro-
priated or otherwise made available under this heading may be
used directly or indirectly for attorneys’ or consultants’ fees in
connection with securing grants and contracts made by the
Economic Development Administration: Provided further, That, not-
withstanding any other provision of law, the Secretary of Commerce
may provide financial assistance for projects to be located on mili-
tary installations closed or scheduled for closure or realignment
to grantees eligible for assistance under the Public Works and
Economic Development Act of 1965, as amended, without it being
required that the grantee have title or ability to obtain a lease
for the property, for the useful life of the project, when in the
opinion of the Secretary of Commerce, such financial assistance
is necessary for the economic development of the area: Provided
further, That the Secretary of Commerce may, as the Secretary
considers appropriate, consult with the Secretary of Defense regard-
ing the title to land on military installations closed or scheduled
for closure or realignment.
SALARIES AND EXPENSES
For necessary expenses of administering the economic develop-
ment assistance programs as provided for by law, $21,028,000:
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, $25,000,000.
H. R. 2267—35
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,
$47,499,000, to remain available until September 30, 1999.
ECONOMICS AND STATISTICS ADMINISTRATION REVOLVING FUND
The Secretary of Commerce is authorized to disseminate
economic and statistical data products as authorized by sections
1, 2, and 4 of Public Law 91–412 (15 U.S.C. 1525–1527) and,
notwithstanding section 5412 of the Omnibus Trade and Competi-
tiveness Act of 1988 (15 U.S.C. 4912), charge fees necessary to
recover the full costs incurred in their production. Notwithstanding
31 U.S.C. 3302, receipts received from these data dissemination
activities shall be credited to this account, to be available for
carrying out these purposes without further appropriation.
BUREAU OF THE CENSUS
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$137,278,000.
PERIODIC CENSUSES AND PROGRAMS
For expenses necessary to conduct the decennial census,
$389,887,000, to remain available until expended: Provided, That
of this amount, $4,000,000 shall be transferred to the Census
Monitoring Board for necessary expenses as authorized by section
210 of this Act.
In addition, for expenses to collect and publish statistics for
other periodic censuses and programs provided for by law,
$165,926,000, to remain available until expended.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the National
Telecommunications 
and 
Information 
Administration 
(NTIA),
$16,550,000, 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 NTIA 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
H. R. 2267—36
withholding 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 the NTIA, in
furtherance of its assigned functions under this paragraph, and
such funds received from other Government agencies shall remain
available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
CONSTRUCTION
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $21,000,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $1,500,000 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: Provided further,
That, notwithstanding any other provision of law, the Pan-Pacific
Education 
and 
Communication 
Experiments 
by 
Satellite
(PEACESAT) Program is eligible to compete for Public Tele-
communications Facilities, Planning and Construction funds.
INFORMATION INFRASTRUCTURE GRANTS
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $20,000,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
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 telecommuni-
cations research activities for projects related directly to the devel-
opment of a national information infrastructure: Provided further,
That, notwithstanding the requirements of section 392(a) and 392(c)
of the Act, these funds may be used for the planning and construc-
tion of telecommunications networks for the provision of edu-
cational, cultural, health care, public information, public safety,
or other social services.
PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
For necessary expenses of the Patent and Trademark Office
provided for by law, including defense of suits instituted against
the Commissioner of Patents and Trademarks, $691,000,000, to
remain available until expended: Provided, That of this amount,
$664,000,000 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 further, That the sum herein appro-
priated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 1998, so as to result
H. R. 2267—37
in a final fiscal year 1998 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year 1998,
should the total amount of offsetting fee collections be less than
$664,000,000, the total amounts available to the Patent and Trade-
mark Office shall be reduced accordingly: Provided further, That
any fees received in excess of $664,000,000 in fiscal year 1998
shall remain available until expended, but shall not be available
for obligation until October 1, 1998: Provided further, That the
remaining $27,000,000 shall be derived from deposits in the Patent
and Trademark Office Fee Surcharge Fund as authorized by law
and shall remain available until expended.
SCIENCE AND TECHNOLOGY
TECHNOLOGY ADMINISTRATION
UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY POLICY
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $8,500,000, of which not to exceed
$1,600,000 shall remain available until September 30, 1999.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of Standards
and Technology, $276,852,000, to remain available until expended,
of which not to exceed $3,800,000 shall be used to fund a cooperative
agreement with Texas Tech University for wind research; and of
which not to exceed $5,000,000 of the amount above $268,000,000
shall be used to fund a cooperative agreement with Montana State
University for a research program on green buildings; and of which
not to exceed $1,625,000 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,
$113,500,000, to remain available until expended, of which not
to exceed $300,000 may be transferred to the ‘‘Working Capital
Fund’’: Provided, That notwithstanding the time limitations
imposed by 15 U.S.C. 278k(c)(1) and (5) on the duration of Federal
financial assistance that may be awarded by the Secretary of
Commerce to Regional Centers for the transfer of Manufacturing
Technology (‘‘Centers’’), such Federal financial assistance for a Cen-
ter may continue beyond six years and may be renewed for addi-
tional periods, not to exceed one year, at a rate not to exceed
one-third of the Center’s total annual costs, subject before any
such renewal to a positive evaluation of the Center and to a finding
by the Secretary of Commerce that continuation of Federal funding
to the Center is in the best interest of the Regional Centers for
the transfer of Manufacturing Technology Program: Provided fur-
ther, That the Center’s most recent performance evaluation is posi-
tive, and the Center has submitted a reapplication which has
successfully passed merit review.
H. R. 2267—38
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
$192,500,000, to remain available until expended, of which not
to exceed $82,000,000 shall be available for the award of new
grants, and of which not to exceed $500,000 may be transferred
to the ‘‘Working Capital Fund’’.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including architec-
tural and engineering design, and for renovation of existing facili-
ties, not otherwise provided for the National Institute of Standards
and Technology, as authorized by 15 U.S.C. 278c–278e, $95,000,000,
to remain available until expended: Provided, That of the amounts
provided under this heading, $78,308,000 shall be available for
obligation and expenditure only after submission of a plan for
the expenditure of these funds, in accordance with section 605
of this Act.
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; not to exceed 283
commissioned officers on the active list as of September 30, 1998;
grants, contracts, or other payments to nonprofit organizations for
the purposes of conducting activities pursuant to cooperative agree-
ments; and relocation of facilities as authorized by 33 U.S.C. 883i;
$1,512,050,000, to remain available until expended: Provided, That,
notwithstanding 31 U.S.C. 3302 but consistent with other existing
law, fees shall be assessed, collected, and credited to this appropria-
tion as offsetting collections to be available until expended, to
recover the costs of administering aeronautical charting programs:
Provided further, That the sum herein appropriated from the gen-
eral fund shall be reduced as such additional fees are received
during fiscal year 1998, so as to result in a final general fund
appropriation estimated at not more than $1,509,050,000: Provided
further, That any such additional fees received in excess of
$3,000,000 in fiscal year 1998 shall not be available for obligation
until October 1, 1998: Provided further, 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, notwith-
standing 31 U.S.C. 3302: Provided further, That in addition,
$62,381,000 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: Provided
further, That unexpended balances in the accounts ‘‘Construction’’
and ‘‘Fleet Modernization, Shipbuilding and Conversion’’ shall be
transferred to and merged with this account, to remain available
until expended for the purposes for which the funds were originally
appropriated.
H. R. 2267—39
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, $491,609,000, to remain available
until expended: Provided, That not to exceed $116,910,000 is avail-
able for the advanced weather interactive processing system, and
may be available for obligation and expenditure only pursuant
to a certification by the Secretary of Commerce that the total
cost to complete the acquisition and deployment of the advanced
weather interactive processing system and NOAA Port system,
including program management, operations and maintenance costs
through deployment will not exceed $188,700,000: Provided further,
That unexpended balances of amounts previously made available
in the ‘‘Operations, Research, and Facilities’’ account and the
‘‘Construction’’ 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.
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
$7,800,000, for purposes set forth in sections 308(b)(2)(A),
308(b)(2)(B)(v), and 315(e) of such Act.
FISHERMEN’S CONTINGENCY FUND
For carrying out the provisions of title IV of Public Law 95–
372, not to exceed $953,000, 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 Atlan-
tic Tunas Convention Act of 1975, as amended (Public Law 96–
339), the Magnuson-Stevens Fishery Conservation and Management
Act of 1976, as amended (Public Law 100–627), and the American
Fisheries Promotion Act (Public Law 96–561), to be derived from
the fees imposed under the foreign fishery observer program author-
ized by these Acts, not to exceed $189,000, to remain available
until expended.
FISHERIES FINANCE PROGRAM ACCOUNT
For the cost of direct loans, $338,000, 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 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. 2267—40
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the general administration of the
Department of Commerce provided for by law, including not to
exceed $3,000 for official entertainment, $27,490,000.
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, $20,140,000.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(RESCISSION)
Of the unobligated balances available under this heading,
$20,500,000 are rescinded.
UNITED STATES TRAVEL AND TOURISM ADMINISTRATION
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading,
$3,000,000 are rescinded.
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 therefor, as authorized
by law (5 U.S.C. 5901–5902).
SEC. 203. None of the funds made available by this Act may
be used to support the hurricane reconnaissance aircraft and activi-
ties that are under the control of the United States Air Force
or the United States Air Force Reserve.
SEC. 204. None of the funds provided in this or any previous
Act, or hereinafter made available to 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
paid before October 1, 1992, as authorized by section 8501 of title
5, United States Code, for services performed after April 20, 1990,
by individuals appointed to temporary positions within the Bureau
H. R. 2267—41
of the Census for purposes relating to the 1990 decennial census
of population.
SEC. 205. 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.
SEC. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, or any portion thereof,
the Secretary of Commerce, no later than 90 days thereafter, shall
submit to the Committees on Appropriations of the House and
the Senate a plan for transferring funds provided in this Act to
the appropriate successor organizations: Provided, That the plan
shall include a proposal for transferring or rescinding funds appro-
priated herein for agencies or programs terminated under such
legislation: Provided further, That such plan shall be transmitted
in accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate head of
any successor organization(s) may use any available funds to carry
out legislation dismantling or reorganizing the Department of Com-
merce, or any portion thereof, to cover the costs of actions relating
to the abolishment, reorganization, or transfer of functions and
any related personnel action, including voluntary separation incen-
tives if authorized by such legislation: Provided, That the authority
to transfer funds between appropriations accounts that may be
necessary to carry out this section is provided in addition to authori-
ties included under section 205 of this Act: Provided further, That
use of funds to carry out this section shall be treated as a re-
programming 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.
SEC. 207. 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. 208. The Secretary of Commerce may award contracts
for hydrographic, geodetic, and photogrammetric surveying and
mapping services in accordance with title IX of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
SEC. 209. (a) Congress finds that—
(1) it is the constitutional duty of the Congress to ensure
that the decennial enumeration of the population is conducted
in a manner consistent with the Constitution and laws of
the United States;