H. R. 4818—76
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. 208. Funds made available for salaries and administrative
expenses to administer the Emergency Steel Loan Guarantee Pro-
gram in section 211(b) of Public Law 108–199 shall remain available
until expended.
SEC. 209. A fishing capacity reduction program for the South-
east Alaska purse seine fishery is authorized to be financed through
a capacity reduction loan of $50,000,000 pursuant to sections 1111
and 1112 of title XI of the Merchant Marine Act of 1936 (46
U.S.C. App. 1279f and 1279g) subject to the conditions of this
section. In accordance with the Federal Credit Reform Act of 1990,
2 U.S.C. 661 et seq., $500,000 is made available from funds appro-
priated for ‘‘Pacific Coastal Salmon Recovery’’ in this Act for the
cost of the loan authorized by this section. The loan shall have
a term of 30 years, except that the amount to be repaid in any
1 year shall not exceed 2 percent of the total value of salmon
landed in the fishery and such repayment shall begin with salmon
landed after January 1, 2006.
SEC. 210. Section 653(a) of Public Law 106–58 is amended
by inserting the following: ‘‘(7) The Coordinator for International
Intellectual Property Enforcement.’’ after ‘‘Under Secretary of Com-
merce for International Trade.’’.
SEC. 211. 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’’, $20,000,000 is for a cooperative agreement with the
Medical University of South Carolina; $10,000,000 is for the Cancer
Research Center in Hawaii; $4,000,000 is for the Thayer School
of Engineering, of which $1,000,000 is for a biomass energy research
project, $2,000,000 is for a smart laser beam project, and $1,000,000
is for research relating to biomaterials; $1,000,000 is for civic edu-
cation programs at the New Hampshire Institute of Politics;
$1,500,000 is for the Franklin Pierce Community Center; $2,000,000
is for the Southern New Hampshire University School of Commu-
nity Economic Development; and $5,000,000 is for the Boston
Museum of Science.
SEC. 212. Section 3(f) of Public Law 104–91 is amended by
striking ‘‘and 2005’’ and inserting ‘‘2005, 2006, and 2007’’.
SEC. 213. Hereafter, notwithstanding any other Federal law
related to the conservation and management of marine mammals,
the State of Hawaii may enforce any State law or regulation with
respect to the operation in State waters of recreational and commer-
cial vessels, for the purpose of conservation and management of
humpback whales, to the extent that such law or regulation is
no less restrictive than Federal law.
SEC. 214. ESTABLISHMENT OF THE ERNEST F. HOLLINGS SCHOL-
ARSHIP PROGRAM. (a) ESTABLISHMENT.—The Administrator of the
National Oceanic and Atmospheric Administration shall establish
and administer the Ernest F. Hollings Scholarship Program. Under
the program, the Administrator shall award scholarships in oceanic
and atmospheric science, research, technology, and education to
be known as Ernest F. Hollings Scholarships.
H. R. 4818—77
(b) PURPOSES.—The purposes of the Ernest F. Hollings Scholar-
ships Program are—
(1) to increase undergraduate training in oceanic and
atmospheric science, research, technology, and education and
foster multidisciplinary training opportunities;
(2) to increase public understanding and support for
stewardship of the ocean and atmosphere and improve environ-
mental literacy;
(3) to recruit and prepare students for public service careers
with the National Oceanic and Atmospheric Administration
and other natural resource and science agencies at the Federal,
State and Local levels of government; and
(4) to recruit and prepare students for careers as teachers
and educators in oceanic and atmospheric science and to
improve scientific and environmental education in the United
States.
(c) AWARD.—Each Ernest F. Hollings Scholarship—
(1) shall be used to support undergraduate studies in oce-
anic and atmospheric science, research, technology, and edu-
cation that support the purposes of the programs and missions
of the National Oceanic and Atmospheric Administration;
(2) shall recognize outstanding scholarship and ability;
(3) shall promote participation by groups underrepresented
in oceanic and atmospheric science and technology; and
(4) shall be awarded competitively in accordance with
guidelines issued by the Administrator and published in the
Federal Register.
(d) ELIGIBILITY.—In order to be eligible to participate in the
program, an individual must—
(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965) in an
academic field or discipline described in subsection (c);
(2) be a United States citizen;
(3) not have received a scholarship under this section for
more than 4 academic years, unless the Administrator grants
a waiver; and
(4) submit an application at such time, in such manner,
and containing such information, agreements, or assurances
as the Administrator may require.
(e) DISTRIBUTION OF FUNDS.—The amount of each Ernest F.
Hollings Scholarship shall be provided directly to a recipient
selected by the Administrator upon receipt of certification that
the recipient will adhere to a specific and detailed plan of study
and research approved by an institution of higher education.
(f) FUNDING.—Of the total amount appropriated for fiscal year
2005 and annually hereafter to the National Oceanic and
Atmospheric Administration, the Administrator shall make avail-
able for the Ernest F. Hollings Scholarship program one-tenth of
1 percent of such appropriations.
(g) SCHOLARSHIP REPAYMENT REQUIREMENT.—The Adminis-
trator shall require an individual receiving a scholarship under
this section to repay the full amount of the scholarship to the
National Oceanic and Atmospheric Administration if the Adminis-
trator determines that the individual, in obtaining or using the
scholarship, engaged in fraudulent conduct or failed to comply with
any term or condition of the scholarship. Such repayments shall
H. R. 4818—78
be deposited in the NOAA Operations, Research, and Facilities
Appropriations Account and treated as an offsetting collection and
only be available for financing additional scholarships.
SEC. 215. Section 402(f) of Public Law 107–372 is amended—
(1) in paragraph (1), by striking ‘‘All right’’ and inserting
‘‘For the period ending April 3, 2008, all right’’; and
(2) in paragraph (3), by inserting ‘‘for the period ending
April 3, 2008’’ after ‘‘and annually thereafter’’.
SEC. 216. Of the amounts made available under this heading
for the National Oceanic and Atmospheric Administration, the Sec-
retary of Commerce shall pay by March 1, 2005, $5,000,000 to
the National Marine Sanctuaries Foundation to capitalize a fund
for ocean activities.
SEC. 217. Any funding provided under this title used to imple-
ment the Department of Commerce’s E-Government Initiatives shall
be subject to the procedures set forth in section 605 of this Act.
SEC. 218. A fishing capacity reduction program for the Federal
Gulf of Mexico Reef Fish Fishery Management Plan principally
intended for commercial long line vessels is authorized to be
financed through a capacity reduction loan of $35,000,000 pursuant
to sections 1111 and 1112 of title XI of the Merchant Marine
Act of 1936 (46 U.S.C. App. 1279f and 1279g) subject to the condi-
tions of this section. In accordance with the Federal Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.), $350,000 is hereby appropriated
for the subsidy cost of the loan authorized under this section and
shall remain available until expended. The Secretary of Commerce,
working in close coordination with active fishery participants, is
hereby authorized to design and implement a comprehensive vol-
untary capacity reduction program using the loan authorized under
this section. The Secretary shall set the loan term at 35 years
and repayment shall begin within 1 year of final implementation
of the program. In addition to the authority of the Gulf of Mexico
Regional Fishery Management Council to develop and recommend
conservation and management measures for the Gulf of Mexico
reef fish fishery, the Secretary of Commerce is authorized to develop
and implement a limited access program pursuant to the standards
set forth in section 303(b)(6) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1853(b)(6)).
SEC. 219. (a) DEFINITIONS.—In this section:
(1) AFA TRAWL CATCHER PROCESSOR SUBSECTOR.—The term
‘‘AFA trawl catcher processor subsector’’ means the owners
of each catcher/processor listed in paragraphs (1) through (20)
of section 208(e) of the American Fisheries Act (16 U.S.C.
1851 note).
(2) BSAI.—The term ‘‘BSAI’’ has the meaning given the
term ‘‘Bering Sea and Aleutian Islands Management Area’’
in section 679.2 of title 50, Code of Federal Regulations (or
successor regulation).
(3) CATCHER PROCESSOR SUBSECTOR.—The term ‘‘catcher
processor subsector’’ means, as appropriate, one of the following:
(A) The longline catcher processor subsector.
(B) The AFA trawl catcher processor subsector.
(C) The non-AFA trawl catcher processor subsector.
(D) The pot catcher processor subsector.
(4) COUNCIL.—The term ‘‘Council’’ means the North Pacific
Fishery Management Council established in section 302(a)(1)(G)