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"Taken from P.L. 107-77
FY 2002 CJS Appropriations bill…"

MAKING APPROPRIATIONS FOR THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002, AND FOR OTHER PURPOSES

GENERAL PROVISIONS--DEPARTMENT OF COMMERCE

The conference agreement includes the following general provisions for the Department of Commerce:

Sec. 201- The conference agreement includes section 201, included in both the House and Senate bills, regarding certifications of advanced payments.

Sec. 202- The conference agreement includes section 202, identical in the House and Senate bills, allowing funds to be used for hire of passenger motor vehicles.

Sec. 203- The conference agreement includes section 203, identical in the House and Senate bills, prohibiting reimbursement to the Air Force for hurricane reconnaissance planes.

Sec. 204- The conference agreement includes section 204, identical in the House and Senate bills, providing authority to transfer funds between accounts. The language provides that no account may be decreased by more than 5 percent or increased by more than 10 percent. The language also makes the transfers subject to the Committee's standard reprogramming procedures.

Sec. 205- The conference agreement includes section 205, identical in the House and Senate bills, providing that any costs incurred by the Department in response to funding reductions to the Department shall not be subject to the reprogramming limitations of this Act.

Sec. 206- The conference agreement includes section 206, identical in the House and Senate bills, allowing the Secretary to award contracts for certain mapping and charting activities in accordance with the Federal Property and Administrative Services Act.

Sec. 207- The conference agreement includes section 207, as proposed in both the House and Senate bills, allowing the Department of Commerce Franchise Fund to retain a portion of its earnings from services provided.

Sec. 208- The conference agreement includes section 208, modified from a provision in the Senate bill, providing $41,500,000 within the `National Institute of Standards and Technology, Construction of Research Facilities' account for construction of specific projects.

Sec. 209- The conference agreement includes section 209, modified from a provision in the Senate bill, to clarify requirements for the Department of Commerce Working Capital Fund and the Advances and Reimbursement Account.

Sec. 210- The conference agreement includes section 210, identical to a provision in the Senate bill, to allow the City of Anchorage, Alaska to export, on a one-time basis, two whale jaw bones acquired in a legal subsistence hunt by Native Alaskans, to its sister city of Whitby of the United Kingdom.

Sec. 211- The conference agreement includes a new section 211 that amends section 213 of Public Law 105-277, the American Fisheries Act. This change would delete a sunset provision and instead authorize an annual appropriation, making permanent the prohibition on direct pollock fishing by non-American Fisheries Act (AFA) catcher/processors, even though this sector has some pre-AFA pollock history. The conferees understand that North Pacific groundfish fishermen and processors have agreed to work together on a proposal for consideration by the North Pacific Fishery Management Council for non-AFA catcher/processsors to maximize utilization of their historic pollock catch. The conferees request that the appropriate Committees be notified immediately should the Secretary determine that the AFA statute precludes the Council from developing a regulation implementing the aforementioned agreement. The substitution of a September 30, 2004 reauthorization date for the original December 31, 2004 sunset date is intended to ensure a full Congressional review of the AFA within six years of its passage, as originally planned. This will also allow consideration of AFA issues during the reauthorization of the Magnuson- Stevens Fishery Conservation and Management Act. Further, the conferees expect that any further authorization changes to the AFA will be addressed through the authorization committee process.