S.2354

TITLE I

DEPARTMENT OF COMMERCE

International Trade Administration

operations and administration

For necessary expenses for international trade activities of the Department of Commerce provided for by law, to carry out activities associated with facilitating, attracting, and retaining business investment in the United States, to carry out activities associated with title VI of division BB of the Consolidated Appropriations Act, 2023 ( Public Law 117–328), and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to sections 3702 and 3703 of title 44, United States Code; 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 International Trade Administration between two points abroad, without regard to section 40118 of title 49, United States Code; employment of citizens of the United States and aliens by contract for services; recognizing contributions to export expansion pursuant to Executive Order 10978; rental of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $294,300 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to exceed $65,000 per vehicle; not to exceed $350,000 for purchase of armored vehicles without regard to the general purchase price limitations; obtaining insurance on official motor vehicles; and rental of tie lines, $605,000,000, of which $102,000,000 shall remain available until September 30, 2027: Provided, That $12,000,000 is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding section 3302 of title 31, United States Code: Provided further, That, of amounts provided under this heading, not less than $16,400,000 shall be for China antidumping and countervailing duty enforcement and compliance activities: 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 activities; and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include payment for assessments for services provided as part of these activities.

Bureau Of Industry And Security

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 citizens of the United States and aliens by contract for services abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $13,500 for official representation expenses abroad; awards of compensation to informers under the Export Control Reform Act of 2018 (subtitle B of title XVII of the John S. McCain National Defense Authorization Act for Fiscal Year 2019; Public Law 115–232; 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and 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 established by law, $211,000,000, of which $76,000,000 shall remain available until expended: 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. 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 Department of Commerce and other export control programs of the United States and other governments.

Economic Development Administration

economic development assistance programs

For economic development assistance as provided by the Public Works and Economic Development Act of 1965, including provision of assistance under section 207(b) of such Act, for trade adjustment assistance, and for programs authorized by the Stevenson-Wydler Technology Innovation Act of 1980, as amended, $360,000,000 to remain available until expended, which shall be for the purposes and in the amounts specified in the table titled “Economic Development Assistance Programs” in the report accompanying this Act: Provided, That amounts made available under this heading may be used to implement prize competitions as authorized by section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).

salaries and expenses

For necessary expenses of administering the economic development assistance programs as provided for by law, $66,000,000: Provided, That funds provided under this heading may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976; title II of the Trade Act of 1974; sections 27 through 30 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3722–3723), as amended; and the Community Emergency Drought Relief Act of 1977.

Minority Business Development Agency

minority business development

For necessary expenses of the Minority Business Development Agency in fostering, promoting, and developing minority business enterprises, as authorized by law, $55,000,000.

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, $122,000,000, to remain available until September 30, 2027.

Bureau Of The Census

current surveys and programs

For necessary expenses for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $328,500,000: Provided, That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities.

periodic censuses and programs

For necessary expenses for collecting, compiling, analyzing, preparing, and publishing statistics for periodic censuses and programs provided for by law, $1,191,849,000, to remain available until September 30, 2027: Provided, That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities.

National Telecommunications And Information Administration

salaries and expenses

For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $55,000,000, to remain available until September 30, 2027: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, 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 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 NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until expended.

facilities management and construction

For necessary expenses for the design, construction, alteration, improvement, maintenance, and repair of buildings and facilities managed by the National Telecommunications and Information Administration, not otherwise provided for, $2,000,000, to remain available until expended.

United States Patent And Trademark Office

salaries and expenses

(including transfers of funds)

For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, $4,996,100,000, to remain available until expended: Provided, That the sum herein appropriated from the general fund shall be reduced as offsetting collections of fees and surcharges assessed and collected by the USPTO under any law are received during fiscal year 2026, so as to result in a fiscal year 2026 appropriation from the general fund estimated at $0: Provided further, That during fiscal year 2026, should the total amount of such offsetting collections be less than $4,996,100,000, this amount shall be reduced accordingly: Provided further, That any amount received in excess of $4,996,100,000 in fiscal year 2026 and deposited in the Patent and Trademark Fee Reserve Fund shall remain available until expended: Provided further, That the Director of USPTO shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming 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 any amounts reprogrammed in accordance with the preceding proviso shall be transferred to the United States Patent and Trademark Office “Salaries and Expenses” account: Provided further, That the budget of the President submitted for fiscal year 2027 under section 1105 of title 31, United States Code, shall include within amounts provided under this heading for necessary expenses of the USPTO any increases that are expected to result from an increase promulgated through rule or regulation in offsetting collections of fees and surcharges assessed and collected by the USPTO under any law in either fiscal year 2026 or fiscal year 2027: Provided further, That from amounts provided herein, not to exceed $13,500 shall be made available in fiscal year 2026 for official reception and representation expenses: Provided further, That in fiscal year 2026 from the amounts made available for “Salaries and Expenses” for the USPTO, the amounts necessary to pay (1) the difference between the percentage of basic pay contributed by the USPTO and employees under section 8334(a) of title 5, United States Code, and the normal cost percentage (as defined by section 8331(17) of that title) as provided by the Office of Personnel Management (OPM) for USPTO’s specific use, of basic pay, of employees subject to subchapter III of chapter 83 of that title, and (2) the present value of the otherwise unfunded accruing costs, as determined by OPM for USPTO’s specific use of post-retirement life insurance and post-retirement health benefits coverage for all USPTO employees who are enrolled in Federal Employees Health Benefits (FEHB) and Federal Employees Group Life Insurance (FEGLI), shall be transferred to the Civil Service Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB Fund, as appropriate, and shall be available for the authorized purposes of those accounts: Provided further, That any differences between the present value factors published in OPM’s yearly 300 series benefit letters and the factors that OPM provides for USPTO’s specific use shall be recognized as an imputed cost on USPTO’s financial statements, where applicable: Provided further, That, notwithstanding any other provision of law, all fees and surcharges assessed and collected by USPTO are available for USPTO only pursuant to section 42(c) of title 35, United States Code, as amended by section 22 of the Leahy-Smith America Invents Act ( Public Law 112–29): Provided further, That within the amounts appropriated, $2,450,000 shall be transferred to the “Office of Inspector General” account for activities associated with carrying out investigations and audits related to the USPTO.

National Institute Of Standards And Technology

scientific and technical research and services

(including transfer of funds)

For necessary expenses of the National Institute of Standards and Technology (NIST), $1,006,628,000, to remain available until expended, of which not to exceed $9,000,000 may be transferred to the “Working Capital Fund”: Provided, That of the amounts appropriated under this heading, $149,469,000 shall be made available for the NIST—STRS projects, and in the amounts, specified in the table titled “Congressionally Directed Spending” in the report accompanying this Act: Provided further, That the amounts made available for the projects referenced in the preceding proviso may not be transferred for any other purpose: Provided further, That not to exceed $5,000 shall be for official reception and representation expenses: Provided further, That NIST may provide local transportation for summer undergraduate research fellowship program participants.

industrial technology services

For necessary expenses for industrial technology services, $212,000,000, to remain available until expended, of which $175,000,000 shall be for the Hollings Manufacturing Extension Partnership, and of which $37,000,000 shall be for the Manufacturing USA Program: Provided, That the Secretary shall renew all cooperative agreements authorized by section 278k of title 15, United States Code, for eligible entities in each State and Puerto Rico.

construction of research facilities

For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by sections 13 through 15 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278c–278e), $385,897,000, to remain available until expended: Provided, That of the amounts appropriated under this heading, $257,897,000 shall be made available for the NIST—Construction projects, and in the amounts, specified in the table titled “Congressionally Directed Spending” in the report accompanying this Act: Provided further, That up to one percent of amounts made available for the projects referenced in the preceding proviso may be used for the administrative costs of such projects: Provided further, That the Director of the National Institute of Standards and Technology shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming 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 include in the budget justification materials for fiscal year 2027 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 Institute of Standards and Technology construction project having a total multi-year program cost of more than $5,000,000, and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years.

National Oceanic And Atmospheric Administration

operations, research, and facilities

(including transfer of funds)

For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration (NOAA), including maintenance, operation, and hire of aircraft and vessels; pilot programs for State-led fisheries management, notwithstanding any other provision of law; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $4,477,642,000, to remain available until September 30, 2027: 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 section 3302 of title 31, United States Code: Provided further, That in addition, $399,644,000 shall be derived by transfer from the fund entitled “Promote and Develop Fishery Products and Research Pertaining to American Fisheries”, which shall only be used for fishery activities related to the Saltonstall-Kennedy Grant Program; Fisheries Data Collections, Surveys, and Assessments; Observers and Training; Fisheries Management Programs and Services; and Interjurisdictional Fisheries Grants: Provided further, That of the $4,905,286,000 provided for in direct obligations under this heading, $4,477,642,000 is appropriated from the general fund, $399,644,000 is provided by transfer, and $28,000,000 is derived from recoveries of prior year obligations: Provided further, That of the amount provided for in direct obligations under this heading, $4,850,644,000 shall be for the purposes and in the amounts specified in the tables under this heading in the report accompanying this Act: Provided further, That of the amount provided for in direct obligations under this heading, $54,642,000 shall be made available for the NOAA—ORF projects, and in the amounts, specified in the table titled “Congressionally Directed Spending” in the report accompanying this Act: Provided further, That the amounts made available for the projects referenced in the preceding proviso may not be transferred for any other purpose: Provided further, That not to exceed $71,299,000 shall be for payment to the “Department of Commerce Working Capital Fund”: Provided further, That 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 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. ch. 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, $1,610,000,000, to remain available until September 30, 2028, except that funds provided for acquisition and construction of satellites, vessels, aircraft, and construction of facilities shall remain available until expended: Provided, That of the $1,623,000,000 provided for in direct obligations under this heading, $1,610,000,000 is appropriated from the general fund and $13,000,000 is provided from recoveries of prior year obligations: Provided further, That the $1,623,000,000 provided for in direct obligations under this heading shall be for the purposes and in the amounts specified in the tables under this heading in the report accompanying this Act: Provided further, That 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 for fiscal year 2027 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 construction project having a total of more than $5,000,000 and simultaneously the budget justification shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years.

pacific coastal salmon recovery

For necessary expenses associated with the restoration of Pacific salmon populations, $65,000,000, to remain available until September 30, 2027: Provided, That, of the funds provided herein, the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the federally recognized Tribes of the Columbia River and Pacific Coast (including Alaska), for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or that are 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 all funds shall be allocated based on scientific and other merit principles and shall not be available for marketing activities: 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.

fisheries disaster assistance

For necessary expenses of administering the fishery disaster assistance programs authorized by the Magnuson-Stevens Fishery Conservation and Management Act (Public Law 94–265) and the Interjurisdictional Fisheries Act (title III of Public Law 99–659), $300,000.

fishermen’s contingency fund

For carrying out the provisions of title IV of Public Law 95–372, not to exceed $349,000, to be derived from receipts collected pursuant to that Act, to remain available until expended.

fisheries finance program account

Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2026, obligations of direct loans may not exceed $24,000,000 for Individual Fishing Quota loans and not to exceed $150,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936.

recreational quota entity fund

For carrying out the provisions of section 106 of the Driftnet Modernization and Bycatch Reduction Act (title I of division S of the Consolidated Appropriations Act, 2023 ( Public Law 117–328)), the National Oceanic and Atmospheric Administration may assess and collect fees pursuant to such section, which shall be credited to this account, to remain available until expended, for the purposes specified in subsection (b) of such section, in addition to amounts otherwise available for such purposes.

Departmental Management

salaries and expenses

For necessary expenses for the management of the Department of Commerce provided for by law, including not to exceed $9,000 for official reception and representation, $94,500,000: Provided, That no employee of the Department of Commerce may be detailed or assigned from a bureau or office funded by this Act or any other Act to offices within the Office of the Secretary of the Department of Commerce for more than 180 days in a fiscal year unless the individual’s employing bureau or office is fully reimbursed for the salary and expenses of the employee for the entire period of assignment using funds provided under this heading: Provided further, That amounts made available to the Department of Commerce in this or any prior Act may not be transferred pursuant to section 508 of this or any prior Act to the account funded under this heading, except in the case of extraordinary circumstances that threaten life or property.

renovation and modernization

For necessary expenses for the renovation and modernization of the Herbert C. Hoover Building, $1,142,000.

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 (5 U.S.C. App.), $48,000,000.

General Provisions—department Of Commerce

(including transfer of funds)

Sec. 101. During the current fiscal year, applicable appropriations 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.