text:
Consolidated Appropriations Act, 2005/Division B/Title II

=— DEPARTMENT OF COMMERCE AND RELATED AGENCIES=

Salaries and Expenses

 * For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by 5 U.S.C. 3109, $41,552,000, of which $1,000,000 shall remain available until expended:

 * Provided, That not to exceed $124,000 shall be available for official reception and representation expenses;

 * Provided further, That not less than $2,000,000 provided under this heading shall be expenses authorized by 19 U.S.C. 2451 and 1677b(c);

 * Provided further, That negotiations shall be conducted within the World Trade Organization to recognize the right of members to distribute monies collected from antidumping and countervailing duties;

 * Provided further, That there is established a position of Chief Negotiator for Intellectual Property Enforcement.

National Intellectual Property Law Enforcement Coordination Council

 * For necessary expenses of the National Intellectual Property Law Enforcement Coordination Council to coordinate domestic and international intellectual property protection and law enforcement relating to intellectual property among Federal and foreign entities, $2,000,000, to remain available until September 30, 2006:

 * Provided, That there shall be at the head of the National Intellectual Property Law Enforcement Coordination Council a Coordinator for International Intellectual Property Enforcement;

 * Provided further, That the Coordinator for International Intellectual Property Enforcement shall be appointed by the President;

 * Provided further, That no person shall serve as the Coordinator for International Intellectual Property Enforcement while serving in any other position in the Federal Government;

 * Provided further, That the co-chairs of the National Intellectual Property Law Enforcement Coordination Council, as designated by Public Law 106-58, shall report to the Coordinator for International Intellectual Property Enforcement on matters concerning the National Intellectual Property Law Enforcement Coordination Council;

 * Provided further, That the National Intellectual Property Law Enforcement Coordination Council shall—
 * (1) establish policies, objectives, and priorities concerning international intellectual property protection and intellectual property law enforcement;
 * (2) promulgate a strategy for protecting American intellectual property overseas; and
 * (3) coordinate and oversee implementation by agencies with responsibilities for intellectual property protection and intellectual property law enforcement of the policies, objectives, and priorities established under paragraph (1) and the fulfillment of the responsibilities assigned to such agencies in the strategy described in paragraph (2);

 * Provided further, That the Coordinator for International Intellectual Property Enforcement shall develop for each fiscal year, with the advice of the members of the National Intellectual Property Law Enforcement Coordination Council and any other departments and agencies with responsibilities for intellectual property protection and intellectual property law enforcement, a budget proposal to implement the strategy described in paragraph (2) and for the operations of the National Intellectual Property Law Enforcement Coordination Council, and shall transmit such budget proposal to the President and to the Congress;

 * Provided further, That the Coordinator for International Intellectual Property Enforcement may select, appoint, employ, and fix compensation of such officers and employees as may be necessary to carry out the functions of the National Intellectual Property Law Enforcement Coordination Council;

 * Provided further, That the Coordinator for International Intellectual Property Enforcement may direct, with the concurrence of the Secretary of a department or head of an agency, the temporary reassignment within the Federal Government of personnel employed by such department or agency.

International Trade Commission

 * For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and representation expenses, $61,700,000, to remain available until expended.

Operations and Administration

 * For necessary expenses for international trade activities of the Department of Commerce provided for by law, 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 44 U.S.C. 3702 and 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. 40118; employment of Americans and aliens by contract for services; rental of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporarily demountable 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, not to exceed $30,000 per vehicle; obtaining insurance on official motor vehicles, and rental of tie lines, $401,513,000, to remain available until expended, of which $8,000,000 is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding 31 U.S.C. 3302:

 * Provided, That $48,509,000 shall be for Manufacturing and Services; $40,087,000 shall be for Market Access and Compliance; $64,544,000 shall be for the Import Administration of which not less than $3,000,000 is for the Office of China Compliance; $222,365,000 shall be for the United States and Foreign Commercial Service of which $1,500,000 is for the Advocacy Center, $2,500,000 is for the Trade Information Center, and $2,100,000 is for a China and Middle East Business Center; and $26,008,000 shall be for Executive Direction 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 activities 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 of 1961 shall include payment for assessments for services provided as part of these activities;

 * Provided further, That negotiations shall be conducted within the World Trade Organization to recognize the right of members to distribute monies collected from antidumping and countervailing duties;

 * Provided further, That of the amount provided, $1,000,000 is for a grant to the United States Air and Trade Show, Inc., to study the feasibility of the establishment and operation of a biennial United States international trade show to promote international exports from the United State and for initial expenses of implementing the recommendations set forth in the study;

 * Provided further, That for purposes of section 31.205(d)(2) of the Federal Acquisition Regulation, any international air and trade show conducted by the grantee shall be considered to be a trade show containing a significant effort to promote exports from the United States.

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 services 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 $15,000 for official representation expenses abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by 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, $68,393,000, to remain available until expended, of which $7,200,000 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. 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 Assistance Programs

 * For grants for economic development assistance as provided by the Public Works and Economic Development Act of 1965, and for trade adjustment assistance, $257,423,000, to remain available until expended.

Salaries and Expenses

 * For necessary expenses of administering the economic development assistance programs as provided for by law, $30,483,000;

 * Provided, That these funds 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, and the Community Emergency Drought Relief Act of 1977.

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, $29,899,000.

Salaries and Expenses

 * For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $80,000,000, to remain available until September 30, 2006, of which $2,000,000 is for a grant to the National Academy of Public Administration to study impacts of off-shoring on the economy and workforce of the United States.

Salaries and Expenses

 * For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $198,765,000.

Periodic Censuses and Programs

 * For necessary expenses related to the 2010 decennial census, $393,515,000, to remain available until September 30, 2006:

 * Provided, That of the total amount available related to the 2010 decennial census, $165,196,000 is for the Re-engineered Design Process for the Short-Form Only Census, $146,009,000 is for the American Community Survey, and $82,310,000 is for the Master Address File/Topologically Integrated Geographic Encoding and Referencing (MAF/TIGER) system.

 * In addition, for expenses to collect and publish statistics for other periodic censuses and programs provided for by law, $162,601,000, to remain available until September 30, 2006, of which $73,473,000 is for economic statistics programs and $89,128,000 is for demographic statistics programs:

 * Provided, That regarding construction of a facility at the Suitland Federal Center, quarterly reports regarding the expenditure of funds and project planning, design and cost decisions shall be provided by the Bureau, in cooperation with the General Services Administration, to the Committees on Appropriations of the Senate and the House of Representatives;

 * Provided further, That none of the funds provided in this or any other Act under the heading "Bureau of the Census, Periodic Censuses and Programs" shall be used to fund the construction and tenant build-out costs of a facility at the Suitland Federal Center;

 * Provided further, That none of the funds provided in this or any other Act for any fiscal year may be used for the collection of Census data on race identification that does not include "some other race" as a category.

Salaries and Expenses

 * For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $17,433,000, to remain available until September 30, 2006:

 * 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 the Secretary of Commerce is authorized to retain and use 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.

Public Telecommunications Facilities, Planning and Construction

 * For the administration of grants authorized by section 392 of the Communications Act of 1934, $21,769,000, to remain available until expended as authorized by section 391 of the Act:

 * Provided, That not to exceed $2,000,000 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.

Information Infrastructure Grants

 * For the administration of prior year grants, recoveries and unobligated balances of funds previously appropriated for grants are available only for the administration of all open grants until their expiration.

Salaries and Expenses

 * For necessary expenses of the United States Patent and Trademark Office provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, $1,336,000,000, to remain available until expended, which 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:

 * Provided, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2005, so as to result in a fiscal year 2005 appropriation from the general fund estimated at $0;

 * Provided further, That during fiscal year 2005, should the total amount of offsetting fee collections be less than $1,356,000,000, this amount shall be reduced accordingly;

 * Provided further, That not less than 526 full-time equivalents, 530 positions and $759,021,000 shall be for the examination and searching of patent applications;

 * Provided further, That not more than 244 full-time equivalents, 251 positions and $31,906,000 shall be for the Office of the General Counsel;

 * Provided further, That of amounts made available under this heading, $20,000,000 shall only be available for initiatives to protect United States intellectual property overseas;

 * Provided further, That from amounts provided herein, not to exceed $1,000 shall be made available in fiscal year 2005 for official reception and representation expenses;

 * Provided further, That notwithstanding section 1353 of title 31, United States Code, no employee of the United States Patent and Trademark Office may accept payment or reimbursement from a non-Federal entity for travel, subsistence, or related expenses for the purpose of enabling an employee to attend and participate in a convention, conference, or meeting when the entity offering payment or reimbursement is a person or corporation subject to regulation by the Office, or represents a person or corporation subject to regulation by the Office, unless the person or corporation is an organization exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986.

 * In addition, fees authorized by title VIII of this Act may be collected and credited to this account as offsetting collections:

 * Provided, That not to exceed $218,754,000 derived from such offsetting collections shall be available until expended for authorized purposes;

 * Provided further, That not less than 58 full-time equivalents, 72 positions and $5,551,000 shall be for the examination of trademark applications; and not less than 378 full-time equivalents, 709 positions and $106,986,000 shall be for the examination and searching of patent applications;

 * Provided further, That not more than 20 full-time equivalents, 20 positions and $4,955,000 shall be for the Office of the General Counsel;

 * Provided further, That the total amount appropriated from fees collected in fiscal year 2005, including such increased fees, shall not exceed $1,574,754,000;

 * Provided further, That in fiscal year 2005, from the amounts made available for "Salaries and Expenses" for the United States Patent and Trademark Office (PTO), the amounts necessary to pay: (1) the difference between the percentage of basic pay contributed by the PTO 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) of basic pay, of employees subject to sub-chapter III of chapter 83 of that title; and (2) the present value of the otherwise unfunded accruing costs, as determined by the Office of Personnel Management, of post-retirement life insurance and post-retirement health benefits coverage for all PTO employees, shall be transferred to the Civil Service Retirement and Disability Fund, the Employees Life Insurance Fund, and the Employees Health Benefits Fund, as appropriate, and shall be available for the authorized purposes of those accounts.

Salaries and Expenses

 * For necessary expenses for the Under Secretary for Technology Office of Technology Policy, $6,547,000:

 * Provided, That section 8(a) of the Technology Administration Act of 1998 (15 U.S.C. 1511e(a)) is amended by striking "Technology Administration of" after "within the";

 * Provided further, That $200,000 is for the World Congress on Information Technology.

Scientific and Technical Research and Services

 * For necessary expenses of the National Institute of Standards and Technology, $383,892,000, to remain available until expended, of which not to exceed $2,900,000 may be transferred to the "Working Capital Fund".

Industrial Technology Services

 * For necessary expenses of the Manufacturing Extension Partnership of the National Institute of Standards and Technology, $109,000,000, to remain available until expended:

 * Provided, That the Secretary of Commerce shall not recompete any existing Manufacturing Extension Partnership Center prior to 2007;

 * Provided further, That hereafter the Manufacturing Extension Partnership Program authorized under 15 U.S.C. 278k shall be renamed the Hollings Manufacturing Partnership Program and the centers established and receiving funding under 15 U.S.C. 278k paragraph (a) shall be named the Hollings Manufacturing Extension Centers.

 * In addition, for necessary expenses of the Advanced Technology Program of the National Institute of Standards and Technology, $142,300,000, to remain available until expended.

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 15 U.S.C. 278c-278e, $73,500,000, to remain available until expended.

Operations, Research, and Facilities (Including Transfer of Funds)

 * For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $2,804,065,000, to remain available until September 30, 2006, except for funds provided for cooperative enforcement which shall remain available until September 30, 2007:

 * Provided, That fees and donations received by the National Ocean Service for the management of national maritime sanctuaries may be retained and used for the salaries and expenses associated with those activities, notwithstanding 31 U.S.C. 3302;

 * Provided further, That in addition, $3,000,000 shall be derived by transfer from the fund entitled "Coastal Zone Management" and in addition $65,000,000 shall be derived by transfer from the fund entitled "Promote and Develop Fishery Products and Research Pertaining to American Fisheries";

 * Provided further, That of the $2,872,065,000 provided for in direct obligations under this heading $2,804,065,000 is appropriated from the General Fund;

 * Provided further, That no general administrative charge shall be applied against an assigned activity included in this Act or the report accompanying this Act except for additional costs above the fiscal year 2004 level of $2,600,000 for automating and modernizing the NOAA grant processing systems up to a total of $5,000,000;

 * Provided further, That the total amount available for the National Oceanic and Atmospheric Administration corporate services administrative support costs shall not exceed $171,530,000;

 * Provided further, That payments of funds made available under this heading to the Department of Commerce Working Capital Fund including Department of Commerce General Counsel legal services shall not exceed $39,500,000;

 * Provided further, That any deviation from the amounts designated for specific activities in the report accompanying this Act shall be subject to the procedures set forth in section 605 of this Act;

 * 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, unless funds provided for "Coastal Zone Management Grants" exceed funds provided in the previous fiscal year;

 * Provided further, That if funds provided for "Coastal Zone Management Grants" exceed funds provided in the previous fiscal year, then no State shall receive more than 5 percent or less than 1 percent of the additional funds;

 * Provided further, That none of the funds under this heading are available to alter the existing structure, organization, function, and funding of the National Marine Fisheries Service Southwest Region and Fisheries Science Center and Northwest Region and Fisheries Science Center;

 * Provided further, That notwithstanding any other provision of law, $600,000 shall be available only for the National Oceanic and Atmospheric Administration Office of Space Commercialization;

 * Provided further, That the personnel management demonstration project established at the National Oceanic and Atmospheric Administration pursuant to 5 U.S.C. 4703 may be expanded by 3,500 full-time positions to include up to 6,925 full-time positions and may be extended indefinitely;

 * Provided further, That the Administrator of the National Oceanic and Atmospheric Administration may engage in formal and informal education activities, including primary and secondary education, related to the agency's mission goals.

 * 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, $1,053,436,000 to remain available until September 30, 2007, except funds provided for construction of facilities which shall remain available until September 30, 2009, and funds provided for the Honolulu Laboratory and the Marine Environmental Health Research Laboratory which shall remain available until expended:

 * Provided, That of the amounts provided for the National Polar-orbiting Operational Environmental Satellite System, funds shall only be made available on a dollar for dollar matching basis with funds provided for the same purpose by the Department of Defense;

 * Provided further, That except to the extent expressly prohibited by any other law, the Department of Defense may delegate procurement functions related to the National Polar-orbiting Operational Environmental Satellite System to officials of the Department of Commerce pursuant to section 2311 of title 10, United States Code;

 * Provided further, That any deviation from the amounts designated for specific activities in the report accompanying this Act shall be subject to the procedures set forth in section 605 of this Act;

 * Provided further, That none of the funds provided in this Act or any other Act under the heading "National Oceanic and Atmospheric Administration, Procurement, Acquisition and Construction" shall be used to fund the General Services Administration's standard construction and tenant build-out costs of a facility at the Suitland Federal Center;

 * Provided further, That beginning in fiscal year 2006 and for each fiscal year thereafter, the Secretary of Commerce shall include in the budget justification materials 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, 10 United States Code) an estimate for each National Oceanic and Atmospheric Administration procurement, acquisition and construction program having a total multiyear 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 program for each of the 5 subsequent fiscal years.

Pacific Coastal Salmon Recovery

 * For necessary expenses associated with the restoration of Pacific salmon populations, $90,000,000:

 * Provided, That section 628(2)(A) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 (16 U.S.C. 3645) is amended—
 * (1) by striking "2000, 2001, 2002, and 2003" and inserting "2005", and
 * (2) by inserting "Idaho," after "Oregon,".

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 $3,000,000 shall be transferred to the "Operations, Research, and Facilities" account to offset the costs of implementing such Act.

Fisherman's Contingency Fund

 * For carrying out the provisions of title IV of Public Law 95-372, not to exceed $499,000, to be derived from receipts collected pursuant to that Act, to remain available until expended.

Fisheries Finance Program Account

 * For the costs of direct loans, $287,000, as authorized by the Merchant Marine Act of 1936:

 * Provided, That such costs, including the cost of modifying such loans, shall be as defined in the Federal Credit Reform Act of 1990;

 * Provided further, That these funds are only available to subsidize gross obligations for the principal amount of direct loans not to exceed $5,000,000 for Individual Fishing Quota loans, and not to exceed $59,000,000 for traditional direct loans, of which $40,000,000 may be used for direct loans to the United States distant water tuna fleet, and of which $19,000,000 may be used for direct loans to the United States menhaden fishery;

 * 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.

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, $48,109,000:

 * Provided, That not to exceed 12 full-time equivalents and $1,621,000 shall be expended for the legislative affairs function of the Department.

United States Travel and Tourism Promotion

 * For necessary expenses of the United States Travel and Tourism Promotion Program, as authorized by section 210 of Public Law 108-7, for programs promoting travel to the United States including grants, contracts, cooperative agreements and related costs, $10,000,000, to remain available until September 30, 2006.

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.), $21,660,000.

SEC. 201.

 * 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.

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 authorized by law (5 U.S.C. 5901-5902).

SEC. 203.

 * 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. 204.

 * 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 procedures set forth in that section.

SEC. 205.

 * Hereafter, none of the funds made available by this or any other Act for 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 authorized by section 8501 of title 5, United States Code, for services performed by individuals appointed to temporary positions within the Bureau of the Census for purposes relating to the decennial censuses of population.

SEC. 206.

 * Of the amount available from the fund entitled "Promote and Develop Fishery Products and Research Pertaining to American Fisheries", $10,000,000 shall be provided to the Alaska Fisheries Marketing Board, $1,000,000 shall be available for the "Wild American Shrimp Initiative", and $1,000,000 shall be available for the Gulf Oyster Industry Education Program:

 * 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 Secretary 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 without 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. 207.

 * (a) Hereafter, 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 expansion. Funds for management and operation of the Laboratory may 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 entities, 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 Program in section 211(b) of Public Law 108-199 shall remain available until expended.

SEC. 209.

 * A fishing capacity reduction program for the Southeast 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 appropriated 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 Commerce for International Trade.".

SEC. 211.

 * Notwithstanding any other provision of law, of the amounts made available elsewhere in the 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 education 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 Community 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 commercial 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 SCHOLARSHIP 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.

 * (b) PURPOSES—The purposes of the Ernest F. Hollings Scholarships 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 environmental 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 oceanic and atmospheric science, research, technology, and education 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 available for the Ernest F. Hollings Scholarship program one-tenth of 1 percent of such appropriations.

 * (g) SCHOLARSHIP REPAYMENT REQUIREMENT—The Administrator 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 Administrator 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 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 Secretary 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 implement 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 specifically 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 conditions 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 voluntary 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) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)(G)).
 * (5) LLP LICENSE—The term "LLP license" means a Federal License Limitation program groundfish license issued pursuant to section 679.4(k) of title 50, Code of Federal Regulations (or successor regulation).
 * (6) LONGLINE CATCHER PROCESSOR SUBSECTOR—The term "longline catcher processor subsector" means the holders of an LLP license that is noninterim and transferable, or that is interim and subsequently becomes noninterim and transferable, and that is endorsed for Bering Sea or Aleutian Islands catcher processor fishing activity, C/P, Pcod, and hook and line gear.
 * (7) NON-AFA TRAWL CATCHER PROCESSOR SUBSECTOR—The term "non-AFA trawl catcher processor subsector" means the owner of each trawl catcher processor—
 * (A) that is not an AFA trawl catcher processor;
 * (B) to whom a valid LLP license that is endorsed for Bering Sea or Aleutian Islands trawl catcher processor fishing activity has been issued; and
 * (C) that the Secretary determines has harvested with trawl gear and processed not less than a total of 150 metric tons of non-pollock groundfish during the period January 1, 1997 through December 31, 2002.
 * (8) NON-POLLOCK GROUNDFISH FISHERY—The term "non-pollock groundfish fishery" means target species of Atka mackerel, flathead sole, Pacific cod, Pacific Ocean perch, rock sole, turbot, or yellowfin sole harvested in the BSAI.
 * (9) POT CATCHER PROCESSOR SUBSECTOR—The term "pot catcher processor subsector" means the holders of an LLP license that is noninterim and transferable, or that is interim and subsequently becomes noninterim and transferable, and that is endorsed for Bering Sea or Aleutian Islands catcher processor fishing activity, C/P, Pcod, and pot gear.
 * (10) SECRETARY—Except as otherwise provided in this Act, the term "Secretary" means the Secretary of Commerce.

 * (b) AUTHORITY FOR BSAI CATCHER PROCESSOR CAPACITY REDUCTION PROGRAM—
 * (1) IN GENERAL—A fishing capacity reduction program for the non-pollock groundfish fishery in the BSAI is authorized to be financed through a capacity reduction loan of not more than $75,000,000 under sections 1111 and 1112 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g).
 * (2) RELATIONSHIP TO MERCHANT MARINE ACT, 1936—The fishing capacity reduction program authorized by paragraph (1) shall be a program for the purposes of subsection (e) of section 1111 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f), except, notwithstanding subsection (b)(4) of such section, the capacity reduction loan authorized by paragraph (1) may have a maturity not to exceed 30 years.

 * (c) AVAILABILITY OF CAPACITY REDUCTION FUNDS TO CATCHER PROCESSOR SUBSECTORS—
 * (1) IN GENERAL—The Secretary shall make available the amounts of the capacity reduction loan authorized by subsection (b)(1) to each catcher processor subsector as described in this subsection.
 * (2) INITIAL AVAILABILITY OF FUNDS—The Secretary shall make available the amounts of the capacity reduction loan authorized by subsection (b)(1) as follows:
 * (A) Not more than $36,000,000 for the longline catcher processor subsector.
 * (B) Not more than $6,000,000 for the AFA trawl catcher processor subsector.
 * (C) Not more than $31,000,000 for the non-AFA trawl catcher processor subsector.
 * (D) Not more than $2,000,000 for the pot catcher processor subsector.
 * (3) OTHER AVAILABILITY OF FUNDS—After January 1, 2009, the Secretary may make available for fishing capacity reduction to one or more of the catcher processor subsections any amounts of the capacity reduction loan authorized by subsection (b)(1) that have not been expended by that date.

 * (d) BINDING REDUCTION CONTRACTS—
 * (1) REQUIREMENT FOR CONTRACTS—The Secretary may not provide funds to a person under the fishing capacity reduction program authorized by subsection (b) if such person does not enter into a binding reduction contract between the United States and such person, the performance of which may only be subject to the approval of an appropriate capacity reduction plan under subsection (e).
 * (2) REQUIREMENT TO REVOKE LICENSES—The Secretary shall revoke all Federal fishery licenses, fishery permits, and area and species endorsements issued for a vessel, or any vessel named on an LLP license purchased through the fishing capacity reduction program authorized by subsection (b).

 * (e) DEVELOPMENT, APPROVAL, AND NOTIFICATION OF CAPACITY REDUCTION PLANS—
 * (1) DEVELOPMENT—Each catcher processor subsector may, after notice to the Council, submit to the Secretary a capacity reduction plan for the appropriate subsector to promote sustainable fisheries management through the removal of excess harvesting capacity from the non-pollock groundfish fishery.
 * (2) APPROVAL BY THE SECRETARY—The Secretary is authorized to approve a capacity reduction plan submitted under paragraph (1) if such plan—
 * (A) is consistent with the requirements of section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)) except—
 * (i) the requirement that a Council or Governor of a State request such a program set out in paragraph (1) of such subsection; and
 * (ii) the requirements of paragraph (4) of such subsection;
 * (B) contains provisions for a fee system that provides for full and timely repayment of the capacity reduction loan by a catcher processor subsector and that may provide for the assessment of such fees based on methods other than ex-vessel value of fish harvested;
 * (C) does not require a bidding or auction process;
 * (D) will result in the maximum sustained reduction in fishing capacity at the least cost and in the minimum amount of time; and
 * (E) permits vessels in the catcher processor subsector to be upgraded to achieve efficiencies in fishing operations provided that such upgrades do not result in the vessel exceeding the applicable length, tonnage, or horsepower limitations set out in Federal law or regulation.
 * (3) APPROVAL BY REFERENDUM—
 * (A) IN GENERAL—Following approval by the Secretary under paragraph (2), the Secretary shall conduct a referendum for approval of a capacity reduction plan for the appropriate catcher processor subsector. The capacity reduction plan and fee system shall be approved if the referendum votes which are cast in favor of the proposed system by the appropriate catcher processor subsector are—
 * (i) 100 percent of the members of the AFA trawl catcher processor subsector; or
 * (ii) not less than ⅔ of the members of—
 * (I) the longline catcher processor subsector;
 * (II) the non-AFA trawl catcher processor subsector; or
 * (III) the pot catcher processor subsector.
 * (B) NOTIFICATION PRIOR TO REFERENDUM—Prior to conducting a referendum under subparagraph (A) for a capacity reduction plan, the Secretary shall—
 * (i) identify, to the extent practicable, and notify the catcher processor subsector that will be affected by such plan; and
 * (ii) make available to such subsector information about any industry fee system contained in such plan, a description of the schedule, procedures, and eligibility requirements for the referendum, the proposed program, the estimated capacity reduction, the amount and duration, and any other terms and conditions of the fee system proposed in such plan.
 * (4) IMPLEMENTATION—
 * (A) NOTICE OF IMPLEMENTATION—Not later than 90 days after a capacity reduction plan is approved by a referendum under paragraph (3), the Secretary shall publish a notice in the Federal Register that includes the exact terms and conditions under which the Secretary shall implement the fishing capacity reduction program authorized by subsection (b).
 * (B) INAPPLICABILITY OF IMPLEMENTATION PROVISION OF MAGNUSON—Section 312(e) of the [[Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(e)) shall not apply to a capacity reduction plan approved under this subsection.
 * (5) AUTHORITY TO COLLECT FEES—The Secretary is authorized to collect fees to fund a fishing capacity reduction program and to repay debt obligations incurred pursuant to a plan approved under paragraph (3)(A).

 * (f) ACTION BY OTHER ENTITIES—Upon the request of the Secretary, the Secretary of the Department in which the National Vessel Documentation Center operates or the Secretary of the Department in which the Maritime Administration operates, as appropriate, shall, with respect to any vessel or any vessel named on an LLP license purchased through the fishing capacity reduction program authorized by subsection (b)—
 * (1) (A) permanently revoke any fishery endorsement issued to the vessel under section 12108 of title 46, United States Code;
 * (B) refuse to grant the approval required under section 9(c)(2) of the Shipping Act, 1916 (46 U.S.C. App. 808(c)(2)) for the placement of the vessel under foreign registry or the operation of the vessel under the authority of a foreign country; and
 * (C) require that the vessel operate under United States flag and remain under Federal documentation; or
 * (2) require that the vessel be scrapped as a reduction vessel under section 600.1011(c) of title 50, Code of Federal Regulations.

 * (g) NON-POLLOCK GROUNDFISH FISHERY—
 * (1) PARTICIPATION IN THE FISHERY—Only a member of a catcher processor subsector may participate in—
 * (A) the catcher processor sector of the BSAI non-pollock groundfish fishery; or
 * (B) the fishing capacity reduction program authorized by subsection (b).
 * (2) PLANS FOR THE FISHERY—It is the sense of Congress that—
 * (A) the Council should continue on its path toward rationalization of the BSAI non-pollock groundfish fisheries, complete its ongoing work with respect to developing management plans for the BSAI non-pollock groundfish fisheries in a timely manner, and take actions that promote stability of these fisheries consistent with the goals of this section and the purposes and policies of the Magnuson-Stevens Fishery Conservation and Management Act; and
 * (B) such plans should not penalize members of any catcher processor subsector for achieving capacity reduction under this Act or any other provision of law.

 * (h) REPORTS—
 * (1) REQUIREMENT—The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives 5 reports on the fishing capacity reduction program authorized by subsection (b).
 * (2) CONTENT—Each report shall contain the following:
 * (A) A description of the fishing capacity reduction program carried out under the authority in subsection (b).
 * (B) An evaluation of the cost and cost-effectiveness of such program.
 * (C) An evaluation of the effectiveness of such a program in achieving the objective set out in section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)).
 * (3) SCHEDULE—
 * (A) INITIAL REPORT—The Secretary shall submit the first report under paragraph (1) not later than 90 days after the date that the first referendum referred to in subsection (e)(3) is held.
 * (B) SUBSEQUENT REPORTS—During each of the 4 years after the year in which the report is submitted under subparagraph (A), the Secretary shall submit to Congress an annual report as described in this subsection.

 * (i) CONFORMING AMENDMENTS—Section 214 of the Department of Commerce and Related Appropriations Act, 2004 (title II of division B of Public Law 108-199; 118 Stat. 75) is amended by striking "that—" and all that follows, and inserting "under the capacity reduction program authorized in section 219 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005.".

SEC. 220.

 * None of the funds appropriated in this Act or any other Act may be used to disqualify any community which was a participant in the Bering Sea Community Development Quota program on January 1, 2004, from continuing to receive quota allocations under that program.

SEC. 221.

 * In addition to amounts made available under section 214 of the Department of Commerce and Related Agencies Appropriations Act, 2004 (title II of division B of Public Law 108-199; 118 Stat. 75) of the funding provided in this act under the heading "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, OPERATIONS, RESEARCH, AND FACILITIES", $250,000, to remain available until expended, for the Federal Credit Reform Act cost of a reduction loan under sections 1111 and 1112 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g), not to exceed an additional $25,000,000 in principal, for the capacity reduction program authorized in section 219.

This title may be cited as the "Department of Commerce and Related Agencies Appropriations Act, 2005".


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64

To-morrow are let blood at Pomfret Castle;

And bid my lord, for joy of this good news,

Give Mistress Shore one gentle kiss the more.

Buck. Good Catesby, go, effect this business soundly.

Cate. My good lords both, with all the heed I can.

Rich. Shall we hear from you, Catesby, ere we sleep?

Cate. You shall, my lord.

Rich. At Crosby House, there shall you find us both.

Exit Catesby.

Buck. Now, my lord, what shall we do if we perceive

Lord Hastings will not yield to our complots?

Rich. Chop off his head; something we will determine:

And, look, when I am king, claim thou of me

The earldom of Hereford, and all the moveables

Whereof the king my brother was possess'd.

Buck. I'll claim that promise at your Grace's hand.

Rich. And look to have it yielded with all kindness.

Come, let us sup betimes, that afterwards

We may digest our complots in some form.

Exeunt.

Mess. [Knocking.] My lord! my lord!

Hast. [Within.] Who knocks?

Mess. One from the Lord Stanley.

Hast. [Within.] What is ’t o'clock?

 185 Mistress Shore: cf. n.

192 complots: plots, conspiracies

195, 196 Cf. n.

195 moveables: personal property

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 nition it consists only in doing all kinds of evil. The whole discussion is of the same character, so that in conclusion it says:

“5. Common sense on its side cannot help but remark that if divine grace embarrasses man’s freedom and draws it forcibly to the good, then every merit is taken away from a man’s good actions, every incitement to do good, and in general his whole morality is undermined, and the cause of it all is God himself! Can such ideas be admitted? It is true, reason cannot explain in what way the mighty power of God, acting upon man, leaves his freedom intact, and cannot with certainty define their mutual relations; but none the less this mystery must be for us above all doubt, since we have so many grounds for belief that man is not only not deprived of liberty under the influence of grace upon him, but also actively takes part in its action, which takes place in him and through him.” (p. 288.)

That is, in other words, the Theology confesses that it does not understand anything of what it has said, but that it thinks that it is necessary to believe in that mystery, that is, in something meaningless and contradictory, which it is even impossible to express.

Art. 194 continues the tangle, proving that man takes an active part in what divine grace accomplishes in him and through him.

“St. Theodoret: ‘The apostle called it a gift of God not only to believe, but also to suffer gloriously (Phil. i. 29), without rejecting the participation of the free will (of man), but teaching us that the will in itself, deprived of grace, cannot achieve anything good. Both are necessary: our readiness, or desire, to act, and the divine coöperation. And as for those who have not that desire it is not enough to have the grace of the Spirit, even so, on the other hand, the mere desire, not strengthened by grace, cannot gather the riches of the virtues.’” (p. 291.)


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 Thus the article asserts that a man who cannot do anything good without grace at the same time takes part in the action of grace. Leaving out the absurdity, contradictoriness, and immorality of the whole doctrine, one asks himself involuntarily: For what and for whom is that wanted? And if any one needs it, what is that tangle for? All right, a man cannot do anything without grace: then say so. But no, the proof is given that man cannot be saved without grace, and yet he must look for that grace, and coöperate, and through the whole tangle it would seem impossible to answer the question what it is all for. And if we did not know what is going to follow, we should get no answer. But there is a direct answer: grace, as understood by the hierarchy, is not the grace of the Calvinists, a preordained salvation, but the grace of the hierarchy,—its sacraments, and these have to be sought for.

The sacraments are transmitted to the flock by the priests, and the priests get money for them. Consequently it is impossible to be saved without grace, and grace must be looked for in the sacraments. What is bad about it is that with that is not only destroyed the whole moral significance of the teaching of Christ, but every moral teaching is obscured by the search after these sacraments which can be bought for money. But what is to be done? Without it there would be no hierarchy. Consequently the whole doctrine about grace is very important. That alone can explain to us the wonderful doctrine about grace.


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1837.] M. de Humboldt finally refers to the labours and accurate observations of M. Gauss at the Observatory of Göttingen. The methods, however, adopted by M. Gauss being already before the Royal Society, in a memoir which has been communicated by him, renders it unnecessary here to enter into the explanation given of them by M. de Humboldt. He has referred to them in order that those members of the Royal Society who have most advanced the study of terrestrial magnetism, and who are acquainted with the localities of colonial establishments, may take into consideration, whether, in the new stations to be established, a bar of great weight furnished with a mirror should be employed, or whether Gambey's needle should be used: his wish is only to see the lines of magnetic stations extended, by whatever means the precision of the observations may be attained.

M. de Humboldt concludes by begging His Royal Highness to excuse the extent of his communication. He considered it would be advantageous to unite under a single point of view what has been done or prepared in different countries towards attaining the object of great simultaneous operations for the discovery of the laws of terrestrial magnetism.

Having very fully laid before the Council the contents of M. de Humboldt's letter, we have now to offer our opinion upon the subject it embraces. There can, we consider, be no question of the importance of the plan of observation which is here proposed for the investigation of the phenomena of terrestrial magnetism, or of the prospect which such a plan holds out of the ultimate discovery of the laws by which those phenomena are governed. Although the most striking of these phenomena have now been known for two centuries, although careful observations of them have within that period been made, and that still more care and attention have been bestowed upon those more recently discovered, yet the accessions to our knowledge, not only regarding the cause of the phenomena, but even with respect to the laws which connect them, bears a very small proportion to the mass of observations which have been made. This has arisen in a great measure, if not wholly, from the imperfection of the data from which attempts have been made to draw conclusions. Whatever theories may have been advanced in explanation of these phenomena, or attempts made to connect them by empirical laws; still, whenever comparisons have been instituted between the results of observation and such theories or laws, it has, in general, been doubtful whether the discrepancies which have been found might not as justly be attributed to errors in the observations, as to fallacies in the theory or incorrectness in the laws. Under these circumstances, the Royal Society, as a society for the promotion of natural knowledge, cannot but hail with satisfaction a proposition for carrying on observations of phenomena most interest-


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doctrine about grace is now regarded by the Theology as firmly established, and there begins the exposition of the statement that upon it is based the doctrine about sanctification:

“In rejecting the error of the Protestants, who under the name of justification or sanctification of man by grace understand the mere remission of sins, although man in reality perseveres in them, and a mere external imputation of the righteousness of Christ, though in reality man does not become righteous, but as a condition for justification and sanctification recognize only faith on the part of man, the Orthodox Church teaches: (a) that the sanctification of man consists in his being actually purified from sin by the grace of God and, with its aid, becoming righteous and holy.” (pp. 292 and 293.)

Here by the words “sanctification of man” are meant the sacraments. Thus, after the proofs from Holy Scripture, is quoted the utterance by St. John Chrysostom:

“The Jewish priests had the power to cleanse bodily leprosy, or, more correctly, not to cleanse, but to testify to the cleansing. But these (the Christian priests) have received the power not merely to testify the cleansing, but completely to cleanse (ἀπαλλάτειν παντελῶς), not the bodily leprosy, but the impurity of the soul.”

Thus the action of grace, which heretofore was unintelligible, so long as the question was about grace in the abstract, becomes clear at once. Grace is a holiness which is communicated by the priests, and so we now can com-


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1911] I have not been far from the hut, but had a great fear on one occasion that the ice had gone out in the Strait.

The wind is dropping this evening, and I have been up to Wind Vane Hill. I now think the ice has remained fast.

There has been astonishingly little drift with the wind, probably due to the fact that there has been so very little snowfall of late.

Atkinson is pretty certain that he has isolated a very motile bacterium in the snow. It is probably air borne, and though no bacteria have been found in the air, this may be carried in upper currents and brought down by the snow. If correct it is an interesting discovery.

To-night Debenham gave a geological lecture. It was elementary. He gave little more than the rough origin and classification of rocks with a view to making his further lectures better understood.

Saturday, May 13.—The wind dropped about 10 last night. This morning it was calm and clear save for a light misty veil of ice crystals through which the moon shone with scarce clouded brilliancy, surrounded with bright cruciform halo and white paraselene. Mock moons with prismatic patches of colour appeared in the radiant ring, echoes of the main source of light. Wilson has a charming sketch of the phenomenon.

I went to Inaccessible Island, and climbing some way up the steep western face, reassured myself concerning the ice. It was evident that there had been no movement in consequence of yesterday's blow.

In climbing I had to scramble up some pretty steep


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230 ing in their nature and most obscure in their laws, in a manner that shall not only give greater precision to the observations, but at the same time render all the results strictly comparative.

There are, however, other grounds on which such a proposition as that made by M. de Humboldt should be most cordially received by the Royal Society. This society is here called upon, as a member of a great confederation, to co-operate with several other members, already in active co-operation, for the attainment of an object which ought to be common to all; and to such a call the Royal Society can never be deaf. Those who know best what has been done by co-operation on a well-digested system, and what remains undone in many departments of science for the want of it, can best appreciate the benefits that would accrue to science by the adoption of the extensive plan of co-operation, advocated by M. de Humboldt. Independently of our acquiring a knowledge of the laws which govern the phenomena here proposed to be observed, we ought to look to the effect which the adoption of such a plan may have on other branches of science. The example being thus once set of extensive co-operation in a single department of science, we may anticipate that it would be eagerly adopted in others, where, although our knowledge may be in a much more advanced state than it is regarding the phenomena of terrestrial magnetism, still much remains to be accomplished, which can scarcely be effected by any other means. We might thus hope to see the united efforts of all the scientific societies in Europe directed to the prosecution of inquiry, in each department of science, according to the plan of co-operation best adapted for its development.

We must now, after these remarks on the general bearing of M. de Humboldt's communication, go somewhat into detail on points connected with it. One point of view in which we consider the proposed plan of great importance, and to which M. de Humboldt has not expressly referred, is this: — However defective ordinary dipping instruments may be considered to be, there are few persons who have had opportunities either of making observations with the ordinary instruments for determining the variation of the needle, or of comparing those made by others by the usual methods with such instruments, who will not admit that these instruments and methods are fully as defective — possibly much more so. Thus, however we may multiply the points on the earth's surface at which such observations may be made, still great uncertainty must always rest upon such determinations of these two important elements; and in all comparisons of such observations with laws, whether empirical or deduced from theory, it will ever be doubtful whether the discordances which may be found are due to errors of observation, or are indicative of the fallacy of these laws. This source of uncertainty must, in a great measure, if not wholly, be


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620 had considerable difficulty and ran a pretty good risk in doing this, but succeeded all right. There were now Scott, Oates, Crean. Gran, Meares, and myself here and only three sleeping-bags, so the three first remained to see if they could help Bowers, Cherry-Garrard, and the ponies, while Meares, Gran, and I returned to look after our dogs at Hut Point. Here we had only two sleeping-bags for the three of us, so we had to take turns, and I remained up till 1 o'clock that night while Gran had six hours in my bag. It was a bitterly cold job after a long day. We had been up at 5 with nothing to eat till 1 o'clock, and walked 14 miles. The nights are now almost dark.

March 2. A very bitter wind blowing and it was a cheerless job waiting for six hours to get a sleep in the bag. I walked down from our tent to the hut and watched whales blowing in the semi-darkness out in the black water of the Strait. When we turned out in the morning the pony party was still on floating ice but not any further from the Barrier ice. By a merciful providence the current was taking them rather along the Barrier edge, where they went adrift, instead of straight out to sea. We could do nothing more for them, so we set to our work with the dogs. It was blowing a bitter gale of wind from the S.E. with some drift and we made a number of journeys backwards and forwards between the Gap and the hut, carrying our tent and camp equipment down and preparing a permanent picketing line for the dogs. As the ice had all gone out of the Strait we were quite cut off from any return to Cape Evans until the sea should again freeze over, and this was not likely until the end of April. We rigged up a small fireplace in the hut and found some wood and made a fire for an hour or so at each meal, but as there was no coal and not much wood we felt we must be economical with the fuel, and so also with matches and everything else, in case Bowers should lose his sledge loads, which had most of the supplies for the whole party to last twelve men for two months. The weather had now become too thick for us to distinguish anything in the distance and we remained in ignorance as to the party adrift until Saturday. I had also lent my glasses to Captain Scott. This night I had first go in the bag, and turned out to shiver for eight hours till breakfast. There was literally nothing in the hut that one could cover oneself with to keep warm and we couldn't run to keeping the fire going. It was very cold work. There were heaps of biscuit cases here which we had left in Discovery days, and with these we built up a small inner hut to live in.

March 3. Spent the day in transferring dogs in couples from the Gap to the hut. In the afternoon Teddie Evans and Atkinson turned up from over the hills, having returned from their Corner Camp journey with one horse and two seamen, all of which they had left encamped at Castle Rock, three miles off on the hills. They naturally expected to find Scott here and everyone else and had heard nothing of the pony party going adrift, but having found only open water ahead of them they turned back and came to land by Castle Rock slopes.


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 Rh

This Island being several Degrees within the Tropic, has the Trade Wind continually there, which is on the South side of the Island call'd the Sea Breeze. It comes about eight a Clock in the morning, and increases or freshens till twelve in the day, and then as the Sun grows lower, so it decreases till there is none about four at night. About eight at night begins the Land Breeze, blowing four Leagues into the Sea both in Jamaica and the Continent, and continues increasing till twelve at night, and decreases again to four, when there is no more of it. This course generally holds true. The Sea Breeze now and then is more violent than at other times, as at new or full Moon, and incroaches very much on the Land-wind, and the Norths when they reign, viz. in the months of December, January, or February, blow over the ridge of Mountains with violence, and hinder the Sea Breeze. Sometimes the Sea Breeze will blow all night, but


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Page:Uniformed Division Entrance Exam Preparation Guide.pdf/3

The purpose of this study guide is to help you prepare to take the Uniformed Division Entrance Exam (UDEE). This guide will familiarize you with the sections of the UDEE and provide you with sample test questions and explanations for the correct answers to these questions.

The study guide is organized into three chapters. The first chapter introduces the test, to include summary information about the six sections of the test. The second chapter provides detailed instructions of each test section and sample test questions with explanations. The final chapter provides information on test preparation, including test taking tips.

Please note: As you complete the UDEE, please describe yourself honestly and accurately. Cheating, deliberate attempts to falsify information or other dishonest conduct when completing the test may lead to your disqualification from the application process and from seeking Federal employment in the future. If you are a current Federal employee, you may be removed or debarred from Federal Service (5 C.F.R. part 731). 2


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The UDEE was developed to assess the range of skills and abilities required for successful performance in the Uniformed Division (UD) Officer position. It is a computer-based exam consisting of multiple-choice questions. The entire testing time, including breaks, will not exceed 3 hours and 45 minutes. The UDEE is made up of six separately timed tests:

Section 1: Critical Thinking Test. This section contains 5 passages, each of which describes a set of facts. Each passage is followed by a set of possible conclusions based on the set of facts presented in the passage. Applicants read the passage and then decide whether each conclusion is true, false, or if there is insufficient information to determine whether the conclusion is true or false (indeterminable). Section 1 contains 23 questions. Applicants will have 30 minutes to complete this section.

Section 2: Situational Judgment Test. This section contains 15 scenarios. Each scenario consists of a short video presenting a situation that a UD Officer might encounter. Applicants are then presented with various actions that can be taken to respond to the situation presented and are asked to rate the effectiveness of each action. Section 2 contains 82 questions. Applicants will have 34 minutes to complete this section.

Section 3: Memory Skills Test. This section contains 12 questions asking about details from the situations presented in Section 2. Applicants will be asked to recall various aspects of the situations, with some questions asking about specific situations and other questions asking participants to remember more general details that apply across multiple situations. Applicants will have 8 minutes to complete this section.

Section 4: Figural Reasoning Test. Each question in this section contains a series of four figures, and applicants are asked to determine the fifth figure in the series by selecting one of five possible options. The four figures shown follow a specific pattern, and in order to answer each question correctly applicants should identify the pattern and choose the option that follows that pattern. Section 4 contains 14 questions. Applicants will have 32 minutes to complete this section.

Section 5: Officer Writing Test. In this section, applicants are presented with sentences or paragraphs that may or may not need correcting, and applicants are asked to choose the option that improves the sentence or paragraph. This section contains 3 item types and a total of 30 questions. Applicants will have 35 minutes to complete this section. Section 6: Work Style Inventory. In this section, applicants are presented with descriptive statements and are asked to indicate the extent to which they agree that each statement describes them. Section 6 contains 139 questions. Applicants will have 25 minutes to complete this section. 3


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 UDEE Administrations at Pearson VUE Test Centers

Most applicants will take the UDEE in a Pearson VUE Test Center. Pearson VUE Test Centers are located nation-wide.

Scheduling a Test Session. Eligible applicants will receive an Exam Authorization Email from Pearson VUE. This email will contain important information regarding your exam (i.e., your candidate ID, testing open period, and exam series) and available testing dates. You must schedule your exam on a date within the specified testing open period. Scheduling or rescheduling outside of this open period is not permitted. You are encouraged to schedule your exam as soon as possible as the availability at certain Pearson VUE test centers can be limited.

Planning for Your Test Session. Please give yourself plenty of time to locate and travel to the Pearson VUE Test Center. If you arrive late, you will not be permitted to enter the test session.

Pearson VUE Admission Policy

We ask that you arrive at the test center 30 minutes before your scheduled testing appointment time. This will give you adequate time to complete the necessary sign-in procedures. Please be prepared to show two (2) valid forms of personal identification. Both forms must contain your photo, must be current (not expired), and at least one form must contain your signature. Acceptable forms of IDs include Driver's License, Passport Book/Card, State/Local ID, Military ID, Employee ID, and School ID.

If you arrive more than 15 minutes late for your scheduled testing appointment, you will be refused admission, denoted as a no-show, and removed from consideration in the hiring process. As a no-show, you will have to wait six (6) months from the date you were refused admission to be able to attempt to take the UDEE again. You will also have to reapply to the position and submit a new application packet when there is an open vacancy announcement posted.

No personal items may be taken into the testing room. This includes all bags, backpacks, purses, books, newspapers, notes, cellular phones, tablets, watches, and wallets. Weapons of any kind (including those of law enforcement personnel) are prohibited and will not be permitted in the testing center.

Requests for reasonable accommodations for taking the UDEE are reviewed on a case-bycase basis. If you need to request a reasonable accommodation for taking the UDEE, please send an e-mail to udsupport@undefinedusss.dhs.gov with your request and supporting documents prior to your scheduled test appointment. Accommodation requests must be submitted and approved in advance of testing.

Reschedule Policy 4


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 If you wish to reschedule your exam, you must contact Pearson VUE at least 48 hours prior to your scheduled testing appointment. Rescheduling less than 48 hours prior to your testing appointment will result in removal from consideration in the hiring process. Please note that rescheduling alternatives are limited to the testing time frame or testing window in which you have been provided. Rescheduling outside of this testing window is not permitted.

If you reschedule your testing appointment with less than the required 48-hour notice, you will be considered a no-show and removed from consideration in the hiring process. You will have to wait 6 months from your most recent missed scheduled testing appointment date to be able to attempt to take the UDEE again. Note that you will have to reapply to the position and submit a new application packet when there is an open vacancy announcement posted.

Cancellation Policy

If you wish to cancel your exam, you must contact Pearson VUE at least 48 hours prior to your scheduled testing appointment. Cancelling an exam less than 48 hours prior to your testing appointment or missing your exam will result in removal from consideration in the hiring process.

If you cancel your scheduled testing appointment with less than the required 48-hour notice, you will be considered a no-show and removed from consideration in the hiring process. You will have to wait six (6) months from the most recent missed scheduled testing appointment date to be able to attempt to take the UDEE again. Note that you will have to reapply to the position and submit a new application packet when there is an open vacancy announcement posted.

UDEE Administrations at Military Sites or Government Facilities

Some applicants will take the UDEE at a military post or other government facility. A Secret Service representative will provide you with the details you will need concerning your test location and scheduling. There may be differences in the mode of administration. For example, you might complete a paper-based form of the UDEE in a classroom setting. The test content will be the same regardless of the administration location or mode. 5


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6


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Author:Federico Borromeo

Works

 * Acta Ecclesiae Mediolanensis (1599)
 * Archiepiscopalis fori Sanctae Mediolanensis Ecclesiae taxae (1624)
 * De vita contemplativa, sive de valetudine ascetica libri duo (1630)
 * De christianae mentis iucunditate libri tres (1632)
 * De sacris nostrorum temporum oratoribus libri quinque (1632)
 * De concionante episcopo libri tres (1632)
 * Il libro intitulato la gratia de' principi (1632)
 * I tre libri delle laudi divine (1632)
 * Meditamenta litteraria (1633)
 * I tre libri della vita della venerabile madre suor Caterina Vannini sanese monaca convertita, 3 ed. (1756) [1618]

title: Author:Federico Borromeo


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Author:Hans Theodor Woldsen Storm

Works

 * Immensee (1849)
 * In St. Jürgen (1868)

Works About Storm

 * 1911 Encyclopædia Britannica/Storm, Theodor Woldsen (1911)

title: Author:Hans Theodor Woldsen Storm


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Crennan J

The plaintiffs accepted that the right to use a registered trade mark did not carry with it any immunity in relation to other legal obligations such as those in respect of passing off or copyright infringement or consumer protection.

The Commonwealth admitted that the property which the plaintiffs claimed under the Trade Marks Act (and other intellectual property legislation) was property for the purposes of s 51(xxxi). A sound basis for those admissions can be found in the authorities.

However, in referring to the scope of s 21 of the Trade Marks Act, the Commonwealth (supported by Queensland, intervening) advanced a proposition that the imposition of new restrictions on registered owners of trade marks under the Packaging Act takes nothing from the rights and interests granted to a registered owner under the Trade Marks Act, and that therefore no property is taken for the purposes of s 51(xxxi). This led senior counsel for the plaintiffs in the BAT proceedings to describe the Commonwealth's admission in relation to the Trade Marks Act as illusory. It is convenient to say something briefly about the rights and interests of an owner of a registered trade mark.

It was recognised by Windeyer J in Colbeam Palmer that the negative right of a registered owner of a trade mark to restrain infringement had its origin in the equitable jurisdiction to protect a form of property in a trade mark gained by use and reputation, a jurisdiction which was exercised before trade marks were recognised by statute. In every reiteration of trade marks legislation in Australia, it has been provided, in substance, that any equities in respect of a trade mark may be enforced in the same way as equities in respect of other


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 and that they are reëstablished in innocence, because Christ has redeemed them; consequently it becomes necessary to invent an imaginary innocence and holiness, and such visible instruments for the communication of sanctity as will make it possible to assure all men without exception that, no matter how bad they may be, they are none the less holy. And it is precisely this that is invented.

But for the rearing of this artificial building, the imaginary redemption, the teaching about grace is not sufficient: there is needed a new link in this chain of deception. And so, in Art. 197, there is an exposition of that very method of self-deception by means of which men, doing good deeds, cannot regard their deeds as good, if they do not observe certain conditions established for the purpose, and unrighteous and not innocent men may in fulfilling those conditions regard themselves as reestablished, holy. This self-deception is based on the conception of faith, which is introduced into the book now for the first time, and which is understood in an intentionally most mixed up manner. What is said is that faith is the first condition on the part of man for his sanctification and salvation. A most tangled definition of faith is given: its tendency is to substitute for the idea of faith an action which is in the power of each man, and the conclusion is drawn that he who believes that he is becoming sanctified and reestablished in complete sanctity and innocence, that he alone is actually reestablished in complete sanctity and innocence. But, if one believes that he is holy, and there is no other means for ascertaining his sanctity but the faith in his sanctity, it is impossible to assert that he is actually holy, though he may unquestionably regard himself as such. If an insane man believes that he has a tower on his nose, there can be no doubt about his actually imagining that there is a tower on his nose, but no one will think of asserting that there is really a tower


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Crennan J

personal property. In the earlier iterations this provision was coupled with a provision concerning a registered owner's right to assign a trade mark.

There is no such thing as a trade mark in gross. At common law a trade mark could not be assigned except with the goodwill of the business in respect of which it was used, because it was feared that to do otherwise would engender deception and confusion. The Trade Marks Act 1905 (Cth) adopted the same restriction in respect of registered trade marks. At that time, and subsequently, it was further thought that the licensing of a trade mark would inevitably invalidate the registration of a trade mark for the reason that licensing would cause deception and confusion. Accordingly, there was no analogue in the Trade Marks Act 1905 to the authorised user provisions in the Trade Marks Act.

Following legislation in the United Kingdom, both of these restrictions were relaxed under the Trade Marks Act 1948 (Cth), which relaxation continued under the Trade Marks Act 1955 (Cth). The changes fundamentally affected the nature of a trade mark, which was previously thought inseparable from the business of origin and associated goodwill. Once the changes were made, the value of a trade mark included its power to attract consideration for an assignment without goodwill and, more importantly for present purposes, its power to attract royalties.

Use of a trade mark is authorised only to the extent that the use is "under the control of the owner". Insufficient control by a licensor over the use of a trade mark might expose the registered owner to rectification or removal proceedings, for which reason a licensor will usually impose conditions as to


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 the figure and vehicle selected for its communication. And here we may notice that other point about which the disciples inquired, namely. When shall be "the end of the world?" This phrase in their language did not mean that wreck of the physical creation which it signifies in ours. This may be plain from the circumstance of the Apostle saying, "now once in the end of the world hath Christ ap peared." Here it is certain that "the end of the world" did not mean what the terms are commonly understood to signify; but the termination of a period in the history of the Church, or the consummation of the age. If, then, this fact be connected with what has been indicated respecting the temple, we shall at once perceive the relation of each point to the other. Thus the destruction of the temple referred to the termination of the internal life of the Church; and the end of the world to the consummation of those external things, by which the Church was represented among mankind. These, it seems to us, were the events involved in the disciples' inquiries, and to which the Lord's discourse is the recorded answer.

The chapter is generally considered as a double prophecy, which means that it treats of two events under one description. Thus that the literal form of it refers to a display of the Divine power, together with the judgment and destruction brought upon Jerusalem and Judea, when those parts were invaded by Titus, the Roman general, about forty years after the prediction was delivered; and, that "the end of the world "' denotes the termination of the Jewish economy. The fulfilment of the predictions, so far as they related to the calamities which befel the Jewish people, is considered to be complete. The history of the Jewish wars, by Josephus (who, though living near the time


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 of the Lord's ministration in the world, does not appear to have known anything of His person or predictions), is generally viewed as an historical testimony to this fulfilment; and, indeed, to be an undesigned commentary in which the prophetical narrative is wonderfully illustrated. Some have thought that the calamities endured by the Jews at that time included all that the prophecy intended, and thence infer "the second advent of the Lord Jesus Christ to be a past event." This, however, is not a view of the subject commonly accepted, and, therefore, we shall not attempt its refutation; nor is it our purpose to dwell upon those points of Jewish history in which the prophecy may have received some external fulfilment. No doubt the Lord, in His answer to the disciples inquiry, did refer to that terrible invasion by which the Jewish policy was subverted and overthrown; but we feel assured that that was not the primary object of His teaching in the discourse before us. This, indeed, is no uncommon idea respecting it; for, as it has been said, the narrative is popularly accepted as containing a description of two events, so similar in their general character as to admit of being described in the same words, and thus affording a very special instance of that which Biblical students have designated double prophecy. On this, however, we need not dwell, since it would divert attention, from our more serious point.

The view generally supposed to lie behind the literal, or historical, interpretation to which we have adverted is, that the Lord Jesus Christ will make a second personal advent into the natural world; that He will appear in the clouds with remarkable attendants and phenomena; that every eye will see Him, even those who pierced


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 Him; that He will gather His elect from the four winds, from one end of heaven to the other; judge and bless them; and that He will cut asunder the faithless, and appoint them their portion with the hypocrites, where there shall be weeping and gnashing of teeth. It is supposed that the material world will be the scene of those events, and the phrase "end of the world" is interpreted to mean the dissolution of the universe and all that it contains. Some, indeed, do not think this latter catastrophe will follow immediately after the other purposes of His advent are completed, because they suppose that the Lord will reign a thousand years upon the earth. These are called millenarians. Christians in general have been so long accustomed to receive the above views as the correct interpretation of the Lord's teachings, that we shall not wonder if any should be startled when their accuracy is called in question. The influence of traditional opinions on theological subjects is not always favourable to the clearest sight or to the greatest freedom; and any difficulties surrounding them, which reason may discover, are summarily disposed of by the assertion that they are holy mysteries to be implicitly received in faith. But there is a class of minds rising up in all the Churches by which this course is felt to be unsatisfactory and distasteful. The common course is to assume, that "the Fathers" have done for us all the requisite thinking on those important subjects, and that our duty is simply to accept as a finality that on which they have decided. Thus prejudices have been formed, inquiry has been hindered, and progressive thought has been brought to a stand-still. With this we confess we have no sympathy. We do not think that teachers in past ages of the Church have extracted from the Word all that it is


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 important for us to know; nor can we believe that the treasures of its spiritual instruction will ever be exhausted. The Word is God in His revelation; and, not only will the prospect of its wonderful contents become wider as the mind of society advances, but the mistakes of our predecessors concerning it will be relinquished as piety becomes enlightened.

It is very manifest that the last judgment and the second coming of the Lord are events in the Divine Providence, described in a figurative style. This is a characteristic of all prophecy. But the doctrines commonly held upon those subjects, as indicated above, are founded upon what is supposed to be the literal sense of the predictions. The natural world is contemplated as the scene of those marvellous occurrences. The Lord coming as the Son of man, is not distinguished from His coming as the Son of God; and His coming into the natural world is insisted upon as an event referred to in the narrative, notwithstanding the many instances recorded in the Scriptures (of which we shall speak hereafter) in which a Divine coming is predicted, and in the fulfilment of which no personal appearance was displayed. The wars, pestilences, famines, and earthquakes, which are spoken of as the direct precursors of such an advent, are interpreted to mean physical calamities; but of these there have been a great many instances during the history of the Christian Church, and yet none have been immediately followed by the expected coming. Surely these facts are calculated to suggest some doubts as to the soundness of such interpretations. False prophets have risen up and deceived many, iniquity has abounded, and the love of many has waxed cold, and still the expected advent has been delayed. May not, then, the calamities predicted refer more directly to the tribulations of men's