experience to direct the implementation and administra-
tion of the functions for which they are responsible. 
(d) FUNCTIONS.—Each Assistant Administrator and 
the Director referred to in subsection (a), under the au-
thority, direction, and control of the Under Secretary, 
shall perform such functions and exercise such powers as 
the Under Secretary may prescribe. 
SEC. 9. CONTINUATION OF SERVICE. 
Any individual serving on the date of the enactment 
of this Act in a position provided for in this Act may con-
tinue to serve in that position until a successor is ap-
pointed under this Act. 
SEC. 10. SCIENCE ADVISORY BOARD. 
(a) IN GENERAL.—There shall be in the Administra-
tion a Science Advisory Board, which shall report to the 
Under Secretary. 
(b) PURPOSE.—The purpose of the Science Advisory 
Board is to advise the Under Secretary on long-range and 
short-range strategies for research, education, and appli-
cation of science to resource management and environ-
mental assessment and prediction. 
(c) MEMBERS.—
(1) IN GENERAL.—The Science Advisory Board 
shall consist of members appointed by the Under 
Secretary to assure a balanced representation among
preeminent scientists, engineers, educators, industry, 
and science policy experts reflecting the full breadth 
of the Administration’s areas of responsibility. 
(2) CRITERIA
FOR
SELECTION.—The Under 
Secretary shall develop and apply standard criteria 
for the selection of members of the Science Advisory 
Board. 
(3) TERMS.—(A) Members of the Science Advi-
sory Board shall be appointed for a 3-year term, 
may be reappointed once, and shall serve at the dis-
cretion of the Under Secretary. 
(B) An individual serving a term as a member 
of the Science Advisory Board on the date of enact-
ment of this section may complete that term, and 
may be reappointed once for another term of 3 
years. 
(4) COMPENSATION AND EXPENSES.—A mem-
ber of the Science Advisory Board shall not be com-
pensated for service on such board, but upon request 
by the member may be allowed travel expenses, in-
cluding per diem in lieu of subsistence, in accord-
ance with subchapter I of chapter 57 of title 5, 
United States Code. 
(5) ETHICAL
STANDARDS.—Members of the 
Science Advisory Board shall be subject to the eth-
ical standards applicable to special Government em-
ployees. 
(d) CHAIRPERSON.—The Under Secretary shall des-
ignate one of the members of the Science Advisory Board 
as the Chairperson of such board. 
(e) MEETINGS.—The Science Advisory Board shall 
meet at least twice each year, and at other times at the 
call of the Under Secretary or the Chairperson. 
(f) ADMINISTRATIVE SUPPORT.—The Under Sec-
retary shall provide administrative support to the Science 
Advisory Board. 
SEC. 11. GENERAL AUTHORITIES. 
(a) 
GRANTS, 
CONTRACTS, 
AND
COOPERATIVE 
AGREEMENTS.—In carrying out the programs and activi-
ties authorized for the Administration, the Secretary—
(1) may enter into grants, contracts, or cooper-
ative agreements with Federal agencies, States, local
governments, regional agencies, interstate agencies, 
or other persons; and 
(2) through the Administration, may apply for, 
accept, and use grants or funds from such entities.
(b) RESOURCE SHARING AGREEMENTS.—The Sec-
retary, in carrying out the functions of the Administra-
tion, and under terms and conditions established by the 
Secretary—
(1) may enter into resource sharing agreements 
with States, local governments, or Federal agencies 
to accept or provide for funds and the use of per-
sonnel, services, equipment, or facilities on a reim-
bursable, nonreimbursable, or shared basis; and 
(2) may enter into resource sharing agreements 
with other Federal agencies to accept, or provide, 
personnel, services, equipment, facilities, or funds, or 
participate in interagency financing with other Fed-
eral agencies, to the extent necessary to fulfill the 
objectives of programs or activities of the Adminis-
tration. 
(c) JOINT
AND COOPERATIVE INSTITUTES.—The 
Secretary may establish, by cooperative agreement, joint 
or cooperative institutes with qualified colleges, univer-
sities, and nonprofit research organizations for the pur-
pose of collaborating on mutually agreed-upon, long-term 
research programs in the areas of oceanography, coastal 
ocean observing technology, climate change, atmosphere, 
meteorology, marine, coastal and estuarine environmental 
technology, fisheries, hydrography, and marine spill re-
sponse. The Secretary shall design such research pro-
grams to support the authorized functions of the Adminis-
tration. The Secretary may accept or provide facilities, 
personnel, equipment, other property, knowledge, and
other scientific research resources and funds on a reim-
bursable or nonreimbursable basis, as determined by the 
Secretary, for such institutes. 
SEC. 12. PROGRAM SUPPORT. 
(a) CORPORATE SERVICES.—There are authorized to 
be appropriated to the Secretary of Commerce, to enable 
the National Oceanic and Atmospheric Administration to 
provide corporate services (including management, admin-
istrative support, and policy development) that support its 
program activities, $95,000,000 for each of fiscal years 
2004 through 2008. 
(b) MARINE OPERATIONS
AND MAINTENANCE.—
There are authorized to be appropriated to the Secretary 
of Commerce, to enable the National Oceanic and Atmos-
pheric Administration to carry out marine services activi-
ties (including ship operations, maintenance, support and 
planning) under the Act of 1947 and any other law involv-
ing those activities, $90,000,000 for each of fiscal years 
2004 through 2008. 
(c) FACILITIES.—In addition to amounts authorized 
under section 3 of Public Law 104–91, there are author-
ized to the Secretary of Commerce, to enable the National 
Oceanic and Atmospheric Administration to carry out ac-
tivities related to maintenance, repair, safety, environ-
mental compliance, and project planning and execution of
facilities, $20,000,000 for each of fiscal years 2004 
through 2008.
SEC. 13. NOAA FLEET REPLACEMENT AND MODERNIZA-
TION. 
(a) IN GENERAL.—Section 603 of the NOAA Fleet 
Modernization Act (33 U.S.C. 891a) is amended to read 
as follows: 
‘‘SEC. 603. FLEET REPLACEMENT AND MODERNIZATION 
PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary may implement a 
program to replace and modernize the NOAA fleet in ac-
cordance with a plan submitted in accordance with section 
604. 
‘‘(b) NOAA VESSEL CONSTRUCTION.—
‘‘(1) PROHIBITION
ON
FOREIGN
CONSTRUC-
TION.—Except as provided in paragraph (2), no 
NOAA vessel, and no major component of the hull
or superstructure of a NOAA vessel, may be con-
structed in a foreign shipyard. 
‘‘(2) EXCEPTIONS.—The President may author-
ize an exception to the prohibition in paragraph (1) 
if the President determines that it is in the national 
security interest of the United States to do so. The 
President shall transmit notice to the Congress of 
any such determination. No contract may be made
pursuant to such an exception until the end of the 
30-day period beginning on the date the notice of 
such determination is received by the Congress.’’.
(b) FLEET MODERNIZATION PLAN.—Section 604 of 
the NOAA Fleet Modernization Act (33 U.S.C. 891b) is 
amended to read as follows: 
‘‘SEC. 604. FLEET MODERNIZATION PLAN. 
‘‘(a) IN GENERAL.—No later than 30 days after the 
date of the enactment of the National Oceanic and Atmos-
pheric Administration Act of 2003, the Secretary shall 
submit to the Committee on Resources and the Committee 
on Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a modernization plan for the NOAA fleet covering 
fiscal years 2004 through 2008. 
‘‘(b) PLAN ELEMENTS.—The Plan required under 
subsection (a) shall include the following: 
‘‘(1) The number of vessels proposed to be 
modernized or replaced, the schedule for their mod-
ernization or replacement, and anticipated funding 
requirements for such modernization and replace-
ment. 
‘‘(2) The number of vessels proposed to be con-
structed, leased, or chartered.
‘‘(3) The number of vessels, or days at sea, that 
can be obtained by using the vessels of the UNOLS. 
‘‘(4) The number of vessels that will be made 
available to NOAA by the Secretary of the Navy, or 
any other Federal official, and the terms and condi-
tions for their availability. 
‘‘(5) The proposed acquisition of modern sci-
entific instrumentation for the NOAA fleet, includ-
ing—
‘‘(A) acoustic systems; 
‘‘(B) data transmission positioning and 
communications systems; 
‘‘(C) physical, chemical, and meteorological 
oceanographic systems; and 
‘‘(D) data acquisition and processing sys-
tems.’’. 
(c) USE OF UNOLS VESSELS.—Section 605 of the 
NOAA Fleet Modernization Act (33 U.S.C. 891c) is 
amended to read as follows: 
‘‘SEC. 605. USE OF VESSELS. 
‘‘In carrying out the primary missions of NOAA 
under section 3(b) of the National Oceanic and Atmos-
pheric Administration Act of 2003, the Secretary—
‘‘(1) shall use excess capacity of UNOLS ves-
sels where appropriate; and
‘‘(2) may enter into memoranda of agreement 
with the operators of those vessels to carry out the 
requirement under paragraph (1).’’. 
(d) REPEALS.—Sections 607, 608, 609 and 610 of 
the NOAA Fleet Modernization Act (33 U.S.C. 891e–
891h) are repealed.
SEC. 14. CONFORMING AMENDMENTS AND REPEALS. 
(a) PAY RATE OF DEPUTY UNDER SECRETARY.—
Section 5315 of title 5, United States Code, is amended 
by adding at the end the following: 
‘‘Deputy Under Secretary of Commerce for 
Oceans and Atmosphere.’’. 
(b) REORGANIZATION PLAN NUMBER 4 OF 1970.—
(1) REPEAL.—Reorganization Plan Number 4 
of 1970 (5 App. U.S.C.) is repealed. 
(2) RELATIONSHIP TO ADMINISTRATION FUNC-
TIONS.—Subparagraph (A) shall not affect the func-
tions of the Administration under section 3(d) of 
this Act. 
(3) NOTICE OF REPROGRAMMING.—Section 403 
of Public Law 102–567 (106 Stat. 4291) is amend-
ed by striking ‘‘$250,000 or 5’’ and inserting 
‘‘$500,000 or 10’’.
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