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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing American Families 
Effectively (SAFE) Act''.

                          TITLE I--IMMIGRATION

SEC. 101. VISAS.

    (a) Student.--No citizens from a country which is one the State 
Department's list of governments which have sponsored terrorism or on 
the State Department's list of governments which have been less than 
fully cooperative in anti-terrorism efforts shall be granted a visa 
permitting study in the United States.
    (b) Diversity Immigrant Program.--No citizen from a country on the 
State Department's list of governments which have sponsored terrorism 
or on the State Department's list of governments which have been less 
than fully cooperative in anti-terrorism efforts may be issued an 
immigrant visa under section 203(c) of the Immigration and Nationality 
Act (8 U.S.C. 1153(c)) (governing the diversity immigrant program).

             TITLE II--DATA SHARING; INTELLIGENCE GATHERING

SEC. 201. REQUIRING SHARING BY THE FEDERAL BUREAU OF INVESTIGATION OF 
              CERTAIN CRIMINAL RECORD EXTRACTS WITH OTHER FEDERAL 
              AGENCIES IN ORDER TO ENHANCE BORDER SECURITY.

    (a) In General.--Section 105 of the Immigration and Nationality Act 
(8 U.S.C. 1105), is amended--
            (1) in the section heading, by adding ``and data exchange'' 
        at the end;
            (2) by inserting ``(a) Liaison With Internal Security 
        Officers.--'' after ``105.'';
            (3) by striking ``the internal security of'' and inserting 
        ``the internal and border security of''; and
            (4) by adding at the end the following:
    ``(b) Criminal History Record Information.--The Attorney General 
and the Director of the Federal Bureau of Investigation shall provide 
the Secretary of State and the Commissioner access to the criminal 
history record information contained in the National Crime Information 
Center's Interstate Identification Index, Wanted Persons File, and to 
any other files maintained by the National Crime Information Center 
that may be mutually agreed upon by the Attorney General and the 
official to be provided access, for the purpose of determining whether 
a visa applicant or applicant for admission has a criminal history 
record indexed in any such file. Such access shall be provided by means 
of extracts of the records for placement in the Department of State's 
automated visa lookout database or other appropriate database, and 
shall be provided without any fee or charge. The Director of the 
Federal Bureau of Investigation shall provide periodic updates of the 
extracts at intervals mutually agreed upon by the Attorney General and 
the official provided access. Upon receipt of such updated extracts, 
the receiving official shall make corresponding updates to the 
official's databases and destroy previously provided extracts. Such 
access to any extract shall not be construed to entitle the Secretary 
of State to obtain the full content of the corresponding automated 
criminal history record. To obtain the full content of a criminal 
history record, the Secretary of State shall submit the applicant's 
fingerprints and any appropriate fingerprint processing fee authorized 
by law to the Criminal Justice Information Services Division of the 
Federal Bureau of Investigation.
    ``(c) Reconsideration.--The provision of the extracts described in 
subsection (b) may be reconsidered by the Attorney General and the 
receiving official upon the development and deployment of a more cost-
effective and efficient means of sharing the information.
    ``(d) Regulations.--For purposes of administering this section, the 
Secretary of State shall, prior to receiving access to National Crime 
Information Center data, promulgate final regulations--
            ``(1) to implement procedures for the taking of 
        fingerprints; and
            ``(2) to establish the conditions for the use of the 
        information received from the Federal Bureau of Investigation, 
        in order--
                    ``(A) to limit the redissemination of such 
                information;
                    ``(B) to ensure that such information is used 
                solely to determine whether to issue a visa to an 
                individual;
                    ``(C) to ensure the security, confidentiality, and 
                destruction of such information; and
                    ``(D) to protect any privacy rights of individuals 
                who are subjects of such information.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act is amended by amending the item relating to section 
105 to read as follows:

``Sec. 105. Liaison with internal security officers and data 
                            exchange.''.
    (c) Effective Date and Implementation.--The amendments made by this 
section shall take effect on the date of the enactment of this Act and 
shall be fully implemented not later than 18 months after such date.
    (d) Reporting Requirement.--Not later than 2 years after the date 
of the enactment of this Act, the Attorney General and the Secretary of 
State, jointly, shall report to the Congress on the implementation of 
the amendments made by this section.
    (e) Construction.--Nothing in this section, or in any other law, 
shall be construed to limit the authority of the Attorney General or 
the Director of the Federal Bureau of Investigation to provide access 
to the criminal history record information contained in the National 
Crime Information Center's Interstate Identification Index, or to any 
other information maintained by such center, to any Federal agency or 
officer authorized to enforce or administer the immigration laws of the 
United States, for the purpose of such enforcement or administration, 
upon terms that are consistent with sections 212 through 216 of the 
National Crime Prevention and Privacy Compact Act of 1998 (42 U.S.C. 
14611 et seq.).

SEC. 202. AUTHORIZED DISCLOSURE.

    Section 2510(7) of title 18, United States Code, is amended by 
inserting ``, and (for purposes only of section 2517 as it relates to 
foreign intelligence information) any Federal law enforcement, 
intelligence, national security, national defense, protective, 
immigration personnel, or the President or Vice President of the United 
States'' after ``such offenses''.

SEC. 203. PERIOD OF ORDERS OF ELECTRONIC SURVEILLANCE OF NON-UNITED 
              STATES PERSONS UNDER FOREIGN INTELLIGENCE SURVEILLANCE.

    (a) Including Agents of a Foreign Power.--(1) Section 105(e)(1) of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1805(e)(1)) is amended by inserting ``or an agent of a foreign power, 
as defined in section 101(b)(1)(A),'' after ``or (3),''.
    (2) Section 304(d)(1) of such Act (50 U.S.C. 1824(d)(1)) is amended 
by inserting ``or an agent of a foreign power, as defined in section 
101(b)(1)(A),'' after ``101(a),''.
    (b) Period of Order.--Such section 304(d)(1) is further amended by 
striking ``forty-five'' and inserting ``90''.

            TITLE III--EXPANSION OF FBI LINGUISTIC CAPACITY

SEC. 301. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OF 
              INVESTIGATION.

    (a) Authority.--The Director of the Federal Bureau of Investigation 
is authorized to expedite the employment of personnel as translators to 
support counterterrorism investigations and operations without regard 
to applicable Federal personnel requirements and limitations.
    (b) Security Requirements.--The Director of the Federal Bureau of 
Investigation shall establish such security requirements as are 
necessary for the personnel employed as translators.
    (c) Report.--The Attorney General shall report to the Committees on 
the Judiciary of the House of Representatives and the Senate on--
            (1) the number of translators employed by the FBI and other 
        components of the Department of Justice;
            (2) any legal or practical impediments to using translators 
        employed by other Federal State, or local agencies, on a full, 
        part-time, or shared basis; and
            (3) the needs of the FBI for specific translation services 
        in certain languages, and recommendations for meeting those 
        needs.

                       TITLE IV--CRIMINAL JUSTICE

SEC. 401. STATUTE OF LIMITATION FOR PROSECUTING TERRORISM OFFENSES.

    (a) In General.--Section 3286 of title 18, United States Code, is 
amended to read as follows:
``Sec. 3286. Terrorism offenses
    ``(a) An indictment may be found or an information instituted at 
any time without limitation for any Federal terrorism offense or any of 
the following offenses:
            ``(1) A violation of, or an attempt or conspiracy to 
        violate, section 32 (relating to destruction of aircraft or 
        aircraft facilities), 37(a)(1) (relating to violence at 
        international airports), 175 (relating to biological weapons), 
        229 (relating to chemical weapons), 351(a)-(d) (relating to 
        congressional, cabinet, and Supreme Court assassination and 
        kidnaping), 792 (relating to harboring terrorists), 831 
        (relating to nuclear materials), 844(f) or (i) when it relates 
        to bombing (relating to arson and bombing of certain property), 
        1114(1) (relating to protection of officers and employees of 
        the United States), 1116, if the offense involves murder 
        (relating to murder or manslaughter of foreign officials, 
        official guests, or internationally protected persons), 1203 
        (relating to hostage taking), 1751(a)-(d) (relating to 
        Presidential and Presidential staff assassination and 
        kidnaping), 2332(a)(1) (relating to certain homicides and other 
        violence against United States nationals occurring outside of 
        the United States), 2332a (relating to use of weapons of mass 
        destruction), 2332b (relating to acts of terrorism transcending 
        national boundaries) of this title.
            ``(2) Section 236 (relating to sabotage of nuclear 
        facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 
        2284);
            ``(3) Section 601 (relating to disclosure of identities of 
        covert agents) of the National Security Act of 1947 (50 U.S.C. 
        421).
            ``(4) Section 46502 (relating to aircraft piracy) of title 
        49.
    ``(b) An indictment may be found or an information instituted 
within 15 years after the offense was committed for any of the 
following offenses:
            ``(1) Section 175b (relating to biological weapons), 842(m) 
        or (n) (relating to plastic explosives), 930(c) if it involves 
        murder (relating to possessing a dangerous weapon in a Federal 
        facility), 956 (relating to conspiracy to injure property of a 
        foreign government), 1030(a)(1), 1030(a)(5)(A), or 1030(a)(7) 
        (relating to protection of computers), 1362 (relating to 
        destruction of communication lines, stations, or systems), 1366 
        (relating to destruction of an energy facility), 1992 (relating 
        to trainwrecking), 2152 (relating to injury of fortifications, 
        harbor defenses, or defensive sea areas), 2155 (relating to 
        destruction of national defense materials, premises, or 
        utilities), 2156 (relating to production of defective national 
        defense materials, premises, or utilities), 2280 (relating to 
        violence against maritime navigation), 2281 (relating to 
        violence against maritime fixed platforms), 2339A (relating to 
        providing material support to terrorists), 2339B (relating to 
        providing material support to terrorist organizations), or 
        2340A (relating to torture).
            ``(2) Any of the following provisions of title 49: the 
        second sentence of section 46504 (relating to assault on a 
        flight crew with a dangerous weapon), section 46505(b)(3), 
        (relating to explosive or incendiary devices, or endangerment 
        of human life by means of weapons, on aircraft), section 46506 
        if homicide or attempted homicide is involved, or section 
        60123(b) (relating to destruction of interstate gas or 
        hazardous liquid pipeline facility) of title 49.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 213 of title 18, United States Code, is amended by amending the 
item relating to section 3286 to read as follows:

``3286. Terrorism offenses.''.
    (c) Application.--The amendments made by this section shall apply 
to the prosecution of any offense committed before, on, or after the 
date of enactment of this section.

SEC. 402. ALTERNATIVE MAXIMUM PENALTIES FOR TERRORISM CRIMES.

    Section 3559 of title 18, United States Code, is amended by adding 
after subsection (d) the following:
    ``(e) Authorized Terms of Imprisonment for Terrorism Crimes.--A 
person convicted of any Federal terrorism offense may be sentenced to 
imprisonment for any term of years or for life, notwithstanding any 
maximum term of imprisonment specified in the law describing the 
offense. The authorization of imprisonment under this subsection is 
supplementary to, and does not limit, the availability of any other 
penalty authorized by the law describing the offense, including the 
death penalty, and does not limit the applicability of any mandatory 
minimum term of imprisonment, including any mandatory life term, 
provided by the law describing the offense.''.

SEC. 403. PENALTIES FOR TERRORIST CONSPIRACIES.

    Chapter 113B of title 18, United States Code, is amended--
            (1) by inserting after section 2332b the following:
``Sec. 2332c. Attempts and conspiracies
    ``(a) Except as provided in subsection (c), any person who attempts 
or conspires to commit any Federal terrorism offense shall be subject 
to the same penalties as those prescribed for the offense, the 
commission of which was the object of the attempt or conspiracy.
    ``(b) Except as provided in subsection (c), any person who attempts 
or conspires to commit any offense described in section 25(2) shall be 
subject to the same penalties as those prescribed for the offense, the 
commission of which was the object of the attempt or conspiracy.
    ``(c) A death penalty may not be imposed by operation of this 
section.''; and
            (2) in the table of sections at the beginning of the 
        chapter, by inserting after the item relating to section 2332b 
        the following new item:

``2332c. Attempts and conspiracies.''.

                        TITLE V--PROBABLE CAUSE

SEC. 501. PROBABLE CAUSE.

    Notwithstanding any other provision of law or regulation probable 
cause shall be the maximum standard for authorizing an investigation, 
or issuing a search warrant, related to investigations of suspected 
terrorists.
Securing American Families Effectively (SAFE) Act - Prohibits the granting of a visa permitting study in the United States, or the issuance of an immigration visa under the diversity immigrant program, to citizens from a country which is on the State Department's list of governments which have sponsored terrorism or which have been less than fully cooperative in anti-terrorism efforts.Amends the Immigration and Nationality Act to require the Attorney General and the Director of the Federal Bureau of Investigation (FBI) to provide the Secretary of State and the Commissioner of the Immigration and Naturalization Service access to criminal history record information.Increases: (1) the scope of persons authorized to disclose and use intercepted communications relating to foreign intelligence information; and (2) the period of electronic surveillance orders for non-U.S. persons under the Foreign Intelligence Surveillance Act of 1978.Authorizes: (1) the FBI Director to expedite the employment of translators; (2) an indictment at any time without limitation for any Federal terrorism offense; and (3) alternative maximum penalties for terrorism crimes.Provides that any person who attempts or conspires to commit any Federal terrorism offense shall be subject to the same penalties as prescribed for the terrorism offense, with exceptions.Makes probable cause the maximum standard for authorizing an investigation, or issuing a search warrant related to an investigation, of suspected terrorists.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Oceanic and Atmospheric 
Administration Act of 2003''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        National Oceanic and Atmospheric Administration.
            (2) Function.--The term ``function'' includes any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program.
            (3) Office.--The term ``office'' includes any office, 
        institute, council, unit, organizational entity, or component 
        thereof.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (5) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Commerce for Oceans and Atmosphere 
        appointed under section 102.

SEC. 3. ORGANIZATION OF ADMINISTRATION.

    (a) In General.--There shall be in the Department of Commerce an 
agency known as the National Oceanic and Atmospheric Administration.
    (b) Primary Missions.--The primary missions of the Administration 
are the following:
            (1) The provision and certification of hydrographic and 
        geodetic products and data.
            (2) The conservation and management of the Nation's coastal 
        and marine resources.
            (3) The exploration of the oceans and the Great Lakes.
            (4) To further human understanding of--
                    (A) the oceans and the Great Lakes;
                    (B) the earth's atmosphere; and
                    (C) the functional relationship of the oceans and 
                the atmosphere.
            (5) Forecasting the Nation's weather and climate.
    (c) Components.--The Secretary shall maintain within the 
Administration the following components:
            (1) The National Coast and Ocean Service.
            (2) The National Oceanic and Atmospheric Research Service.
            (3) The National Marine Fisheries Service.
            (4) The National Weather Service.
            (5) The National Environmental Satellite and Data 
        Information Service.
            (6) The Office of Marine and Aviation Operations.
            (7) Such other components as the Secretary considers 
        necessary.
    (d) Functions.--The Administration shall perform such functions as 
were vested in the Administration or any officer, employee, or office 
of the Administration immediately before the enactment of this Act, 
except as may be provided otherwise by law or by a redelegation of 
authority after that date by the President, the Secretary of Commerce, 
or any other officer of the United States who delegated such function 
to the Administration before that date or who is otherwise authorized 
to make such a redelegation.

SEC. 4. UNDER SECRETARY FOR OCEANS AND ATMOSPHERE.

    (a) In General.--There shall be at the head of the Administration 
the Under Secretary of Commerce for Oceans and Atmosphere. The Under 
Secretary shall be appointed by the President, by and with the advice 
and consent of the Senate. The Under Secretary shall be paid at the 
rate of basic pay for level III of the Executive Schedule.
    (b) Functions.--Subject to the authority, direction, and control of 
the Secretary, the Under Secretary shall perform such functions and 
exercise such powers with respect to the Administration as the 
Secretary may prescribe, including the following:
            (1) Serve as the Administrator of the National Oceanic and 
        Atmospheric Administration.
            (2) General management.
            (3) Policy development and guidance.
            (4) Budget formulation, guidance, and execution, and other 
        financial matters.
            (5) Resource requirements determination and allocation.
            (6) Program management and direction.
            (7) Environment, safety, and health operations.
            (8) Administration of contracts, real property, and 
        facilities.
            (9) Personnel, including the selection, appointment, 
        distribution, supervision, compensation, and separation of 
        personnel.
            (10) Procurement of services of experts and consultants in 
        accordance with section 3109 of title 5, United States Code.
            (11) External affairs, including legal, legislative, and 
        public affairs, and serving as liaison with other elements of 
        the Department of Commerce and with other Federal agencies, 
        State, tribal, and local governments, and the public.

SEC. 5. ASSISTANT SECRETARY FOR OCEANS AND ATMOSPHERE.

    (a) In General.--There shall be in the Administration an Assistant 
Secretary of Commerce for Oceans and Atmosphere. The Assistant 
Secretary shall be appointed by the President, by and with the advice 
and consent of the Senate. The Assistant Secretary shall be paid at the 
rate of basic pay for level IV of the Executive Schedule.
    (b) Functions.--The Assistant Secretary--
            (1) shall perform such functions and exercise such powers 
        as the Secretary or Under Secretary may prescribe; and
            (2) shall act as Under Secretary during the absence or 
        disability of the Under Secretary or in the event of a vacancy 
        in the office of Under Secretary.

SEC. 6. DEPUTY UNDER SECRETARY.

    (a) In General.--There shall be in the Administration a Deputy 
Under Secretary for Oceans and Atmosphere. The Deputy Under Secretary 
shall be appointed by the Secretary. The position of Deputy Under 
Secretary shall be a Senior Executive Service general position as 
defined in section 3132(a)(9) of title 5, United States Code, (for 
purposes of subchapter II of chapter 31 of title 5, United States 
Code).
    (b) Functions.--Subject to the authority, direction, and control of 
the Secretary and the Under Secretary, the Deputy Under Secretary--
            (1) shall serve as an advisor to the Under Secretary and to 
        the Assistant Secretary on all program and policy issues;
            (2) shall be responsible for ensuring the timely and 
        effective implementation of the Administration policies and 
        objectives; and
            (3) in the absence or disability of the Under Secretary or 
        Assistant Secretary, or in the event of a vacancy in either 
        such position, shall act in that position.

SEC. 7. GENERAL COUNSEL.

    (a) In General.--There shall be in the Administration a General 
Counsel. The General Counsel shall be appointed by the Secretary. The 
position of General Counsel shall be a Senior Executive Service general 
position as defined in section 3132(a)(9) of title 5, United States 
Code, (for purposes of subchapter II of chapter 31 of title 5, United 
States Code).
    (b) Functions.--Subject to the authority, direction, and control of 
the Secretary and the Under Secretary, the General Counsel--
            (1) shall serve as the chief legal officer of the 
        Administration for all legal matters that arise in connection 
        with the conduct of the functions of the Administration; and
            (2) shall perform such other functions and exercise such 
        powers as the Secretary or Under Secretary may prescribe.

SEC. 8. ASSISTANT ADMINISTRATORS.

    (a) In General.--There shall be in the Administration the 
following:
            (1) An Assistant Administrator for Coastal and Ocean 
        Services.
            (2) An Assistant Administrator for Oceanic and Atmospheric 
        Research.
            (3) An Assistant Administrator for Fisheries.
            (4) An Assistant Administrator for Weather.
            (5) An Assistant Administrator for Environmental Satellite 
        Data and Information.
            (6) An Assistant Administrator for Program Planning and 
        Integration.
            (7) A Director of Marine and Aviation Operations and the 
        Commissioned Officer Corps.
    (b) Appointment.--Each Assistant Administrator and the Director 
referred to in subsection (a) shall be appointed by the Secretary. Each 
Assistant Administrator position shall be a Senior Executive Service 
general position as defined in section 3132(a)(9) of title 5, United 
States Code (for purposes of subchapter II of chapter 31 of title 5, 
United States Code).
    (c) Qualifications.--Each Assistant Administrator and the Director 
referred to in subsection (a) shall be an individual who is qualified 
by reason of background and experience to direct the implementation and 
administration of the functions for which they are responsible.
    (d) Functions.--Each Assistant Administrator and the Director 
referred to in subsection (a), under the authority, 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 continue to serve in that 
position until a successor is appointed under this Act.

SEC. 10. SCIENCE ADVISORY BOARD.

    (a) In General.--There shall be in the Administration 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 application of science to resource management 
and environmental 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 Advisory Board shall 
        be appointed for a 3-year term, may be reappointed once, and 
        shall serve at the discretion of the Under Secretary.
            (B) An individual serving a term as a member of the Science 
        Advisory Board on the date of enactment of this section may 
        complete that term, and may be reappointed once for another 
        term of 3 years.
            (4) Compensation and expenses.--A member of the Science 
        Advisory Board shall not be compensated for service on such 
        board, but upon request by the member may be allowed travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance 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 ethical standards applicable to 
        special Government employees.
    (d) Chairperson.--The Under Secretary shall designate 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 Secretary 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 activities authorized for the Administration, the 
Secretary--
            (1) may enter into grants, contracts, or cooperative 
        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 Secretary, in carrying out 
the functions of the Administration, 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 personnel, services, equipment, or 
        facilities on a reimbursable, 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 Federal agencies, to the extent necessary 
        to fulfill the objectives of programs or activities of the 
        Administration.
    (c) Joint and Cooperative Institutes.--The Secretary may establish, 
by cooperative agreement, joint or cooperative institutes with 
qualified colleges, universities, and nonprofit research organizations 
for the purpose 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 response. The Secretary shall design such research 
programs to support the authorized functions of the Administration. The 
Secretary may accept or provide facilities, personnel, equipment, other 
property, knowledge, and other scientific research resources and funds 
on a reimbursable 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, administrative 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 Atmospheric Administration to carry out marine services 
activities (including ship operations, maintenance, support and 
planning) under the Act of 1947 and any other law involving 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 authorized to the Secretary of 
Commerce, to enable the National Oceanic and Atmospheric Administration 
to carry out activities related to maintenance, repair, safety, 
environmental 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 MODERNIZATION.

    (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 accordance with a plan submitted in 
accordance with section 604.
    ``(b) NOAA Vessel Construction.--
            ``(1) Prohibition on foreign construction.--Except as 
        provided in paragraph (2), no NOAA vessel, and no major 
        component of the hull  or superstructure of a NOAA vessel, may 
be constructed in a foreign shipyard.
            ``(2) Exceptions.--The President may authorize 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 Atmospheric 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 Committee 
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 modernization or replacement, 
        and anticipated funding requirements for such modernization and 
        replacement.
            ``(2) The number of vessels proposed to be constructed, 
        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 conditions for their availability.
            ``(5) The proposed acquisition of modern scientific 
        instrumentation for the NOAA fleet, including--
                    ``(A) acoustic systems;
                    ``(B) data transmission positioning and 
                communications systems;
                    ``(C) physical, chemical, and meteorological 
                oceanographic systems; and
                    ``(D) data acquisition and processing systems.''.
    (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 Atmospheric Administration Act of 2003, the 
Secretary--
            ``(1) shall use excess capacity of UNOLS vessels 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 functions.--Subparagraph 
        (A) shall not affect the functions 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 amended by striking ``$250,000 or 
        5'' and inserting ``$500,000 or 10''.
National Oceanic and Atmospheric Administration Act of 2003 - Re-establishes the National Oceanic and Atmospheric Administration (NOAA) in the Department of Commerce, headed by the Under Secretary of Commerce for Oceans and Atmosphere who will serve as the Administrator of NOAA.Establishes within NOAA: (1) the National Coast (sic) and Ocean Service; (2) the National Oceanic and Atmospheric Research Service; (3) the National Marine Fisheries Service; (4) the National Weather Service; (5) the National Environmental Satellite and Data Information Service; (6) the Office of Marine and Aviation Operations; and (7) such other components as the Secretary considers necessary.Establishes within NOAA the positions of: (1) Assistant Secretary of Commerce for Oceans and Atmosphere; (2) Deputy Under Secretary for Oceans and Atmosphere; (3) General Counsel; and (4) Assistant Administrators for the Services and a Director of Marine and Aviation Operations and the Commissioned Officer Corps.Establishes within NOAA a Science Advisory Board.Authorizes the Secretary to: (1) enter into grants, contracts, or cooperative agreements with agencies, States, local governments, or other persons and apply for, accept, and use grants or funds from such entities; (2) enter into resource sharing agreements with States, local governments, or Federal agencies; and (3) establish joint or cooperative institutes with qualified entities.Amends the NOAA Fleet Modernization Act to authorize the Secretary to implement a program to replace and modernize the NOAA fleet. Requires the Secretary to submit to Congress a modernization plan for the NOAA fleet covering FY 2004 through 2008.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Guard Amendments of 1993''.

SEC. 2. REVISION OF NATIONAL GUARD BUREAU CHARTER.

    (a) In General.--(1) Subtitle A of title 10, United States Code, is 
amended by inserting after chapter 11 the following new chapter:

                  ``CHAPTER 12--NATIONAL GUARD BUREAU

``291. National Guard Bureau.
``292. Chief of the National Guard Bureau: appointment; principal 
                            adviser on National Guard matters; grade.
``293. Chief of the National Guard Bureau: functions; annual report.
``294. Vice Chief of the National Guard Bureau.
``295. Other senior National Guard Bureau officers.
``296. Assignment of officers: joint duty assignment.
``297. Definition.
``Sec. 291. National Guard Bureau
    ``(a) National Guard Bureau.--There is in the Department of Defense 
the National Guard Bureau, which is a joint bureau of the Department of 
the Army and the Department of the Air Force.
    ``(b) Purposes.--The National Guard Bureau is the supervisory and 
operating agency of the Department of Defense for the Army National 
Guard of the United States and the Air National Guard of the United 
States. The Bureau is also the channel of communications between (1) 
the Department of the Army, Department of the Air Force, and other 
components of the Department of Defense, and (2) the several States, on 
all matters pertaining to the National Guard, the Army National Guard 
of the United States, and the Air National Guard of the United States.
``Sec. 292. Chief of the National Guard Bureau: appointment; adviser on 
              National Guard matters; grade
    ``(a) Appointment.--There is a Chief of the National Guard Bureau, 
who is responsible for the organization and operations of the National 
Guard Bureau. The Chief of the National Guard Bureau is appointed by 
the President, by and with the advice and consent of the Senate. Such 
appointment shall be made from officers of the Army National Guard of 
the United States or officers of the Air National Guard of the United 
States who--
            ``(1) are recommended for such appointment by their 
        respective Governors or, in the case of the District of 
        Columbia, the commanding general of the District of Columbia 
        National Guard;
            ``(2) have had at least 10 years of federally recognized 
        commissioned service in an active status in the National Guard; 
        and
            ``(3) are in a grade above the grade of brigadier general.
    ``(b) Term of Office.--An officer appointed as Chief of the 
National Guard Bureau serves for a term of four years, but may be 
removed for cause at any time. An officer may not hold that office 
after becoming 64 years of age. An officer may be reappointed as Chief 
of the National Guard Bureau.
    ``(c) Adviser on National Guard Matters.--(1) The Chief of the 
National Guard Bureau is the principal adviser to the Secretary of the 
Army and the Chief of Staff of the Army, and to the Secretary of the 
Air Force and the Chief of Staff of the Air Force, on matters relating 
to the Army National Guard of the United States and the Air National 
Guard of the United States.
    ``(2) The Chief of the National Guard Bureau is an adviser to the 
Secretary of Defense and the Chairman of the Joint Chiefs of Staff on 
matters relating to the Army National Guard of the United States and 
the Air National Guard of the United States.
    ``(d) Grade.--The Chief of the National Guard Bureau shall be 
appointed to serve in a grade above major general.
``Sec. 293. Chief, National Guard Bureau: functions; annual report
    ``(a) Functions.--Subject to the authority, direction, and control 
of the Secretary of Defense, the Secretary of the Army, and the 
Secretary of the Air Force, the Chief of the National Guard Bureau is 
responsible for the following:
            ``(1) Allocating unit structure, strength authorizations, 
        and other resources to the Army National Guard of the United 
        States and the Air National Guard of the United States.
            ``(2) Determining and directing the training requirements 
        of the Army National Guard and the Air National Guard and the 
        allocation of Federal funds for the training of the Army 
        National Guard and the Air National Guard.
            ``(3) Ensuring that units and members of the Army National 
        Guard and the Air National Guard are trained by the States in 
        accordance with approved programs and policies of, and guidance 
        from, the Chief, the Secretary of the Army, and the Secretary 
        of the Air Force.
            ``(4) Assisting the States in the organization, 
        maintenance, and operation of National Guard units so as to 
        provide well-trained and well-equipped units capable of 
        augmenting the active forces in time of war or national 
        emergency.
            ``(5) Planning and administering the budget for the Army 
        National Guard of the United States and the Air National Guard 
        of the United States.
            ``(6) Supervising the acquisition, supply, maintenance, and 
        accountability of Federal property issued to the National Guard 
        through the property and fiscal officers designated, detailed, 
        or appointed under section 708 of title 32.
            ``(7) Granting and withdrawing, in accordance with 
        applicable laws and regulations, Federal recognition of (A) 
        National Guard units, and (B) officers of the National Guard.
            ``(8) Establishing policies and programs for the employment 
        and use of National Guard technicians under section 709 of 
        title 32.
            ``(9) Supervising and administering the Active Guard and 
        Reserve program as it pertains to the Army National Guard and 
        the Air National Guard.
            ``(10) Prescribing the forfeiture of Federal funds and 
        other aid, benefit, or privilege pursuant to section 108 of 
        title 32.
            ``(11) Issuing directives, regulations, and publications 
        consistent with approved policies of the Army and Air Force, as 
        appropriate.
            ``(12) Facilitating and supporting the training of members 
        and units of the National Guard to meet State requirements.
            ``(13) Appointing and administering civilian personnel 
        necessary to perform the functions of the National Guard 
        Bureau.
            ``(14) Performing such other functions as may be prescribed 
        by the Secretary of Defense, the Secretary of the Army, or the 
        Secretary of the Air Force.
    ``(b) Annual Report.--Not later than 90 days after the end of each 
fiscal year, the Chief of the National Guard Bureau shall submit to 
Congress a report on the state of readiness of the National Guard and 
its ability to meet its missions. The report may be submitted in 
classified and unclassified versions.
``Sec. 294. Vice Chief of the National Guard Bureau
    ``(a) Appointment.--(1) There is a Vice Chief of the National Guard 
Bureau, selected by the Secretary of Defense from officers of the Army 
National Guard of the United States or the Air National Guard of the 
United States who--
            ``(A) are recommended for such appointment by their 
        respective Governors or, in the case of the District of 
        Columbia, the commanding general of the District of Columbia 
        National Guard;
            ``(B) have had at least 10 years of federally recognized 
        commissioned service in an active status in the National Guard; 
        and
            ``(C) are in a grade above the grade of colonel.
    ``(2) The Chief and Vice Chief of the National Guard Bureau may not 
both be members of the Army or of the Air Force.
    ``(3)(A) Except as provided in subparagraph (B), an officer 
appointed as Vice Chief of the National Guard Bureau serves for a term 
of four years, but may be removed from office at any time for cause.
    ``(B) The term of the Vice Chief of the National Guard Bureau shall 
end upon the appointment of a Chief of the National Guard Bureau who is 
a member of the same armed force as the Vice Chief.
    ``(4) The Secretary of Defense may waive the restrictions in 
paragraph (2) and the provisions of paragraph (3)(B) for a limited 
period of time to provide for the orderly transition of officers 
appointed to serve in the positions of Chief and Vice Chief.
    ``(b) Duties.--The Vice Chief of the National Guard Bureau performs 
such duties as may be prescribed by the Chief of the National Guard 
Bureau.
    ``(c) Grade.--The Vice Chief of the National Guard Bureau shall be 
appointed to serve in a grade above brigadier general.
    ``(d) Functions as Acting Chief.--When there is a vacancy in the 
office of the Chief of the National Guard Bureau or in the absence or 
disability of the Chief, the Vice Chief of the National Guard Bureau 
acts as Chief and performs the duties of the Chief until a successor is 
appointed or the absence or disability ceases.
    ``(e) Succession After Chief and Vice Chief.--When there is a 
vacancy in the offices of both Chief and Vice Chief of the National 
Guard Bureau or in the absence or disability of both the Chief and Vice 
Chief of the National Guard Bureau, or when there is a vacancy in one 
such office and in the absence or disability of the officer holding the 
other, the senior officer of the Army National Guard of the United 
States or the Air National Guard of the United States on duty with the 
National Guard Bureau shall perform the duties of the Chief until a 
successor to the Chief or Vice Chief is appointed or the absence or 
disability of the Chief or Vice Chief ceases, as the case may be.
``Sec. 295. Other senior National Guard Bureau officers
    ``(a) Additional General Officers.--(1) In addition to the Chief 
and Vice Chief of the National Guard Bureau, there shall be assigned to 
the National Guard Bureau--
            ``(A) two general officers selected by the Secretary of the 
        Army from officers of the Army National Guard of the United 
        States who have been nominated by their respective Governors 
        or, in the case of the District of Columbia, the commanding 
        general of the District of Columbia National Guard, the senior 
        of whom while so serving shall hold the grade of major general; 
        and
            ``(B) two general officers selected by the Secretary of the 
        Air Force from officers of the Air National Guard of the United 
        States who have been nominated by their respective Governors 
        or, in the case of the District of Columbia, the commanding 
        general of the District of Columbia National Guard, the senior 
        of whom while so serving shall hold the grade of major general.
    ``(2) The officers so selected shall assist the Chief of the 
National Guard Bureau in carrying out the functions of the National 
Guard Bureau as they relate to their respective branches.
    ``(b) Other Officers.--There are in the National Guard Bureau a 
general counsel, a comptroller, and an inspector general, each of whom 
shall be appointed by the Chief of the National Guard Bureau. They 
shall perform such duties as the Chief may prescribe.
``Sec. 296. Assignment of officers: joint duty assignment
    ``Under such regulations as the Secretary of Defense may prescribe, 
a duty assignment to the Office of the Chief of the National Guard 
Bureau shall be considered a joint duty assignment for the purposes of 
section 668, of this title.''.
``Sec. 297. Definition
    ``In this chapter, the term `State' includes the District of 
Columbia, the Commonwealth of Puerto Rico, and Guam and the Virgin 
Islands.''.
    (2) The table of chapters at the beginning of subtitle A of title 
10, United States Code, and at the beginning of part I of such 
subtitle, are each amended by inserting after the item relating to 
chapter 11 the following:

 ``12.  National Guard Bureau                                    291''.
    (b) Conforming Repeal.--(1) Section 3040 of title 10, United States 
Code, is repealed.
    (2) The table of sections at the beginning of chapter 305 of such 
title is amended by striking out the item relating to section 3040.
    (c) Other Conforming Amendments.--(1) Sections 3079 and 8079 of 
such title are each amended by inserting before the period at the end 
the following: ``, under the guidance and supervision of the National 
Guard Bureau''.
    (2) The text of section 108 of title 32, United States Code, is 
amended to read as follows:
    ``If, within a time fixed by the President, a State fails to comply 
with a requirement of this title, or a regulation prescribed under this 
title, the National Guard of that State shall be barred in whole or in 
part, as the President may prescribe, from receiving money or other 
aid, benefits, or privileges authorized by law. The President shall 
administer this section through the Chief of the National Guard 
Bureau.''.

SEC. 3. RESERVE COMPONENT GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.

    (a) Authorized Strength of General and Flag Officers on Active 
Duty.--Section 526 of title 10, United States Code, is amended by 
adding at the end the following new subsection:
    ``(d) Reserve component general and flag officers serving in the 
National Guard Bureau, the Office of a Chief of a reserve component, or 
the headquarters of a reserve component command are in addition to the 
numbers authorized for the armed forces under subsections (a) and (b) 
in numbers as follows:


                                                                        
                                                                        
                                                                        
    Army National Guard of the United                                   
     States................................  4 general officers.        
    Army Reserve...........................  4 general officers.        
    Naval Reserve..........................  3 flag officers.           
    Marine Corps Reserve...................  1 general officer.         
    Air National Guard of the United States  4 general officers.        
    Air Force Reserve......................  3 general officers.        
    Two positions to be filled by a Guard                               
     or Reserve officer: Military Executive                             
     to the Reserve Forces Policy Board and                             
     Assistant to the Chairman of the Joint                             
     Chiefs of Staff.......................  2 general or flag officers.
                                                                        

    ``(e) The limitation of this section does not apply to a reserve 
general or flag officer who is not on the active list.''.
    (b) Conforming Amendment.--Paragraphs (1) through (4) of section 
526(a) of such title are amended to read as follows:
            ``(1) For the Army, 378 before October 1, 1995, and 294 on 
        and after that date.
            ``(2) For the Navy, 247 before October 1, 1995, and 213 on 
        and after that date.
            ``(3) For the Air Force, 319 before October 1, 1995, and 
        272 on and after that date.
            ``(4) For the Marine Corps, 67 before October 1, 1995, and 
        60 on and after that date.''.

SEC. 4. DEFINITION OF ACTIVE GUARD AND RESERVE DUTY.

    Section 101(d) of title 10, United States Code, is amended by 
adding at the end thereof the following:
            ``(7)(A) The term `active Guard and Reserve duty' means 
        active duty or full-time National Guard duty performed by a 
        member of a reserve component or of the National Guard pursuant 
        to an order to active duty or full-time National Guard duty for 
        a period of more than 180 consecutive days for the purpose of 
        organizing, administering, recruiting, instructing, or training 
        the reserve components or the National Guard.
            ``(B) Such term does not include--
                    ``(i) duty performed as a member of the Reserve 
                Forces Policy Board provided for under section 175 of 
                this title;
                    ``(ii) duty performed as a property and fiscal 
                officer under section 708 of title 32; or
                    ``(iii) service as a State director of the 
                Selective Service System under section 10(b)(2) of the 
                Military Selective Service Act (50 U.S.C. App. 
                460(b)(2)).''.

National Guard Amendments of 1993 - Establishes in the Department of Defense (DOD) the National Guard Bureau as a joint bureau of the Departments of the Army and Air Force.  Makes the Bureau the supervisory and operating agency of DOD for the Army and Air National Guard.  Provides for the appointment in the Bureau of a Chief and Vice Chief.  Considers an assignment to the Bureau a joint duty assignment. 
Provides the authorized strengths of reserve general and flag officers serving on active duty in the Bureau, the Office of a Chief of a reserve component, or the headquarters of a reserve component command.