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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Early Education Employee Benefit Act 
of 2002''.

SEC. 2. AUTHORITY TO MAKE GRANTS.

    The Secretary of Health and Human Services may make grants on a 
competitive basis, and payable during a period of not less than 2 years 
and not more than 5 years, to eligible States and political 
subdivisions of States--
            (1) to establish innovative partnerships with private 
        partners to reduce the cost incurred by employees and union 
        members to obtain early education (including child care, 
        preschool, and other early childhood programs), or
            (2) to assist private partners to pay part of the cost of 
        acquiring, building, and renovating physical premises to be 
        used as new early education facilities.

SEC. 3. ELIGIBILITY OF STATES AND POLITICAL SUBDIVISIONS OF STATES TO 
              RECEIVE GRANTS.

    To be eligible to receive a grant under section 2, a State or a 
political subdivision of a State shall submit to the Secretary an 
application at such time, in such form, and containing such information 
as the Secretary may require by rule, including--
            (1) the agency designated by the State, or the political 
        subdivision of a State, to serve as the lead agency that will 
        administer such grant,
            (2) a description of the program such applicant intends to 
        carry out with such grant,
            (3) a description of the source, and increasing annual 
        amount, of the funds such applicant will use to pay the non-
        Federal share of the cost to carry out such program during a 
        period not less than 2 years and not more than 5 years, and
            (4) an agreement that such State or such political 
        subdivision--
                    (A) will contribute (from non-Federal funds) to 
                carry out such program, an amount equal to 50 percent 
                of the amount of such grant,
                    (B) will not require a private partner to offer on-
                site early education as a condition for participation 
                in an Early Education Benefit Agreement, and
                    (C) will use such grant to supplement, not 
                supplant, spending by such State, such political 
                subdivision, and private partners to improve access to 
                and enhance the quality of early education.

SEC. 4. SELECTION OF APPLICANTS TO RECEIVE GRANTS.

    In making grants under this Act, the Secretary shall give priority 
to eligible applicants that--
            (1) are, in the judgment of the Secretary, most likely to 
        increase the number of employees and members who receive an 
        Early Education Benefit through their employers and unions,
            (2) propose innovative public-private partnerships that 
        will carry out early education programs that are likely to be 
        replicated,
            (3) are likely to be sustainable beyond the period during 
        which such grant is expended,
            (4) are developed in consultation with child care resource 
        and referral agencies and networks, and with employers and 
        unions,
            (5) demonstrate the intention and ability to provide--
                    (A) with funds to be expended for the use described 
                in section 5(1), Early Education Benefits through Early 
                Education Benefit Agreements to a significant number of 
                employees of private employers with fewer than 50 
                employees, or
                    (B) with funds to be expended for the use described 
                in section 5(2), Early Education Start-up Grants to 
                private employers with fewer than 50 employees, and
                    (6) have experience working on early childhood 
                issues and working in partnership with the business 
                community, or have an agreement to implement the 
                program funded by a grant made under section 2 through 
                a nonprofit entity with such experience.

SEC. 5. USES OF FUNDS.

    A recipient of a grant made under section 2 shall use such grant--
            (1) to enter into Early Education Benefit Agreements to 
        provide Early Education Benefits, or
            (2) to provide funds to private partners to establish new 
        early education facilities,
except that not more than 5 percent of such grant may be used to pay 
administrative costs incurred by such recipient to carry out this Act, 
including providing outreach to private partners.

SEC. 6. EARLY EDUCATION BENEFIT AGREEMENTS.

    (a) Eligibility.--To be eligible to receive funds to be used for 
the purpose specified in section 5(1) from a grant made under section 
2, a private partner, or consortia of private partners, shall enter 
into an Early Education Benefit Agreement with the recipient of such 
grant that includes the following:
            (1) An assurance that such private partner, or such 
        consortia, will pay not less than--
                    (A) \1/3\ of the cost of such Early Education 
                Benefit, or
                    (B) \1/5\ of such cost if such private partner, or 
                such consortia, creates a new early education facility 
                that--
                            (i) serves children less than 2 years of 
                        age or children with disabilities, or
                            (ii) is available during nontraditional 
                        work hours.
            (2) An assurance that such private partner, or such 
        consortia, shall offer such Early Education Benefit on a 
        priority basis to such employees or such members who have lower 
        incomes if such Early Education Benefit is not offered to all 
        such employees or all such members.
            (3) An assurance that if such private partner, or such 
        consortia, requires that such Early Education Benefit received 
        by an employee or member be expended at a limited number of 
        sites where early education (including child care, preschool, 
        and other early childhood programs) is provided, then 
there shall be at least 1 provider of early education (including child 
care, preschool, and other early childhood programs) for which such 
Early Education Benefit may be expended, that is--
                    (A) located at or near the residence or place of 
                employment of such employee or such member, and
                    (B) accredited by the National Association for the 
                Education of Young Children or the National Association 
                for Family Child Care, or taking steps to obtain such 
                accreditation.
            (4) An assurance that early education paid for in whole or 
        in part by such Early Education Benefit will be provided by a 
        provider that is licensed or regulated by the State.
            (5) A detailed description of--
                    (i) the nature of the Early Education Benefit to be 
                provided,
                    (ii) the respective financial contributions of such 
                private partner, or such consortia, and such grant 
                recipient, and the procedures by which such 
                contributions will be made,
                    (iii) the number of employees or members expected 
                to receive the Early Education Benefit provided under 
                such Agreement, and
                    (iv) the estimated total cost of such Benefit to 
                such private partner (or such consortia), such grant 
                recipient, and such employees or such members.
    (b) Selection of Private Partners To Enter Into Early Education 
Benefit Agreements.--In selecting private partners with which to enter 
into Early Education Benefit Agreements, a recipient of a grant made 
under section 2 shall give priority to--
            (1) private partners that will make larger financial 
        contributions to the Early Education Benefit,
            (2) private partners with fewer employees or members,
            (3) private partners that will make an Early Education 
        Benefit available to employees and members on a sliding scale 
        inversely proportional to their level of earned income, and
            (4) private partners that have a history of personnel 
        policies and practices that enable their employees or their 
        members to balance work commitments with family obligations.

SEC. 7. EARLY EDUCATION START-UP GRANTS.

    (a) Eligibility To Receive Funds.--To be eligible to receive funds 
for the use specified in section 5(2) from a grant made under section 
2, a private partner shall agree--
            (1) to subsidize attendance at the proposed new early 
        education facility for children of lower-paid employees or 
        members, and
            (2) to pay not less than \1/3\ of the cost of acquiring, 
        building, and renovating physical premises to be used as such 
        facility.
    (b) Selection of Private Partners To Receive Funds.--In providing 
funds to private partners from a grant received for the use specified 
in section 5(2), a recipient of a grant made under section 2 shall give 
priority to--
            (1) private partners that will create a facility to provide 
        early education that--
                    (A) serves children less than 2 years of age or 
                children with disabilities, or
                    (B) is available during nontraditional hours during 
                which their parents are employed,
            (2) private partners that will operate such a facility that 
        is accredited, has a low ratio of children to adults, or 
        demonstrates other facts that show such facility offers an 
        early education program of high quality,
            (3) private partners that will pay with nongovernmental 
        funds a larger share of the cost of the use for which the Early 
        Education Start-up Grant funds will be expended,
            (4) private partners that have fewer employees or members, 
        and
            (5) private partners that have a history of personnel 
        policies and practices that enable their employees or members 
        to balance work commitments with family obligations.

SEC. 8. REPORTS.

    (a) Reports by Grantees.--The Secretary shall issue rules that 
require each recipient of a grant made under section 2 to submit 
annually to the Secretary a report that includes the following 
information for the fiscal year for which such report is submitted:
            (1) The number of Early Education Benefit Agreements 
        participated in and Start-Up Grants made.
            (2) Information about the private partners, including the 
        industry of which they are a part and their size.
            (3) Information about the number of employees who are both 
        offered and are receiving Early Education Benefits as a result 
        of such grant,including the number and average incomes of 
        employees who are receiving Early Education Benefits and the 
        number of employees who were offered and declined Early 
        Education Benefits.
            (4) Information about the amount of private spending on 
        Early Education Benefits and on the investment in new early 
        education facilities leveraged by the grants.
            (5) If appropriate and available, information about whether 
        and at what level private partners have continued to provide 
        Early Education Benefits after the conclusion of the grantee's 
        participation in an Early Education Benefit Agreement.
    (b) Reports by the Secretary.--The Secretary shall submit to the 
Congress biennially a report that includes the following information 
for the period of 2 fiscal years for which such report is submitted:
            (1) Summaries of the reports received under subsection (a) 
        by the Secretary for such period.
            (2) A description of the implementation of this Act, and 
        its impact on employees' access to early education programs for 
        their children, during such period.

SEC. 9. DEFINITIONS.

    For purposes of this Act:
            (1) Child.--The term ``child'' means an individual who is 
        less that 6 years of age.
            (2) Early Education Benefit.--The term ``Early Education 
        Benefit'' means assistance, in cash or in kind, to pay any part 
        of the cost incurred by employees and union members to obtain 
        early education (including child care, preschool, and other 
        early childhood programs) for their children.
            (3) Early Education Benefit Agreement.--The term ``Early 
        Education Benefit Agreement'' means a contract under which a 
        recipient of a grant under section 2 and a private partner that 
        receives from such recipient funds provided for the use 
        described in section 5(1) agree to provide jointly an Early 
        Education Benefit for children of the members or employees of 
        such private partner.
            (4) Private Partner.--The term ``private partner'' means a 
        private employer, labor union, and consortia of employers or 
        labor unions.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as may be necessary for fiscal years 2003 through 2007.
Early Education Employee Benefit Act of 2002 - Authorizes the Secretary of Health and Human Services (HHS) to make competitive matching grants to States and local governments to: (1) enter Early Education Benefit Agreements with private partners to provide part of the cost of Early Education Benefits, which reduce costs incurred by employees and union members to obtain early education (including child care, preschool, and other early childhood programs); or (2) make Early Education Start-Up Grants to assist private partners to pay part of the cost of acquiring, building, and renovating physical premises to be used as new early education facilities, if such partners subsidize attendance at those facilities for children of lower-paid employees or union members.

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 ``Flood Loss Mitigation Act of 2001''.

SEC. 2. MITIGATION FOR AND PURCHASE OF CERTAIN REPETITIVE LOSS 
              STRUCTURES.

    The National Flood Insurance Act of 1968 is amended by inserting 
after section 1361 (42 U.S.C. 4102) the following new section:

  ``mitigation for and purchase of certain repetitive loss structures

    ``Sec. 1362. (a) Authority.--To the extent amounts are made 
available for use under this section, the Director may, subject to the 
limitations of this section--
            ``(1) carry out mitigation activities that reduce flood 
        damages to qualified repetitive loss structures (as such term 
        is defined in subsection (e)); and
            ``(2) purchase qualified repetitive loss structures, but 
        only for public or open space use that is consistent with sound 
        land management and use policies.
    ``(b) Limitations.--The Director shall establish limitations on the 
use of amounts made available under this section for mitigation and 
purchase of structures, which shall--
            ``(1) be designed to encourage owners of structures to 
        maintain participation in the national flood insurance program; 
        and
            ``(2) include limitations that prohibit use of such amounts 
        for mitigation or purchase of any qualified repetitive loss 
        structure if--
                    ``(A) as a result of such action, the owner of the 
                structure will not be able to purchase a replacement 
                residence;
                    ``(B) any of the flooding that resulted in 
                designation of the structure as a qualified repetitive 
                loss structure was a result (in whole or in part) of 
                third party development;
                    ``(C) such action will interfere with, impair, or 
                disrupt the preservation or maintenance of historically 
                or architecturally significant properties or areas or 
                identifiable neighborhoods or areas of cultural 
                cohesiveness;
                    ``(D) in purchasing the structure, the owner relied 
                upon flood insurance rate maps of the Federal Emergency 
                Management Agency that were current at the time and did 
                not indicate that the property was located in an area 
                having special flood hazards; or
                    ``(E) the Director otherwise determines, in the 
                discretion of the Director, that amounts under this 
                section should not be used for mitigation or purchase 
                of such structure.
    ``(c) Priority for Worst-Case Properties.--In determining the 
properties for which to take action under this section, the Director 
shall give priority to qualified repetitive loss structures on the 
basis of the amount of losses to the National Flood Insurance Fund that 
such structures have caused or will cause.
    ``(d) Borrowing.--
            ``(1) Issuance of obligations.--Subject to the provisions 
        of this subsection, the Director may issue and sell such notes 
        or other obligations to the Secretary of the Treasury as the 
        Director determines are necessary to provide funds to carry out 
        this section.
            ``(2) Terms and conditions.--Obligations under this 
        subsection shall be issued in the forms and denominations, 
        bearing the maturities, and subject to the terms and conditions 
        that the Secretary of the Treasury may prescribe.
            ``(3) Notification to congress.--At least 25 days before 
        the issuance or sale of a note or other obligation under 
        paragraph (1), the Director shall notify, in writing, the 
        Senate and the House of Representatives of the intention of 
        such issuance or sale and the dollar amount of such notes or 
        obligations.
            ``(4) Purchase of obligations.--The Secretary of the 
        Treasury shall purchase any obligations issued under this 
        subsection. For such purpose, the Secretary of the Treasury may 
        use as a public debt transaction the proceeds from the sale of 
        any securities issued under chapter 31 of title 31. The 
        purposes for which securities may be issued under such chapter 
        are extended to include any purchase of obligations issued 
        under this subsection.
            ``(5) Limitation on amount.--The Secretary of the Treasury 
        may not at any time purchase any obligations under this 
        subsection if the purchase would increase the aggregate 
        principal amount of the outstanding holdings of obligations 
        under this subsection by the Secretary to an amount greater 
        than $300,000,000.
            ``(6) Resale authority.--The Secretary of the Treasury may 
        sell any obligations issued under this subsection at the times 
        and prices and upon the terms and conditions that the Secretary 
        of the Treasury shall determine.
            ``(7) Treatment.--All purchases, redemptions, and sales of 
        obligations under this subsection by the Secretary of the 
        Treasury shall be treated as public debt transactions of the 
        United States.
    ``(e) Qualified Repetitive Loss Structure.--For purposes of this 
section (and sections 1310(g) and 1316(b)), the term `qualified 
repetitive loss structure' means a structure that has incurred such 
flood-related damage as the Director shall, by regulation, provide in 
accordance with the purposes of such sections.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated for costs of activities under this section $100,000,000 
for fiscal year 2002, $75,000,000 for fiscal year 2003, $50,000,000 for 
fiscal year 2004, and $25,000,000 for fiscal year 2005.''.

SEC. 3. TREATMENT OF SAVINGS.

    Section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4017) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (7), by striking ``and'' at the 
                end;
                    (B) in paragraph (8), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(9) for use under subsection (g) of this section.''; and
            (2) by adding at the end the following new subsection:
    ``(g) Use of Mitigation Savings.--
            ``(1) Determination.--For each fiscal year, the Director 
        shall make a determination of the portion of the amounts in the 
        fund that are attributable to savings from mitigation 
        activities and purchases under section 1362 of qualified 
        repetitive loss structures (as such term is defined in 
        subsection (e) of such section).
            ``(2) Use for mitigation.--In each fiscal year, an amount 
        in the fund equal to the amount determined under paragraph (1) 
        of this subsection shall be available (in accordance with 
        subsection (f)) only for mitigation activities for, and 
        purchase of, qualified repetitive loss structures under section 
        1362, except as provided in paragraph (3).
            ``(3) Use for mapping.--After a determination by the 
        Director that 75 percent of the number of qualified repetitive 
        loss structures that existed upon the enactment of the Flood 
        Loss Mitigation Act of 2001 have been provided mitigation that 
        sufficiently reduces the risk of losses from flooding, or have 
        been purchased for public or open space use that is consistent 
        with sound land management and use policies, the Director may 
        use up to 75 percent of the amount reserved in each fiscal year 
        under paragraph (2) of this subsection for costs of mapping 
        activities under section 1360.''.

SEC. 4. INELIGIBILITY FOR NATIONAL FLOOD INSURANCE PROGRAM.

    Section 1316 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4023) is amended--
            (1) by striking the section heading and inserting the 
        following:

          ``prohibition of coverage for certain properties'';

            (2) by inserting ``(a) Properties in Violation of State or 
        Local Law.--'' after ``1316.''; and
            (3) by adding at the end the following new subsections:
    ``(b) Qualified Repetitive Loss Structures.--In the case of a 
qualified repetitive loss structure (as such term is defined in section 
1362(e)) that was the subject of an offer to purchase or to provide 
mitigation activities funded under section 1362 that was refused by the 
owner of the property, the Director may--
            ``(1) deny the provision of any new flood insurance 
        coverage under this title for such property and may cancel any 
        existing coverage for such property; or
            ``(2) notwithstanding section 1308(e) or any other 
        provision of this title, increase the chargeable risk premium 
        rate for any new flood insurance coverage under this title for 
        such property to an amount that is not more than the applicable 
        estimated risk premium rate for the property under section 
        1307(a)(1).
    ``(c) Properties for Which Fraudulent Claims Have Been Made.--The 
Director may deny the provision of any new flood insurance coverage 
under this title, and may cancel any existing coverage, for a property 
if the Director determines that the owner of the property has made 
fraudulent claims for losses to the property under coverage provided 
under this title.
    ``(d) Appeals.--Any owner of a property who is aggrieved by a 
determination of the Director under subsection (b) or (c) may appeal 
such determination by filing, with the Director, a request for an 
appeal within 90 days after receiving notice of such determination. 
Upon receiving the request, the Director shall select, from a list of 
independent third parties compiled by the Director for such purpose, a 
party to hear such appeal. The determination made on appeal by such 
third party shall considered a final determination of the Director for 
purposes of review under chapter 7 of title 5, United States Code.''.

Flood Loss Mitigation Act of 2001 - Amends the National Flood Insurance Act of 1968 to authorize the Director of the Federal Emergency Management Agency to: (1) carry out mitigation activities that reduce flood damages to qualified repetitive loss structures; and (2) purchase such structures, but only for public or open space use that is consistent with sound land management and use policies.Requires the Director to determine for each fiscal year the portion of amounts in the National Flood Insurance Fund attributable to savings from such activities and purchases, which shall be available for such activities and purchases in that fiscal year. Allows the Director, after determining that 75 percent of such existing qualified repetitive loss structures have been provided mitigation that sufficiently reduces the risk of losses from flooding or have been purchased, to use up to 75 percent of the amount reserved for such activities and purchases for the costs of mapping activities.Allows the Director, in cases of such structures whose owners refused purchase or mitigation offers: (1) to deny the provision of new flood insurance coverage and to cancel existing coverage; or (2) to increase the chargeable risk premium rate for new coverage to an amount that is not more than the applicable estimated risk premium rate. Allows the Director to deny or cancel existing coverage for properties for which fraudulent claims have been made. Permits appeals by owners aggrieved by any such determinations.