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Input: Consider Input: SECTION 1. SHORT TITLE.

This Act may be cited as ''The American Horse Slaughter Prevention
Act''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) Horses have played a significant role in the history
and culture of the United States.
(2) Horses in the United States are not raised for food or
fiber.
(3) As a non-food and recreational animal, horses should be
protected from slaughter.
(4) The foreign-owned horse slaughter industry has
slaughtered and exported for human consumption over 3 million
American horses in the last 2 decades.
(5) Approximately 55,000 American horses are slaughtered
for human consumption annually in the United States by foreign-
owned slaughterhouses. Tens of thousands of live horses are
exported from the United States annually for slaughter.
(6) Horses slaughtered in these foreign-owned plants in the
United States have often been hauled several thousand miles
over several days, contrary to acceptable non-slaughter
standards for water, food, and rest.
(7) Many horses shipped to slaughter are young, healthy
animals. Others are old, sick, blind, crippled and in otherwise
poor condition and are unfit to withstand the rigors of long
travel. Horses sent to be slaughtered are often shipped on
crowded double deck trucks designed for shorter necked species
such as pigs, cattle and sheep, and are forced to travel in a
bent position which can result in suffering, injury and death.
(8) Killing of horses by foreign-owned slaughterhouses in
the United States contrasts with the preferable method of
killing by chemical euthanasia.
(9) Horses endure repeated blows to the head with stunning
equipment that often does not render the animals unconscious.
Some horses proceed still conscious through the remaining
stages of slaughter being bled out and dismembered.
(10) Because horses in America are not food animals,
veterinarians commonly prescribe and treat horses with potent
drugs that may reside in the horseflesh and be dangerous when
consumed by humans.
(11) Because of the lack of disclosure on the part of the
agents and dealers for the slaughter plants people's horses are
many times acquired and slaughtered through fraud and
misrepresentation. Slaughter also provides a quick and
evidence-free outlet for stolen horses.
(12) The imposition of a ban on the sale of horseflesh for
human consumption, regardless of its source, is consistent with
the international obligations of the United States because it
applies equally to domestic and foreign producers and avoids
any discrimination among foreign sources of competing products.
Such a ban is also consistent with provisions of international
agreements to which the United States is a party that expressly
allow for measures designed to protect the health and welfare
of animals and to enjoin the use of deceptive trade practices
in international or domestic commerce.

SEC. 3. PURPOSE.

The purpose of this Act is --
(1) to prohibit the slaughter of horses for human
consumption;
(2) to prohibit the sale, possession, and trade of
horseflesh for human consumption;
(3) to prohibit the sale, possession, and trade of live
horses for slaughter for human consumption.

SEC. 4. DEFINITIONS.

For the purposes of this Act, the following definitions apply:
(1) Euthanasia.--The term ''euthanasia'' means to kill an
animal humanely by means that immediately renders the animal
unconscious, with this state remaining until the animal's swift
death.
(2) Export.--The term ''export'' means to take from any
place subject to the jurisdiction of the United States to a
place not subject to such jurisdiction, whether or not the
taking constitutes an exportation within the meaning of the
customs laws of the United States.
(3) Horse.--The term ''horse'' means all members of the
equid family, including horses, ponies, donkeys, mules, asses,
and burros.
(4) Horseflesh.--The term ''horseflesh'' means the flesh of
a dead horse, including the animal's viscera, skin, hair, hide,
hooves, and bones.
(5) Human consumption.--The term ''human consumption''
means ingestion by people as a source of food.
(6) Import.--The term ''import'' means to bring into any
place subject to the jurisdiction of the United States from a
place not subject to such jurisdiction, whether or not the
bringing constitutes an importation within the meaning of the
customs laws of the United States.
(7) Person.--The term ''person'' means--
(A) an individual, corporation, partnership, trust,
association, or other private entity;
(B) an officer, employee, agent, department, or
instrumentality of--
(i) the Federal Government; or
(ii) any State, municipality, or political
subdivision of State; or
(C) any other entity subject to the jurisdiction of
the United States.
(8) Secretary.--The term ''Secretary'' means the Secretary
of Agriculture.
(9) Slaughter.--The term ''slaughter'' means the commercial
slaughter of one or more horses with the intent to sell,
barter, or trade the flesh for human consumption.
(10) State.--The term ''State'' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, the Commonwealth of the Northern Mariana
Islands, American Samoa, and any other territory, or possession
of the United States.
(11) Transport.--The term ''transport'' means to move by
any means, or to receive or load onto a vehicle for the purpose
of movement.
(12) United states.--The term ''United States'' means the
customs territory of the United States, as defined in general
note 2 of the Harmonized Tariff Schedule of the United States.

SEC. 5. PROHIBITED ACTS.

(a) In General.--A person shall not--
(1) slaughter a horse for human consumption;
(2) import into, or export from, the United States
horseflesh for human consumption or live horses intended for
slaughter for human consumption;
(3) sell or barter, offer to sell or barter, purchase,
possess, transport, deliver, or receive horseflesh for human
consumption or live horses intended for slaughter for human
consumption; or
(4) solicit, request, or otherwise knowingly cause any act
prohibited under paragraph (1), (2), or (3).

SEC. 6. PENALTIES AND ENFORCEMENT.

(a) Criminal Penalties.--A person who violates section 5 shall be
fined under title 18, United States Code, imprisoned for not more than
1 year, or both.
(b) Civil Penalties.--
(1) In general.--Any person who violates any provision of
section 5 shall, in addition to any other civil or criminal
penalty that may be imposed under title 18, United States Code,
or any other provision of law, be assessed, by the Secretary, a
civil penalty of not more than $5,000 but not less than $2,500,
and shall have confiscated all horses in that person's physical
or legal possession at the time of arrest, if said horses are
intended for slaughter.
(2) Debarment.--The Secretary shall prohibit a person from
importing, exporting, transporting, trading, or selling horses
in the United States, if the Secretary finds that the person
has engaged in a pattern or practice of actions that has
resulted in a final judicial or administrative determination
with respect to the assessment of criminal or civil penalties
for violations of any provision of this Act
(c) Notice; Hearing.--No monetary penalty may be assessed under
this subsection against a person unless the person is given notice and
opportunity for a hearing with respect to such violation in accordance
with section 554 of title 5, United States Code.
(d) Enforcement.--
(1) Use of personnel.--The Secretary shall enforce this
Act, and may use, by agreement, the personnel, services, and
facilities of any other Federal, State, or local agency for the
purposes of enforcing this Act. For good cause shown, the
Secretary may remit or mitigate any civil penalty.
(2) Execution of process; arrest; search; seizure.--Any
person authorized by the Secretary to enforce this Act may
execute any warrant or process issued by any officer or court
of competent jurisdiction to enforce this Act. Such a person so
authorized may, in addition to any other authority conferred by
law--
(A) with or without warrant or other process,
arrest any person committing in his presence or view a
violation of this Act or the regulations issued
thereunder;
(B) seize the cargo of any truck or other
conveyance used or employed to violate this Act or the
regulations issued hereunder or which reasonably
appears to have been so used or employed; and
(C) seize, whenever and wherever found, all horses
and horseflesh possessed in violation of this Act or
the regulations issued thereunder and dispose of them,
in accordance with this section and regulations
prescribed by the Secretary.
(3) Placement of confiscated horses.--
(A) Temporary placement.--After confiscation of a
live horse pursuant to this Act, the arresting
authorities shall work with animal welfare societies
and animal control departments to ensure the temporary
placement of the horse with an animal rescue facility
that is an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code, while the
person charged with violating this Act is prosecuted.
If placement at such a facility is not possible, the
arresting authorities shall work with animal welfare
societies and animal control departments to temporarily
place the horse with a facility that has as its primary
purpose the humane treatment of animals, or another
suitable location.
(B) Bonds.--
(i) Posting of bond.--The owner of a horse
confiscated pursuant to this Act may prevent
permanent placement of the horse by the
facility that has temporary custody of the
horse by posting a bond with the court in an
amount the court determines is sufficient to
provide for the necessary care and keeping of
the horse for at least 60 days, including the
day on which the horse was taken into custody.
Such bond shall be filed with the court within
10 days after the horse is confiscated. If a
bond is not so posted, the custodial facility
shall determine permanent placement of the
horse in accordance with reasonable practices
for the humane treatment of animals. If the
animal has not yet been returned to the owner
at the end of the time for which expenses are
covered by the bond, and if the owner desires
to prevent permanent placement of the animal by
the custodial facility, the owner shall post a
new bond with the court within ten days
following the prior bond's expiration. If a new
bond is not so posted, the custodial facility
shall determine permanent placement of the
horse in accordance with reasonable practices
for the humane treatment of animals.
(ii) Costs for providing care for horse
deducted from bond.--If a bond has been posted
in accordance with clause (i), the custodial
facility may draw from the bond the actual
reasonable costs incurred by the facility in
providing the necessary care and keeping of the
confiscated horse from the date of the initial
confiscation to the date of final disposition
of the horse in the criminal action charging a
violation of this Act.
(C) Permanent placement.--Any horse confiscated
pursuant to this Act and not returned to the owner
thereafter (except where otherwise provided in
paragraph (4)) shall be placed permanently with an
animal rescue facility or other suitable facility as
described in this section upon--
(i) the conviction of the horse's owner
pursuant to this Act;
(ii) the owner's surrender of the horse;
(iii) the failure of the horse's owner to
post a bond as required in accordance with
subparagraph (B); or
(iv) the Secretary's inability to identify
the owner.
(4) Euthanasia of horses.--
(A) Emergency circumstances.--The Secretary or any
law enforcement individual charged with enforcing this
Act may order or perform the immediate euthanasia of
any horse in the field when such horse is injured
beyond recovery and suffering irreversibly. Methods
used shall be in accordance with the most recent Report
of the American Veterinary Medical Association's Panel
on Euthanasia (2000) and State and local laws and may
include gunshot, but shall not include electrocution or
penetrating captive bolt.
(B) Horses beyond recovery and unplaceable.--The
Secretary or any individual charged with enforcing this
Act may order the euthanasia of any confiscated horse
when injured, disabled, or diseased beyond recovery or
when placement at an animal rescue facility or other
suitable facility, as described in this section, is not
possible within 90 days of any circumstance as
described in section 6(d)(3)(C). An equine or large-
animal veterinarian shall perform the euthanasia rated
''Acceptable'' for horses in the most recent Report of
the American Veterinary Medical Association's Panel on
Euthanasia (2000), but shall not include penetrating
captive bolt, electrocution, gunshot, or other non-
chemical means.
(e) Funding of Animal Rescue Facilities.--
(1) Grants.--To the extent that funds are made available
for this purpose by Acts of appropriation, the Secretary shall
make grants to animal rescue facilities described in this
section that have given adequate assurances to the Secretary
that they are willing to accept horses confiscated pursuant to
this Act.
(2) Penalties, fines, and forfeited property.--Amounts
received as penalties, fines, or forfeited property under this
Act shall be used for the care of any live horses seized from
violators of this Act and taken into the possession of the
United States or placed with an animal rescue facility as
described in this section.
(f) Calculation of Violations.--For purposes of this section, a
separate offense shall be calculated as follows:
(1) Each live horse transported, traded, slaughtered, or
possessed in violation of this Act shall constitute a separate
offense.
(2) Every four hundred pounds or less of confiscated
horseflesh shall constitute a separate offense.

SEC. 7. REPORT ON ENFORCEMENT EFFORTS.

Not later than 2 years after the date of the enactment of this
Act, and on an annual basis thereafter, the Secretary shall submit a
report to Congress on the efforts of the United States Government to
enforce the provisions of this Act and the adequacy of the resources to
do so.

SEC. 8. EXEMPTIONS.

(a) In General.--Except as provided in section 5, nothing in this
Act shall be construed to affect the regulation by any State of its
horse population.
(b) Exception for Designated Law Enforcement Official Purposes.--A
person described in section 4(7)(B) may engage in activities described
in paragraphs (2), (3), and (4) of section 5 solely for purposes of
enforcing this Act.

SEC. 9. DATE OF ENFORCEMENT.

This Act shall take effect one year after the date of the
enactment of this Act.

Output: The American Horse Slaughter Prevention Act - Prohibits a person from: (1) slaughtering a horse for human consumption; (2) importing to, or exporting from, the United States horseflesh or horses for human consumption; (3) selling, bartering, transferring, receiving, or distributing horseflesh or horses for human consumption; or (4) soliciting or knowingly causing any such actions.Sets forth provisions respecting: (1) criminal and civil penalties; (2) enforcement authority of the Secretary of Agriculture; (3) placement of confiscated horses; (4) euthanasia of unplaceable or severely injured or diseased horses; (4) funding of animal rescue facilities; and (5) exemptions.

Input: Consider Input: 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''.

Output: 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.

Input: Consider Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Fair Trade Accessibility and
Accountability Act of 2017''.

SEC. 2. ASSISTANCE TO SMALL FIRMS TO FILE PETITIONS FOR COUNTERVAILING
DUTY INVESTIGATIONS AND ANTIDUMPING DUTY INVESTIGATIONS
UNDER THE TARIFF ACT OF 1930.

(a) In General.--The Secretary of Commerce, acting through the
Under Secretary for International Trade, shall provide financial
assistance to small firms to assist such firms to prepare and file
petitions (other than those petitions which, in the opinion of the
Secretary, are frivolous) to seek to obtain the remedies and benefits
available under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et
seq.; relating to the imposition of countervailing duties and
antidumping duties).
(b) Application and Affirmative Determination With Respect to
Petition.--The Secretary of Commerce may provide assistance under
subsection (a) to a small firm if--
(1) the firm submits to the Secretary an application for
such assistance at such time and in such form as the Secretary
may require; and
(2)(A) in the case of assistance relating to a petition
filed under section 702(b) of the Tariff Act of 1930 (19 U.S.C.
1671a(b)), the administering authority makes an affirmative
determination with respect to the petition under section
702(c)(2) of such section; and
(B) in the case of assistance relating to a petition filed
under section 732(b) of the Tariff Act of 1930 (19 U.S.C.
1673a(b)), the administering authority makes an affirmative
determination with respect to the petition under section
732(c)(2) of such section.
(c) Evaluation.--The Secretary of Commerce shall review an
application for assistance under subsection (a) submitted by a small
firm based on the ability-to-pay of the firm and the economic impact
that the firm has in its local community.
(d) Amount of Assistance.--The amount of assistance under
subsection (a) to a small firm may not exceed--
(1) 75 percent of the costs relating to the filing of a
petition under section 702(b) or 732(b) of the Tariff Act of
1930 (as the case may be); and
(2) the total costs associated with any preliminary
determinations or final determinations to which the petition
relates under subtitle A or B of title VII of the Tariff Act of
1930 (as the case may be).
(e) Definitions.--In this section:
(1) Administering authority.--The term ''administering
authority'' has the meaning given such term in section 771(1)
of the Tariff Act of 1930 (19 U.S.C. 1677(1)).
(2) Small firm.--The term ''small firm'' means a firm
that--
(A) has average annual receipts of $40,000,000 or
less; or
(B) employs 1,500 or fewer individuals.

SEC. 3. MODIFICATION OF DETERMINATION OF INDUSTRY SUPPORT FOR PETITION
DETERMINATIONS UNDER COUNTERVAILING DUTY INVESTIGATIONS
AND ANTIDUMPING DUTY INVESTIGATIONS UNDER THE TARIFF ACT
OF 1930.

(a) Countervailing Duty Investigations.--Section 702(c)(4) of the
Tariff Act of 1930 (19 U.S.C. 1671a(c)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking '', if'' and all that follows
through ''(i) the'' and inserting '', if the'';
(B) by striking ''25 percent'' and inserting ''10
percent'';
(C) by striking '', and'' and inserting a period;
and
(D) by striking clause (ii);
(2) by striking subparagraph (D); and
(3) by redesignating subparagraph (E) as subparagraph (D).
(b) Antidumping Duty Investigations.--Section 732(c)(4) of the
Tariff Act of 1930 (19 U.S.C. 1673a(c)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking '', if'' and all that follows
through ''(i) the'' and inserting '', if the'';
(B) by striking '', and'' and inserting a period;
and
(C) by striking clause (ii);
(2) by striking subparagraph (D); and
(3) by redesignating subparagraph (E) as subparagraph (D).
(c) Effective Date.--The amendments made by this section take
effect on the date of the enactment of this Act and apply with respect
to countervailing duty investigations under subtitle A of title VII of
the Tariff Act of 1930 and antidumping duty investigations under
subtitle B of title VII of the Tariff Act of 1930 that are initiated on
or after the date that is 90 days after such date of enactment.

SEC. 4. AUTHORITY OF ITC TO ISSUE TRADE ENFORCEMENT ADVISORY OPINIONS.

Section 332 of the Tariff Act of 1930 (19 U.S.C. 1332) is amended
by adding at the end the following:
''(h) Trade Enforcement Advisory Opinions.--
''(1) In general.--A United States business enterprise may
file a detailed petition with the appropriate congressional
committees for purposes of requesting the Commission to
determine whether or not a foreign country has violated its
obligations under any trade agreement to which the United
States is a party with respect to trade in goods or services of
an industry in which the United States business enterprise is
located.
''(2) Review by committees.--The appropriate congressional
committees shall--
''(A) review a petition filed under paragraph (1);
and
''(B) upon agreement among the chairs and ranking
members of such committees, refer the petition to the
Commission.
''(3) Review by commission.--The Commission shall review
each petition that is referred to the Commission by the
appropriate congressional committees under paragraph (2)(B) to
determine whether or not there is a reasonable basis to
conclude that a violation described the petition occurred. The
Commission shall provide opportunity for comment by the foreign
government involved and other stakeholders that are invited to
comment by the Commission.
''(4) Advisory opinion.--Not later than 120 days after the
date on which a petition is referred to the Commission under
paragraph (2)(B), the Commission shall issue an advisory
opinion that contains a determination of the Commission as to
whether or not there is a reasonable basis to conclude that a
violation described in the petition occurred. The Commission
shall make available to the public all materials submitted to
the Commission relating to the petition.
''(5) Definitions.--In this subsection:
''(A) Appropriate congressional committees.--The
term 'appropriate congressional committees' means the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate.
''(B) Commission.--The term 'Commission' means the
United States International Trade Commission.
''(C) United states business enterprise.--The term
'United States business enterprise' means an entity
organized under the laws of the United States or of any
jurisdiction within the United States, including a
foreign branch of such an entity.''.

SEC. 5. SENSE OF CONGRESS ON STATUS OF THE PEOPLE'S REPUBLIC OF CHINA
AS A NONMARKET ECONOMY COUNTRY.

It is the sense of Congress that--
(1) the status of the People's Republic of China as a
nonmarket economy country should remain in effect until the
Government of the People's Republic of China demonstrates that
it meets all of the criteria for treatment as a market economy
as set forth in section 771(18)(B) of the Tariff Act of 1930
(19 U.S.C. 1677(18)(B)); and
(2) the President should provide for the full and effective
application of United States antidumping and countervailing
duty laws against the People's Republic of China and all other
nonmarket economy countries until such time as such country
meets all of the criteria for treatment as a market economy
country as set forth in section 771(18)(B) of the Tariff Act of
1930.

SEC. 6. MADE IN AMERICA GSA SCHEDULE.

(a) Made in America Description Requirement.--
(1) In general.--Any good listed on a Federal supply
schedule of the General Services Administration that is
described as made, produced, or manufactured in America or some
other similar description that indicates the good was made,
produced, or manufactured in the United States is required to
have all or virtually all of the good and the component parts
of the good made, produced, or manufactured, as applicable, and
assembled, if applicable, in the United States.
(2) Enforcement.--The Administrator of General Services
shall enforce the requirement described under paragraph (1)
using the Made in USA Standard by the Federal Trade Commission
to define ''all or virtually all''.
(b) Penalty for Noncompliance.--
(1) First-time offender.--The supplier of any good found
not in compliance with the requirement described under
subsection (a) is subject to a civil penalty of $100,000 for
each such good not in compliance.
(2) Subsequent offense.--The supplier of any good found not
in compliance with the requirement described under subsection
(a) who has previously been found not in compliance and fined
under paragraph (1)--
(A) is subject to a civil penalty of $300,000 for
each such good not in compliance; and
(B) shall be permanently debarred from listing any
good on a Federal supply schedule.
(c) Tip Line.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator of General
Services shall establish a tip line that allows an individual
to report any violation of subsection (a).
(2) Reward.--Any tip submitted by an individual that, in
the determination of the Administrator, led to the discovery of
a violation of subsection (a), shall entitle such individual to
75 percent of any fine imposed under subsection (b). The
Administrator shall establish a process to determine
distribution under this paragraph.
(d) Notification Required.--Not later than 180 days after the date
of the enactment of this Act, the Administrator of General Services
shall notify each supplier of a good listed on a Federal supply
schedule of the requirements of this Act.
(e) Effective Date; Applicability.--Except as provided in
subsections (c)(1) and (d), this section shall take effect 90 days
after the date of the enactment of this Act and shall apply with
respect to any contract entered into after the date of the enactment of
this Act that is related to posting a good on a Federal supply
schedule.
Output: Fair Trade Accessibility and Accountability Act of 2017 This bill directs the Department of Commerce to provide financial assistance to small firms to assist them in preparing and filing petitions to obtain the remedies and benefits available under the Tariff Act of 1930 relating to the imposition of countervailing and antidumping duties investigations. Commerce shall review an application for assistance submitted by a small firm based on the firm's ability-to-pay and its economic impact in its local community. The amount of such assistance is capped. The bill amends the Tariff Act of 1930 to modify criteria for determining industry support for petitions in countervailing and antidumping duties investigations. A U.S. business enterprise may file a petition with the Senate Committee on Finance or the House Committee on Ways and Means to determine whether or not a foreign country has violated its obligations under any trade agreement to which the United States is a party. Any good listed on a General Services Administration federal supply schedule described as made in America must have all or virtually all of the good and component parts made in the United States. Suppliers of any good not in compliance with Made in America requirements are subject to civil penalties.