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[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Safe and Secure Federal Websites Act
of 2015''.

SEC. 2. ENSURING FUNCTIONALITY AND SECURITY OF NEW FEDERAL WEBSITES
THAT COLLECT PERSONALLY IDENTIFIABLE INFORMATION.

(a) Certification Requirement.--
(1) In general.--Except as otherwise provided under this
subsection, an agency may not deploy or make available to the
public a new Federal PII website until the date on which the
chief information officer of the agency submits a certification
to Congress that the website is fully functional and secure.
(2) Transition.--In the case of a new Federal PII website
that is operational on the date of the enactment of this Act,
paragraph (1) shall not apply until the end of the 90-day
period beginning on such date of enactment. If the
certification required under paragraph (1) for such website has
not been submitted to Congress before the end of such period,
the head of the responsible agency shall render the website
inaccessible to the public until such certification is
submitted to Congress.
(3) Exception for beta website with explicit permission.--
Paragraph (1) shall not apply to a website (or portion thereof)
that is in a development or testing phase, if the following
conditions are met:
(A) A member of the public may access PII-related
portions of the website only after executing an
agreement that acknowledges the risks involved.
(B) No agency compelled, enjoined, or otherwise
provided incentives for such a member to access the
website for such purposes.
(4) Construction.--Nothing in this section shall be
construed as applying to a website that is operated entirely by
an entity (such as a State or locality) that is independent of
the Federal Government, regardless of the receipt of funding in
support of such website from the Federal Government.
(b) Definitions.--In this section:
(1) Agency.--The term ''agency'' has the meaning given that
term under section 551 of title 5, United States Code.
(2) Fully functional.--The term ''fully functional'' means,
with respect to a new Federal PII website, that the website can
fully support the activities for which it is designed or
intended with regard to the eliciting, collection, storage, or
maintenance of personally identifiable information, including
handling a volume of queries relating to such information
commensurate with the purpose for which the website is
designed.
(3) New federal personally identifiable information website
(new federal pii website).--The terms ''new Federal personally
identifiable information website'' and ''new Federal PII
website'' mean a website that--
(A) is operated by (or under a contract with) an
agency;
(B) elicits, collects, stores, or maintains
personally identifiable information of individuals and
is accessible to the public; and
(C) is first made accessible to the public and
collects or stores personally identifiable information
of individuals, on or after October 1, 2012.
(4) Operational.--The term ''operational'' means, with
respect to a website, that such website elicits, collects,
stores, or maintains personally identifiable information of
members of the public and is accessible to the public.
(5) Personally identifiable information (pii).--The terms
''personally identifiable information'' and ''PII'' mean any
information about an individual elicited, collected, stored, or
maintained by an agency, including--
(A) any information that can be used to distinguish
or trace the identity of an individual, such as a name,
a social security number, a date and place of birth, a
mother's maiden name, or biometric records; and
(B) any other information that is linked or
linkable to an individual, such as medical,
educational, financial, and employment information.
(6) Responsible agency.--The term ''responsible agency''
means, with respect to a new Federal PII website, the agency
that is responsible for the operation (whether directly or
through contracts with other entities) of the website.
(7) Secure.--The term ''secure'' means, with respect to a
new Federal PII website, that the following requirements are
met:
(A) The website is in compliance with subchapter II
of chapter 35 of title 44, United States Code.
(B) The website ensures that personally
identifiable information elicited, collected, stored,
or maintained in connection with the website is
captured at the latest possible step in a user input
sequence.
(C) The responsible agency for the website has
encrypted, masked, or taken other similar actions to
protect personally identifiable information elicited,
collected, stored, or maintained in connection with the
website.
(D) The responsible agency for the website has
taken reasonable efforts to minimize domain name
confusion, including through additional domain
registrations.
(E) The responsible agency requires all personnel
who have access to personally identifiable information
in connection with the website to have completed a
Standard Form 85P and signed a non-disclosure agreement
with respect to personally identifiable information,
and the agency takes proper precautions to ensure that
only the fewest reasonable number of trustworthy
persons may access such information.
(F) The responsible agency maintains (either
directly or through contract) sufficient personnel to
respond in a timely manner to issues relating to the
proper functioning and security of the website, and to
monitor on an ongoing basis existing and emerging
security threats to the website.
(8) State.--The term ''State'' means each State of the
United States, the District of Columbia, each territory or
possession of the United States, and each federally recognized
Indian tribe.

SEC. 3. PRIVACY BREACH REQUIREMENTS.

(a) Information Security Amendment.--Subchapter II of chapter 35 of
title 44, United States Code, is amended by adding at the end the
following:
''Sec. 3559. Privacy breach requirements
''(a) Policies and Procedures.--The Director of the Office of
Management and Budget shall establish and oversee policies and
procedures for agencies to follow in the event of a breach of
information security involving the disclosure of personally
identifiable information, including requirements for--
''(1) not later than 72 hours after the agency discovers
such a breach, or discovers evidence that reasonably indicates
such a breach has occurred, notice to the individuals whose
personally identifiable information could be compromised as a
result of such breach;
''(2) timely reporting to a Federal cybersecurity center,
as designated by the Director of the Office of Management and
Budget; and
''(3) any additional actions that the Director finds
necessary and appropriate, including data breach analysis,
fraud resolution services, identity theft insurance, and credit
protection or monitoring services.
''(b) Required Agency Action.--The head of each agency shall ensure
that actions taken in response to a breach of information security
involving the disclosure of personally identifiable information under
the authority or control of the agency comply with policies and
procedures established by the Director of the Office of Management and
Budget under subsection (a).
''(c) Report.--Not later than March 1 of each year, the Director of
the Office of Management and Budget shall report to Congress on agency
compliance with the policies and procedures established under
subsection (a).
''(d) Federal Cybersecurity Center Defined.--The term 'Federal
cybersecurity center' means any of the following:
''(1) The Department of Defense Cyber Crime Center.
''(2) The Intelligence Community Incident Response Center.
''(3) The United States Cyber Command Joint Operations
Center.
''(4) The National Cyber Investigative Joint Task Force.
''(5) Central Security Service Threat Operations Center of
the National Security Agency.
''(6) The United States Computer Emergency Readiness Team.
''(7) Any successor to a center, team, or task force
described in paragraphs (1) through (6).
''(8) Any center that the Director of the Office of
Management and Budget determines is appropriate to carry out
the requirements of this section.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 35 of title 44, United States Code, is amended
by adding at the end the following:

''3559. Privacy breach requirements.''.
[A]: Safe and Secure Federal Websites Act of 2015 This bill establishes security and privacy requirements for new federal websites that collect personally identifiable information (PII) (i.e., information that can be used to distinguish or trace the identity of an individual or that is linked or linkable to an individual). (Sec. 2) A federal agency may not deploy or make available to the public a new federal PII website until the agency's chief information officer (CIO) certifies to Congress that the website is fully functional and secure. The CIO must make such certification within 90 days after enactment of this Act. After such 90-day period, any new federal PII website that has not been certified must be rendered inaccessible until certification is submitted. The prohibition does not apply to a website that is: (1) operated entirely by an entity that is independent of the federal government, or (2) in a development or testing phase (beta website). The exemption for beta websites applies only if: (1) a member of the public may access PII-related portions of the website only after executing an agreement that acknowledges the risks involved; and (2) no agency compelled, enjoined, or otherwise provided incentives for a member of the public to access such website. The bill defines a "new federal PII website" as a website that: (1) is operated by (or under contract with) an agency; (2) elicits, collects, stores, or maintains PII and is accessible to the public; and (3) is first made accessible to the public and collects or stores PII on or after October 1, 2012. The bill also sets forth requirements that must be met to deem a new federal PII website as "secure." (Sec. 3) The Director of the Office of Management and Budget (OMB) must establish and oversee policies and procedures for federal agencies to follow in the event of a breach of information security involving the disclosure of PII, including: (1) notice, not later than 72 hours after discovery of a breach or possible breach, to individuals whose PII could be compromised; and (2) timely reporting to a federal cybersecurity center designated by the OMB and defined in this Act. Agency heads must ensure that agency actions taken in response to a breach of information security involving the disclosure of PII comply with OMB policies and procedures established by this Act. The OMB must report to Congress, not later than March 1 of each year, on agency compliance with such policies and procedures. A "federal cybersecurity center" is defined to include: (1) the Department of Defense Cyber Crime Center, (2) the Intelligence Community Incident Response Center, (3) the U.S. Cyber Command Joint Operations Center, (4) the National Cyber Investigative Task Force, (5) the Central Security Service Threat Operations Center of the National Security Agency, (6) the U.S. Computer Emergency Readiness Team, and (7) any center that the OMB determines is appropriate to carry out privacy breach notice and reporting requirements.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''America's Law Enforcement and Mental
Health Project''.

SEC. 2. MENTAL HEALTH DIVERSION COURTS.

(a) Amendment.--Part V of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended to read as follows:

''PART V--MENTAL HEALTH DIVERSION COURTS

''SEC. 2201. GRANT AUTHORITY.

''The Attorney General may make grants to States, State courts,
local courts, units of local government, and Indian tribal governments,
acting directly or through agreements with other public or nonprofit
entities, for 25 programs that involve--
''(1) continuing judicial supervision, including periodic
review at least every 45 days, over preliminarily qualified
offenders with mental illness, mental retardation, or co-
occurring mental illness and substance abuse disorders who are
charged with nonviolent misdemeanors, for a period not to
exceed 1 year; and
''(2) the integrated administration of services, which
includes--
''(A) specialized training of law enforcement and
judicial personnel to identify and address the unique
needs of a mentally ill or mentally retarded offender;
''(B) voluntary diversion into outpatient or
inpatient mental health treatment that carries with it
the possibility of prosecution of the original criminal
charge if the mentally ill or mentally retarded
defendant is noncompliant with program requirements;
''(C) centralized case management involving the
consolidation of all of a mentally ill or mentally
retarded defendant's misdemeanor cases, including
violations of misdemeanor probation, and the
coordination of all treatment plans of mental health
and social service providers; and
''(D) life skills training, such as housing
placement, vocational training, education, job
placement, health care, and relapse prevention for each
participant who requires such services.

''SEC. 2202. DEFINITION.

''In this part the term 'preliminarily qualified offender with
mental illness, mental retardation, or co-occurring mental and
substance abuse disorders' means a person who--
''(1)(A) previously or currently has been diagnosed by a
qualified mental health professional as having a mental
illness, mental retardation, or co-occurring mental illness and
substance abuse disorders; or
''(B) manifests obvious signs of mental illness, mental
retardation, or co-occurring mental illness and substance abuse
disorders during arrest or confinement or before any court; and
''(2) is deemed eligible for diversion by designated
judges.

''SEC. 2203. ADMINISTRATION.

''(a) Consultation.--The Attorney General shall consult with the
Secretary of Health and Human Services and any other appropriate
officials in carrying out this part.
''(b) Use of Components.--The Attorney General may utilize any
component or components of the Department of Justice in carrying out
this part.
''(c) Regulatory Authority.--The Attorney General shall issue
regulations and guidelines necessary to carry out this part which
include, but are not limited to, the methodologies and outcome measures
proposed for evaluating each applicant program.
''(d) Applications.--In addition to any other requirements that may
be specified by the Attorney General, an application for a grant under
this part shall--
''(1) include a long-term strategy and detailed
implementation plan;
''(2) explain the applicant's inability to fund the program
adequately without Federal assistance;
''(3) certify that the Federal support provided will be
used to supplement, and not supplant, State, Indian tribal, and
local sources of funding that would otherwise be available;
''(4) identify related governmental or community
initiatives which complement or will be coordinated with the
proposal;
''(5) certify that there has been appropriate consultation
with all affected agencies and that there will be appropriate
coordination with all affected agencies in the implementation
of the program;
''(6) certify that participating offenders will be
supervised by one or more designated judges with responsibility
for the mental health diversion court program;
''(7) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support; and
''(8) describe the methodology and outcome measures that
will be used in evaluating the program.

''SEC. 2204. APPLICATIONS.

''To request funds under this part, the chief executive or the
chief justice of a State or the chief executive or chief judge of a
unit of local government or Indian tribal government shall submit an
application to the Attorney General in such form and containing such
information as the Attorney General may reasonably require.

''SEC. 2205. FEDERAL SHARE.

''The Federal share of a grant made under this part may not exceed
75 percent of the total costs of the program described in the
application submitted under section 2205 for the fiscal year for which
the program receives assistance under this part, unless the Attorney
General waives, wholly or in part, the requirement of a matching
contribution under this section. The use of the Federal share of a
grant made under this part shall be limited to new expenses
necessitated by the proposed diversion program, including the
development of treatment services and the hiring and training of
personnel. In-kind contributions may constitute a portion of the non-
Federal share of a grant.

''SEC. 2206. GEOGRAPHIC DISTRIBUTION.

''The Attorney General shall ensure that, to the extent
practicable, an equitable geographic distribution of grant awards is
made that considers the special needs of rural communities, Indian
tribes, and Alaska Natives.

''SEC. 2207. REPORT.

''A State, Indian tribal government, or unit of local government
that receives funds under this part during a fiscal year shall submit
to the Attorney General a report in March of the following year
regarding the effectiveness of this part.

''SEC. 2208. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

''(a) Technical Assistance and Training.--The Attorney General may
provide technical assistance and training in furtherance of the
purposes of this part.
''(b) Evaluations.--In addition to any evaluation requirements that
may be prescribed for grantees, the Attorney General may carry out or
make arrangements for evaluations of programs that receive support
under this part.
''(c) Administration.--The technical assistance, training, and
evaluations authorized by this section may be carried out directly by
the Attorney General, in collaboration with the Secretary of Health and
Human Services, or through grants, contracts, or other cooperative
arrangements with other entities.''.
(b) Technical Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), is amended by inserting after part U the following:

''Part V--Mental Health Diversion Courts

''Sec. 2201. Grant authority.
''Sec. 2202. Definition.
''Sec. 2203. Administration.
''Sec. 2204. Applications.
''Sec. 2205. Federal share.
''Sec. 2206. Geographic distribution.
''Sec. 2207. Report.
''Sec. 2208. Technical assistance, training, and evaluation.''.
(c) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)), is amended by inserting after paragraph (19) the following:
''(20) There are authorized to be appropriated to carry out part V,
$2,000,000 for each of fiscal years 2000 through 2004.''.
[A]: America's Law Enforcement and Mental Health Project - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or nonprofit entities, for 25 programs that involve: (1) continuing judicial supervision, including periodic review at least every 45 days, over preliminarily qualified offenders with mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders who are charged with non-violent misdemeanors, for a period not to exceed one year; and (2) the integrated administration of services, which includes specialized training of law enforcement and judicial personnel to identify and address the unique needs of a mentally ill or mentally retarded offender, voluntary diversion into outpatient or inpatient mental health treatment that carries with it the possibility of prosecution of the original criminal charge if the mentally ill or mentally retarded defendant is noncompliant with program requirements, centralized case management involving the consolidation of all of a mentally ill or mentally retarded defendant's misdemeanor cases (including violations of misdemeanor probation) and the coordination of all treatment plans of mental health and social service providers, and life skills training.
Defines "preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders" to mean a person who: (1) previously or currently has been diagnosed by a qualified mental health professional as having a mental illness, mental retardation, or co-occurring mental and substance abuse disorders or who manifests obvious signs of mental illness, mental retardation, or co-occurring mental and substance abuse disorders during arrest or confinement or before any court; and (2) is deemed eligible for diversion by designated judges.
Directs the Attorney General to issue regulations and guidelines necessary to carry out this Act, including the methodologies and outcome measures proposed for evaluating each applicant program.
Sets forth provisions regarding application requirements, the Federal cost share (75 percent), geographic distribution of grants, reporting requirements, and technical assistance, training, and evaluation. Authorizes appropriations.

[Q]: 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''.
[A]:
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.