[Congressional Record (Bound Edition), Volume 152 (2006), Part 9]
[Senate]
[Pages 11702-11735]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4310. Mr. WARNER (for Mr. Stevens) proposed an amendment to the 
bill S. 2012, to authorize appropriations to the Secretary of Commerce 
for the Magnuson-Stevens Fishery Conservation and Management Act for 
fiscal years 2006 through 2012, and for other purposes; as follows:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Magnuson-
     Stevens Fishery Conservation and Management Reauthorization 
     Act of 2006''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and 
              Management Act.
Sec. 3. Changes in findings and definitions.
Sec. 4. Highly migratory species.
Sec. 5. Total allowable level of foreign fishing.
Sec. 6. Western pacific sustainable fisheries fund.
Sec. 7. Authorization of appropriations.

                  Title I--Conservation and Management

Sec. 101. Cumulative impacts.
Sec. 102. Caribbean Council jurisdiction.
Sec. 103. Regional fishery management councils.
Sec. 104. Fishery management plan requirements.
Sec. 105. Fishery management plan discretionary provisions.
Sec. 106. Limited access privilege programs.
Sec. 107. Environmental review process.
Sec. 108. Emergency regulations.
Sec. 109. Western Pacific community development.
Sec. 110. Western Alaska Community Development Quota Program.
Sec. 111. Secretarial action on state groundfish fishing.
Sec. 112. Joint enforcement agreements.
Sec. 113. Transition to sustainable fisheries.
Sec. 114. Regional coastal disaster assistance, transition, and 
              recovery program.
Sec. 115. Fishery finance program hurricane assistance.
Sec. 116. Shrimp fisheries hurricane assistance program.
Sec. 117. Bycatch reduction engineering program.
Sec. 118. Community-based restoration program for fishery and coastal 
              habitats.
Sec. 119. Prohibited acts.
Sec. 120. Enforcement.

[[Page 11703]]

                   Title II--Information and Research

Sec. 201. Recreational fisheries information.
Sec. 202. Collection of information.
Sec. 203. Access to certain information.
Sec. 204. Cooperative research and management program.
Sec. 205. Herring study.
Sec. 206. Restoration study.
Sec. 207. Western Pacific fishery demonstration projects.
Sec. 208. Fisheries conservation and management fund.
Sec. 209. Use of fishery finance program and capital construction fund 
              for sustainable purposes.
Sec. 210. Regional ecosystem research.
Sec. 211. Deep sea coral research and technology program.
Sec. 212. Impact of turtle excluder devices on shrimping.
Sec. 213. Hurricane effects on shrimp and oyster fisheries and 
              habitats.
Sec. 214. Northwest Pacific fisheries conservation.
Sec. 215. New England groundfish fishery.
Sec. 216. Report on council management coordination.

                  Title III--Other Fisheries Statutes

Sec. 301. Amendments to Northern Pacific Halibut Act.
Sec. 302. Reauthorization of other fisheries acts.

                        Title IV--International

Sec. 401. International monitoring and compliance.
Sec. 402. Finding with respect to illegal, unreported, and unregulated 
              fishing.
Sec. 403. Action to end illegal, unreported, or unregulated fishing and 
              reduce bycatch of protected marine species.
Sec. 405. Reauthorization of Atlantic Tunas Convention Act.
Sec. 406. International overfishing and domestic equity.
Sec. 407. U.S. catch history.
Sec. 408. Secretarial representative for international fisheries.

   Title V--Implementation of Western and Central Pacific Fisheries 
                               Convention

Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Appointment of United States commissioners.
Sec. 504. Authority and responsibility of the Secretary of State.
Sec. 505. Rulemaking authority of the Secretary of Commerce.
Sec. 506. Enforcement.
Sec. 507. Prohibited acts.
Sec. 508. Cooperation in carrying out convention.
Sec. 509. Territorial participation.
Sec. 510. Exclusive economic zone notification.
Sec. 511. Authorization of appropriations.

                       Title VI--Pacific Whiting

Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. United States representation on joint management committee.
Sec. 604. United States representation on the scientific review group.
Sec. 605. United States representation on joint technical committee.
Sec. 606. United States representation on advisory panel.
Sec. 607. Responsibilities of the Secretary.
Sec. 608. Rulemaking.
Sec. 609. Administrative Matters.
Sec. 610. Enforcement.
Sec. 611. Authorization of appropriations.

     SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION 
                   AND MANAGEMENT ACT.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1801 et seq.).

     SEC. 3. CHANGES IN FINDINGS AND DEFINITIONS.

       (a) Ecosystems.--Section 2(a) (16 U.S.C. 1801(a)) is 
     amended by adding at the end the following:
       ``(11) A number of the Fishery Management Councils have 
     demonstrated significant progress in integrating ecosystem 
     considerations in fisheries management using the existing 
     authorities provided under this Act.''.
       (b) In General.--Section 3 (16 U.S.C. 1802) is amended--
       (1) by inserting after paragraph (6) the following:
       ``(6A) The term `confidential information' means--
       ``(A) trade secrets; or
       ``(B) commercial or financial information the disclosure of 
     which is likely to result in substantial harm to the 
     competitive position of the person who submitted the 
     information to the Secretary.'';
       (2) by inserting after paragraph (13) the following:
       ``(13A) The term `regional fishery association' means an 
     association formed for the mutual benefit of members--
       ``(A) to meet social and economic needs in a region or 
     subregion; and
       ``(B) comprised of persons engaging in the harvest or 
     processing of fishery resources in that specific region or 
     subregion or who otherwise own or operate businesses 
     substantially dependent upon a fishery.'';
       (3) by inserting after paragraph (20) the following:
       ``(20A) The term `import'--
       ``(A) means to land on, bring into, or introduce into, or 
     attempt to land on, bring into, or introduce into, any place 
     subject to the jurisdiction of the United States, whether or 
     not such landing, bringing, or introduction constitutes an 
     importation within the meaning of the customs laws of the 
     United States; but
       ``(B) does not include any activity described in 
     subparagraph (A) with respect to fish caught in the exclusive 
     economic zone or by a vessel of the United States.'';
       (4) by inserting after paragraph (23) the following:
       ``(23A) The term `limited access privilege'--
       ``(A) means a Federal permit, issued as part of a limited 
     access system under section 303A to harvest a quantity of 
     fish expressed by a unit or units representing a portion of 
     the total allowable catch of the fishery that may be received 
     or held for exclusive use by a person; and
       ``(B) includes an individual fishing quota; but
       ``(C) does not include community development quotas as 
     described in section 305(i).
       ``(23B) The term `limited access system' means a system 
     that limits participation in a fishery to those satisfying 
     certain eligibility criteria or requirements contained in a 
     fishery management plan or associated regulation.''; and
       (5) by inserting after paragraph (27) the following:
       ``(27A) The term `observer information' means any 
     information collected, observed, retrieved, or created by an 
     observer or electronic monitoring system pursuant to 
     authorization by the Secretary, or collected as part of a 
     cooperative research initiative, including fish harvest or 
     processing observations, fish sampling or weighing data, 
     vessel logbook data, vessel or processor-specific information 
     (including any safety, location, or operating condition 
     observations), and video, audio, photographic, or written 
     documents.''.
       (c) Redesignation.--Paragraphs (1) through (45) of section 
     3 (16 U.S.C. 1802), as amended by subsection (a), are 
     redesignated as paragraphs (1) thorough (51), respectively.
       (d) Conforming Amendments.--
       (1) The following provisions of the Act are amended by 
     striking ``an individual fishing quota'' and inserting ``a 
     limited access privilege'':
       (A) Section 402(b)(1)(D) (16 U.S.C. 1881a(b)(1)(D)).
       (B) Section 407(a)(1)(D) and (c)(1) (16 U.S.C. 
     1883(a)(1)(D); (c)(1)).
       (2) The following provisions of the Act are amended by 
     striking ``individual fishing quota'' and inserting ``limited 
     access privilege'':
       (A) Section 304(c)(3) (16 U.S.C. 1854(c)(3)).
       (B) Section 304(d)(2)(A)(i) (16 U.S.C. 1854(d)(2)(A)(i)).
       (C) Section 407(c)(2)(B) (16 U.S.C. 1883(c)(2)(B)).
       (3) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended by 
     striking ``individual fishing quotas,'' and inserting 
     ``limited access privileges,''.

     SEC. 4. HIGHLY MIGRATORY SPECIES.

       Section 102 (16 U.S.C. 1812) is amended--
       (1) by inserting ``(a) In General.--'' before ``The''; and
       (2) by adding at the end the following:
       ``(b) Traditional Participation.--In managing any fisheries 
     under an international fisheries agreement to which the 
     United States is a party, the appropriate Council or 
     Secretary shall take into account the traditional 
     participation in the fishery, relative to other nations, by 
     fishermen of the United States on fishing vessels of the 
     United States.
       ``(c) Promotion of Stock Management.--If a relevant 
     international fisheries organization does not have a process 
     for developing a formal plan to rebuild a depleted stock, an 
     overfished stock, or a stock that is approaching a condition 
     of being overfished, the provisions of this Act in this 
     regard shall be communicated to and promoted by the United 
     States in the international or regional fisheries 
     organization.''.

     SEC. 5. TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.

       Section 201(d) (16 U.S.C. 1821(d)) is amended--
       (1) by striking ``shall be'' and inserting ``is'';
       (2) by striking ``will not'' and inserting ``cannot, or 
     will not,'';
       (3) by inserting after ``Act.'' the following: 
     ``Allocations of the total allowable level of foreign fishing 
     are discretionary, except that the total allowable level 
     shall be zero for fisheries determined by the Secretary to 
     have adequate or excess harvest capacity.''

     SEC. 6. WESTERN PACIFIC SUSTAINABLE FISHERIES FUND.

       Section 204(e) (16 U.S.C. 1824(e)(7)) is amended--
       (1) by inserting ``and any funds or contributions received 
     in support of conservation and management objectives under a 
     marine conservation plan'' after ``agreement'' in paragraph 
     (7); and
       (2) by inserting after ``paragraph (4).'' in paragraph (8) 
     the following: ``In the case of

[[Page 11704]]

     violations by foreign vessels occurring within the exclusive 
     economic zones off Midway Atoll, Johnston Atoll, Kingman 
     Reef, Palmyra Atoll, Jarvis, Howland, Baker, and Wake 
     Islands, amounts received by the Secretary attributable to 
     fines and penalties imposed under this Act, shall be 
     deposited into the Western Pacific Sustainable Fisheries Fund 
     established under paragraph (7) of this subsection.''.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       Section 4 (16 U.S.C. 1803) is amended to read as follows:

     ``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the Secretary 
     to carry out the provisions of this Act--
       ``(1) $328,004,000 for fiscal year 2006;
       ``(2) $337,844,000 for fiscal year 2007;
       ``(3) $347,684,000 for fiscal year 2008;
       ``(4) $357,524,000 for fiscal year 2009;
       ``(5) $367,364,000 for fiscal year 2010;
       ``(6) $377,204,000 for fiscal year 2011; and
       ``(7) $387,044,000 for fiscal year 2012.''.

                  TITLE I--CONSERVATION AND MANAGEMENT

     SEC. 101. CUMULATIVE IMPACTS.

       (a) National Standards.--Section 301(a)(8) (16 U.S.C. 
     1851(a)(8)) is amended by inserting ``by utilizing economic 
     and social data that meet the requirements of paragraph 
     (2),'' after ``fishing communities''.
       (b) Contents of Plans.--Section 303(a)(9) (16 U.S.C. 
     1853(a)(9)) is amended by striking ``describe the likely 
     effects, if any, of the conservation and management measures 
     on--'' and inserting ``analyze the likely effects, if any, 
     including the cumulative economic and social impacts, of the 
     conservation and management measures on, and possible 
     mitigation measures for--''.

     SEC. 102. CARIBBEAN COUNCIL JURISDICTION.

       Section 302(a)(1)(D) (16 U.S.C. 1852(a)(1)(D)) is amended 
     by inserting ``and of commonwealths, territories, and 
     possessions of the United States in the Caribbean Sea'' after 
     ``seaward of such States''.

     SEC. 103. REGIONAL FISHERY MANAGEMENT COUNCILS.

       (a) Tribal Alternate on Pacific Council.--Section 302(b)(5) 
     (16 U.S.C. 1852(b)(5)) is amended by adding at the end 
     thereof the following:
       ``(D) The tribal representative appointed under 
     subparagraph (A) may designate as an alternate, during the 
     period of the representative's term, an individual 
     knowledgeable concerning tribal rights, tribal law, and the 
     fishery resources of the geographical area concerned.''.
       (b) Scientific and Statistical Committees.--Section 302(g) 
     (16 U.S.C. 1852(g)) is amended--
       (1) by striking so much of subsection (g) as precedes 
     paragraph (2) and inserting the following:
       ``(g) Committees and Advisory Panels.--
       ``(1)(A) Each Council shall establish, maintain, and 
     appoint the members of a scientific and statistical committee 
     to assist it in the development, collection, evaluation, and 
     peer review of such statistical, biological, economic, 
     social, and other scientific information as is relevant to 
     such Council's development and amendment of any fishery 
     management plan.
       ``(B) Each scientific and statistical committee shall 
     provide its Council ongoing scientific advice for fishery 
     management decisions, including recommendations for 
     acceptable biological catch or maximum sustainable yield, and 
     reports on stock status and health, bycatch, habitat status, 
     socio-economic impacts of management measures, and 
     sustainability of fishing practices.
       ``(C) Members appointed by the Councils to the scientific 
     and statistical committees shall be Federal employees, State 
     employees, academicians, or independent experts with strong 
     scientific or technical credentials and experience.
       ``(D) The Secretary and each Council may establish a peer 
     review process for that Council for scientific information 
     used to advise the Council about the conservation and 
     management of the fishery. The review process, which may 
     include existing committees or panels, is deemed to satisfy 
     the requirements of the guidelines issued pursuant to section 
     515 of the Treasury and General Government Appropriations Act 
     for Fiscal year 2001 (Public Law 106-554--Appendix C; 114 
     Stat. 2763A-153).
       ``(E) In addition to the provisions of section 302(f)(7), 
     the Secretary may pay a stipend to members of the scientific 
     and statistical committees or advisory panels who are not 
     employed by the Federal government or a State marine 
     fisheries agency.'';
       (2) by striking ``other'' in paragraph (2); and
       (3) by resetting the left margin of paragraphs (2) through 
     (5) 2 ems from the left.
       (c) Council Functions.--Section 302(h) (16 U.S.C. 1852(h)) 
     is amended--
       (1) by striking ``authority, and'' in paragraph (5) and 
     inserting ``authority;'';
       (2) by redesignating paragraph (6) as paragraph (7); and
       (3) by inserting after paragraph (5) the following:
       ``(6) develop annual catch limits for each of its managed 
     fisheries after considering the recommendations of its 
     scientific and statistical committee or the peer review 
     process established under subsection (g); and''.
       (d) Regular and Emergency Meetings.--Section 302(i)(2)(C) 
     (16 U.S.C. 1852(i)(2)(C)) is amended by striking ``published 
     in local newspapers in the major fishing ports of the region 
     (and in other major fishing ports having a direct interest in 
     the affected fishery) and such notice may be given by such 
     other means as will result in wide publicity.'' and inserting 
     ``provided by any means that will result in wide publicity in 
     the major fishing ports of the region (and in other major 
     fishing ports having a direct interest in the affected 
     fishery), except that e-mail notification and website 
     postings alone are not sufficient.''.
       (e) Closed Meetings.--Section 302(i)(3)(B) (16 U.S.C. 
     1852(i)(3)(B)) is amended by striking ``notify local 
     newspapers in the major fishing ports within its region (and 
     in other major, affected fishing ports,'' and inserting 
     ``provide notice by any means that will result in wide 
     publicity in the major fishing ports of the region (and in 
     other major fishing ports having a direct interest in the 
     affected fishery),''.
       (f) Training.--Section 302 (16 U.S.C. 1852) is amended by 
     adding at the end the following:
       ``(k) Council Training Program.--
       ``(1) Training course.--Within 6 months after the date of 
     enactment of the Magnuson-Stevens Fishery Conservation and 
     Management Reauthorization Act of 2006, the Secretary, in 
     consultation with the Councils and the National Sea Grant 
     College Program, shall develop a training course for newly 
     appointed Council members. The course may cover a variety of 
     topics relevant to matters before the Councils, including--
       ``(A) fishery science and basic stock assessment methods;
       ``(B) fishery management techniques, data needs, and 
     Council procedures;
       ``(C) social science and fishery economics;
       ``(D) tribal treaty rights and native customs, access, and 
     other rights related to Western Pacific indigenous 
     communities;
       ``(E) legal requirements of this Act, including conflict of 
     interest and disclosure provisions of this section and 
     related policies;
       ``(F) other relevant legal and regulatory requirements, 
     including the National Environmental Policy Act (42 U.S.C. 
     4321 et seq.);
       ``(G) public process for development of fishery management 
     plans; and
       ``(H) other topics suggested by the Council.
       ``(2) Member training.--The training course shall be 
     available to both new and existing Council members, and may 
     be made available to committee or advisory panel members as 
     resources allow.
       ``(l) Council Coordination Committee.--The Councils may 
     establish a Council coordination committee consisting of the 
     chairs, vice chairs, and executive directors of each of the 8 
     Councils described in subsection (a)(1), or other Council 
     members or staff, in order to discuss issues of relevance to 
     all Councils, including issues related to the implementation 
     of this Act.''.
       (g) Procedural Matters.--Section 302(i) (16 U.S.C. 1852(i)) 
     is amended--
       (1) by striking ``to the Councils or to the scientific and 
     statistical committees or advisory panels established under 
     subsection (g).'' in paragraph (1) and inserting ``to the 
     Councils, the Council coordination committee established 
     under subsection (l), or to the scientific and statistical 
     committees or other committees or advisory panels established 
     under subsection (g).'';
       (2) by striking ``of a Council, and of the scientific and 
     statistical committee and advisory panels established under 
     subsection (g):'' in paragraph (2) and inserting ``of a 
     Council, of the Council coordination committee established 
     under subsection (l), and of the scientific and statistical 
     committees or other committees or advisory panels established 
     under subsection (g):''; and
       (3) by inserting ``the Council Coordination Committee 
     established under subsection (1),'' in paragraph (3)(A) after 
     ``Council,''; and
       (4) by inserting ``other committees,'' in paragraph (3)(A) 
     after ``committee,''.
       (h) Conflicts of Interest.--Section 302(j) (16 U.S.C. 
     1852(j)) is amended--
       (1) by inserting ``lobbying, advocacy,'' after 
     ``processing,'' in paragraph (2);
       (2) by striking ``jurisdiction.'' in paragraph (2) and 
     inserting ``jurisdiction, or with respect to an individual or 
     organization with a financial interest in such activity.'';
       (3) by striking subparagraph (B) of paragraph (5) and 
     inserting the following:
       ``(B) be kept on file by the Council and made available on 
     the Internet and for public inspection at the Council offices 
     during reasonable hours; and''; and
       (4) by adding at the end the following:
       ``(9) On January 1, 2008, and annually thereafter, the 
     Secretary shall submit a report to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Resources on action taken by the 
     Secretary and the Councils to implement the disclosure of 
     financial interest and recusal requirements of this 
     subsection.''.
       (i) Gulf of Mexico Fisheries Management Council.--Section 
     302(b)(2) (16 U.S.C. 1852(b)(2)) is amended--
       (1) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (2) by inserting after subparagraph (C) the following:

[[Page 11705]]

       ``(D)(i) The Secretary shall appoint to the Gulf of Mexico 
     Fisheries Management Council--
       ``(I) 5 representatives of the commercial fishing sector;
       ``(II) 5 representatives of the recreational fishing or 
     charter fishing sectors; and
       ``(III) 1 other individual who is knowledgeable regarding 
     the conservation and management of fisheries resources in the 
     jurisdiction of the Council.
       ``(ii) The Governor of a State submitting a list of names 
     of individuals for appointment by the Secretary of Commerce 
     to the Gulf of Mexico Fisheries Management Council under 
     subparagraph (C) shall include--
       ``(I) at least 1 nominee each from the commercial, 
     recreational, and charter fishing sectors; and
       ``(II) at least 1 other individual who is knowledgeable 
     regarding the conservation and management of fisheries 
     resources in the jurisdiction of the Council.
       ``(iii) Notwithstanding the requirements of 302(b)(2)(C), 
     if the Secretary determines that the list of names submitted 
     by the Governor does not meet the requirements of clause 
     (ii), the Secretary shall--
       ``(I) publish a notice in the Federal Register asking the 
     residents of that State to submit the names and pertinent 
     biographical data of individuals who would meet the 
     requirement not met for appointment to the Council; and
       ``(II) add the name of any qualified individual submitted 
     by the public who meets the unmet requirement to the list of 
     names submitted by the Governor.
       ``(iv) For purposes of clause (ii), an individual who owns 
     or operates a fish farm outside of the Unites States shall 
     not be considered to be a representative of the commercial 
     fishing sector.
       ``(v) The requirements of subparagraph (D) shall expire at 
     the end of fiscal year 2012.''.
       (j) Report and Recommendations on Gulf Council Amendment.--
       (1) In general.--Before August, 2011, the Secretary of 
     Commerce, in consultation with the Gulf of Mexico Fisheries 
     Management Council, shall analyze the impact of the amendment 
     made by subsection (i) and determine whether section 
     302(b)(2)(D) of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1852(b)(2)(D)) has resulted in a 
     fair and balanced apportionment of the active participants in 
     the commercial and recreational fisheries under the 
     jurisdiction of the Council.
       (2) Report.--By no later than August, 2011, the Secretary 
     shall transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Resources setting forth the Secretary's findings 
     and determination, including any recommendations for 
     legislative or other changes that may be necessary to achieve 
     such a fair and balanced apportionment, including whether to 
     renew the authority.

     SEC. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS.

       (a) In General.--Section 303(a) (16 U.S.C. 1853(a)) is 
     amended--
       (1) striking ``and charter fishing'' in paragraph (5) and 
     inserting ``charter fishing, and fish processing'';
       (2) by inserting ``economic information necessary to meet 
     the requirements of this Act,'' in paragraph (5) after 
     ``number of hauls,'';
       (3) by striking ``fishery'' the first place it appears in 
     paragraph (13) and inserting ``fishery, including its 
     economic impact,'';
       (4) by striking ``and'' after the semicolon in paragraph 
     (13);
       (5) by striking ``allocate'' in paragraph (14) and 
     inserting ``allocate, taking into consideration the economic 
     impact of the harvest restrictions or recovery benefits on 
     the fishery participants in each sector,'';
       (6) by striking ``fishery.'' in paragraph (14) and 
     inserting ``fishery;''; and
       (7) by adding at the end the following:
       ``(15) establish a mechanism for specifying annual catch 
     limits in the plan (including a multiyear plan), implementing 
     regulations, or annual specifications, at a level such that 
     optimum yield is not exceeded in the fishery; and
       ``(16) establish a mechanism under which harvests exceeding 
     the specified annual catch limit (including the specified 
     annual catch limit for a sector) shall be deducted in the 
     following fishing year, or the next action in a multiyear 
     specification that establishes or adjusts annual catch limits 
     (including those specified for that sector), and which may 
     use the type of adjustment measures already relied on in the 
     plan, unless sufficient information on the harvest level 
     cannot be obtained in that timeframe, but the deduction shall 
     occur not later than 3 fishing years after the close of the 
     fishing year in which the overage occurs.''.
       (b) Effective Dates; Application to Certain Species.--The 
     amendment made by subsection (a)(7)--
       (1) shall take effect--
       (A) in fishing year 2010 for fisheries determined by the 
     Secretary to be subject to overfishing; and
       (B) in fishing year 2011 for all other fisheries; and
       (2) shall not apply to a fishery for species that have a 
     life cycle of approximately 1 year unless the Secretary has 
     determined the fishery is subject to overfishing.

     SEC. 105. FISHERY MANAGEMENT PLAN DISCRETIONARY PROVISIONS.

       Section 303(b) (16 U.S.C. 1853(b)) is amended--
       (1) by inserting ``(A)'' after ``(2)'' in paragraph (2);
       (2) by inserting after paragraph (2) the following:
       ``(B) designate such zones in areas where deep sea corals 
     are identified under section 408, to protect deep sea corals 
     from physical damage from fishing gear or to prevent loss or 
     damage to such fishing gear from interactions with deep sea 
     corals, after considering long-term sustainable uses of 
     fishery resources in such areas; and
       ``(C) with respect to any closure of an area under this Act 
     that prohibits all fishing, ensure that such closure--
       ``(i) is based on the best scientific information 
     available;
       ``(ii) includes criteria to assess the conservation benefit 
     of the closed area;
       ``(iii) establishes a timetable for review of the closed 
     area's performance that is consistent with the purposes of 
     the closed area; and
       ``(iv) is based on an assessment of the benefits and 
     impacts of the closure, including its size, in relation to 
     other management measures (either alone or in combination 
     with such measures), including the benefits and impacts of 
     limiting access to: users of the area, overall fishing 
     activity, fishery science, and fishery and marine 
     conservation;'';
       (3) by striking ``fishery;'' in paragraph (5) and inserting 
     ``fishery and take into account the different circumstances 
     affecting fisheries from different States and ports, 
     including distances to fishing grounds and proximity to time 
     and area closures;'';
       (4) by striking paragraph (6) and inserting the following:
       ``(6) establish a limited access system for the fishery in 
     order to achieve optimum yield if, in developing such system, 
     the Council and the Secretary take into account--
       ``(A) present participation in the fishery;
       ``(B) historical fishing practices in, and dependence on, 
     the fishery;
       ``(C) the economics of the fishery;
       ``(D) the capability of fishing vessels used in the fishery 
     to engage in other fisheries;
       ``(E) the cultural and social framework relevant to the 
     fishery and any affected fishing communities;
       ``(F) the fair and equitable distribution of access 
     privileges in the fishery; and
       ``(G) any other relevant considerations;'';
       (5) by striking ``(other than economic data)'' in paragraph 
     (7);
       (6) by striking ``and'' after the semicolon in paragraph 
     (11); and
       (7) by redesignating paragraph (12) as paragraph (14) and 
     inserting after paragraph (11) the following:
       ``(12) establish a process for complying with the National 
     Environmental Policy Act (42 U.S.C. 4321 et seq.) pursuant to 
     section 304(h) of this Act;
       ``(13) include management measures in the plan to conserve 
     target and non-target species and habitats, considering the 
     variety of ecological factors affecting fishery populations; 
     and''.

     SEC. 106. LIMITED ACCESS PRIVILEGE PROGRAMS.

       (a) In General.--Title III (16 U.S.C. 1851 et seq.) is 
     amended--
       (1) by striking section 303(d); and
       (2) by inserting after section 303 the following:

     ``SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS.

       ``(a) In General.--After the date of enactment of the 
     Magnuson-Stevens Fishery Conservation and Management 
     Reauthorization Act of 2006, a Council may submit, and the 
     Secretary may approve, for a fishery that is managed under a 
     limited access system, a limited access privilege program to 
     harvest fish if the program meets the requirements of this 
     section.
       ``(b) No Creation of Right, Title, or Interest.--Limited 
     access privilege, quota share, or other limited access system 
     authorization established, implemented, or managed under this 
     Act--
       ``(1) shall be considered a permit for the purposes of 
     sections 307, 308, and 309;
       ``(2) may be revoked, limited, or modified at any time in 
     accordance with this Act, including revocation for failure to 
     comply with the terms of the plan or if the system is found 
     to have jeopardized the sustainability of the stock or the 
     safety of fishermen;
       ``(3) shall not confer any right of compensation to the 
     holder of such limited access privilege, quota share, or 
     other such limited access system authorization if it is 
     revoked, limited, or modified;
       ``(4) shall not create, or be construed to create, any 
     right, title, or interest in or to any fish before the fish 
     is harvested by the holder; and
       ``(5) shall be considered a grant of permission to the 
     holder of the limited access privilege or quota share to 
     engage in activities permitted by such limited access 
     privilege or quota share.
       ``(c) Requirements for Limited Access Privileges.--

[[Page 11706]]

       ``(1) In general.--Any limited access privilege program to 
     harvest fish submitted by a Council or approved by the 
     Secretary under this section shall--
       ``(A) if established in a fishery that is overfished or 
     subject to a rebuilding plan, assist in its rebuilding; and
       ``(B) if established in a fishery that is determined by the 
     Secretary or the Council to have over-capacity, contribute to 
     reducing capacity;
       ``(C) promote--
       ``(i) fishing safety; and
       ``(ii) fishery conservation and management;
       ``(D) prohibit any person other than a United States 
     citizen, a corporation, partnership, or other entity 
     established under the laws of the United States or any State, 
     or a permanent resident alien, that meets the eligibility and 
     participation requirements established in the program from 
     acquiring a privilege to harvest fish, including any person 
     that acquires a limited access privilege solely for the 
     purpose of perfecting or realizing on a security interest in 
     such privlege;
       ``(E) require that all fish harvested under a limited 
     access privilege program be processed on vessels of the 
     United States or on United States soil (including any 
     territory of the United States);
       ``(F) specify the goals of the program;
       ``(G) include provisions for the regular monitoring and 
     review by the Council and the Secretary of the operations of 
     the program, including determining progress in meeting the 
     goals of the program and this Act, and any necessary 
     modification of the program to meet those goals, with a 
     formal and detailed review 5 years after the establishment of 
     the program and every 5 years thereafter;
       ``(H) include an effective system for enforcement, 
     monitoring, and management of the program, including the use 
     of observers or electronic monitoring systems;
       ``(I) include an appeals process for administrative review 
     of the Secretary's decisions regarding initial allocation of 
     limited access privileges;
       ``(J) provide for the establishment by the Secretary, in 
     consultation with the Department of Justice and the Federal 
     Trade Commission, for an information collection and review 
     process to provide any additional information needed by the 
     Department of Justice and the Federal Trade Commission to 
     determine whether any illegal acts of anti-competition, anti-
     trust, price collusion, or price fixing have occurred among 
     regional fishery associations or persons receiving limited 
     access privileges under the program; and
       ``(K) provide for the revocation by the Secretary of 
     limited access privileges held by any person found to have 
     violated the antitrust laws of the United States.
       ``(2) Waiver.--The Secretary may waive the requirement of 
     paragraph (1)(E) if the Secretary determines that--
       ``(A) the fishery has historically processed the fish 
     outside of the United States; and
       ``(B) the United States has a seafood safety equivalency 
     agreement with the country where processing will occur.
       ``(3) Fishing communities.--
       ``(A) In general.--
       ``(i) Eligibility.--To be eligible to participate in a 
     limited access privilege program to harvest fish, a fishing 
     community shall--

       ``(I) be located within the management area of the relevant 
     Council;
       ``(II) meet criteria developed by the relevant Council, 
     approved by the Secretary, and published in the Federal 
     Register;
       ``(III) consist of residents who conduct commercial or 
     recreational fishing, processing, or fishery-dependent 
     support businesses within the Council's management area; and
       ``(IV) develop and submit a community sustainability plan 
     to the Council and the Secretary that demonstrates how the 
     plan will address the social and economic development needs 
     of fishing communities, including those that have not 
     historically had the resources to participate in the fishery, 
     for approval based on criteria developed by the Council that 
     have been approved by the Secretary and published in the 
     Federal Register.

       ``(ii) Failure to comply with plan.--The Secretary shall 
     deny limited access privileges granted under this section for 
     any person who fails to comply with the requirements of the 
     community sustainability plan.
       ``(B) Participation criteria.--In developing participation 
     criteria for eligible communities under this paragraph, a 
     Council shall consider--
       ``(i) traditional fishing or processing practices in, and 
     dependence on, the fishery;
       ``(ii) the cultural and social framework relevant to the 
     fishery;
       ``(iii) economic barriers to access to fishery;
       ``(iv) the existence and severity of projected economic and 
     social impacts associated with implementation of limited 
     access privilege programs on harvesters, captains, crew, 
     processors, and other businesses substantially dependent upon 
     the fishery in the region or subregion;
       ``(v) the expected effectiveness, operational transparency, 
     and equitability of the community sustainability plan; and
       ``(vi) the potential for improving economic conditions in 
     remote coastal communities lacking resources to participate 
     in harvesting or processing activities in the fishery.
       ``(4) Regional fishery associations.--
       ``(A) In general.--To be eligible to participate in a 
     limited access privilege program to harvest fish, a regional 
     fishery association shall--
       ``(i) be located within the management area of the relevant 
     Council;
       ``(ii) meet criteria developed by the relevant Council, 
     approved by the Secretary, and published in the Federal 
     Register;
       ``(iii) be a voluntary association with established by-laws 
     and operating procedures;
       ``(iv) consist of participants in the fishery who hold 
     quota share that are designated for use in the specific 
     region or subregion covered by the regional fishery 
     association, including commercial or recreational fishing, 
     processing, fishery-dependent support businesses, or fishing 
     communities;
       ``(v) not be eligible to receive an initial allocation of a 
     limited access privilege but may acquire such privileges 
     after the initial allocation, and may hold the annual fishing 
     privileges of any limited access privileges it holds or the 
     annual fishing privileges that is members contribute; and
       ``(vi) develop and submit a regional fishery association 
     plan to the Council and the Secretary for approval based on 
     criteria developed by the Council that have been approved by 
     the Secretary and published in the Federal Register.
       ``(B) Failure to comply with plan.--The Secretary shall 
     deny limited access privileges granted under this section to 
     any person participating in a regional fishery association 
     who fails to comply with the requirements of the regional 
     fishery association plan.
       ``(C) Participation Criteria.--In developing participation 
     criteria for eligible regional fishery associations under 
     this paragraph, a Council shall consider--
       ``(i) traditional fishing or processing practices in, and 
     dependence on, the fishery;
       ``(ii) the cultural and social framework relevant to the 
     fishery;
       ``(iii) economic barriers to access to fishery;
       ``(iv) the existence and severity of projected economic and 
     social impacts associated with implementation of limited 
     access privilege programs on harvesters, captains, crew, 
     processors, and other businesses substantially dependent upon 
     the fishery in the region or subregion;
       ``(v) the administrative and fiduciary soundness of the 
     association; and
       ``(vi) the expected effectiveness, operational 
     transparency, and equitability of the fishery association 
     plan.
       ``(5) Allocation.--In developing a limited access privilege 
     program to harvest fish a Council or the Secretary shall--
       ``(A) establish procedures to ensure fair and equitable 
     initial allocations, including consideration of--
       ``(i) current and historical harvests;
       ``(ii) employment in the harvesting and processing sectors;
       ``(iii) investments in, and dependence upon, the fishery; 
     and
       ``(iv) the current and historical participation of fishing 
     communities;
       ``(B) to the extent practicable, consider the basic 
     cultural and social framework of the fishery, especially 
     through--
       ``(i) the development of policies to promote the sustained 
     participation of small owner-operated fishing vessels and 
     fishing communities that depend on the fisheries, including 
     regional or port-specific landing or delivery requirements; 
     and
       ``(ii) procedures to address concerns over excessive 
     geographic or other consolidation in the harvesting or 
     processing sectors of the fishery;
       ``(C) include measures to assist, when necessary and 
     appropriate, entry-level and small vessel owner-operators, 
     captains, crew, and fishing communities through set-asides of 
     harvesting allocations, including providing privileges, which 
     may include set-asides or allocations of harvesting 
     privileges, or economic assistance in the purchase of limited 
     access privileges;
       ``(D) ensure that limited access privilege holders do not 
     acquire an excessive share of the total limited access 
     privileges in the program by--
       ``(i) establishing a maximum share, expressed as a 
     percentage of the total limited access privileges, that a 
     limited access privilege holder is permitted to hold, 
     acquire, or use; and
       ``(ii) establishing any other limitations or measures 
     necessary to prevent an inequitable concentration of limited 
     access privileges; and
       ``(E) authorize limited access privileges to harvest fish 
     to be held, acquired, used by, or issued under the system to 
     persons who substantially participate in the fishery, 
     including in a specific sector of such fishery, as specified 
     by the Council.
       ``(6) Program initiation.--
       ``(A) Limitation.--Except as provided in subparagraph (D), 
     a Council may initiate a fishery management plan or amendment 
     to establish a limited access privilege program to harvest 
     fish on its own initiative or if the Secretary has certified 
     an appropriate petition.

[[Page 11707]]

       ``(B) Petition.--A group of fishermen constituting more 
     than 50 percent of the permit holders, or holding more than 
     50 percent of the allocation, in the fishery for which a 
     limited access privilege program to harvest fish is sought, 
     may submit a petition to the Secretary requesting that the 
     relevant Council or Councils with authority over the fishery 
     be authorized to initiate the development of the program. Any 
     such petition shall clearly state the fishery to which the 
     limited access privilege program would apply. For 
     multispecies permits in the Gulf, only those participants who 
     have substantially fished the species proposed to be included 
     in the limited access program shall be eligible to sign a 
     petition for such a program and shall serve as the basis for 
     determining the percentage described in the first sentence of 
     this subparagraph.
       ``(C) Certification by secretary.--Upon the receipt of any 
     such petition, the Secretary shall review all of the 
     signatures on the petition and, if the Secretary determines 
     that the signatures on the petition represent more than 50 
     percent of the permit holders, or holders of more than 50 
     percent of the allocation in the fishery, as described by 
     subparagraph (B), the Secretary shall certify the petition to 
     the appropriate Council or Councils.
       ``(D) New england and gulf referendum.--
       ``(i) Except as provided in clause (iii) for the Gulf of 
     Mexico commercial red snapper fishery, the New England and 
     Gulf Councils may not submit, and the Secretary may not 
     approve or implement, a fishery management plan or amendment 
     that creates an individual fishing quota program, including a 
     Secretarial plan, unless such a system, as ultimately 
     developed, has been approved by more than \2/3\ of those 
     voting in a referendum among eligible permit holders with 
     respect to the New England Council, and by a majority of 
     those voting in the referendum among eligible permit holders 
     with respect to the Gulf Council. For multispecies permits in 
     the Gulf, only those participants who have substantially 
     fished the species proposed to be included in the individual 
     fishing quota program shall be eligible to vote in such a 
     referendum. If an individual fishing quota program fails to 
     be approved by the requisite number of those voting, it may 
     be revised and submitted for approval in a subsequent 
     referendum.
       ``(ii) The Secretary shall conduct a referendum under this 
     subparagraph, including notifying all persons eligible to 
     participate in the referendum and making available to them 
     information concerning the schedule, procedures, and 
     eligibility requirements for the referendum process and the 
     proposed individual fishing quota program. Within 1 year 
     after the date of enactment of the Magnuson-Stevens Fishery 
     Conservation and Management Reauthorization Act of 2006, the 
     Secretary shall publish guidelines and procedures to 
     determine procedures and voting eligibility requirements for 
     referenda and to conduct such referenda in a fair and 
     equitable manner.
       ``(iii) The provisions of section 407(c) of this Act shall 
     apply in lieu of this subparagraph for an individual fishing 
     quota program for the Gulf of Mexico commercial red snapper 
     fishery.
       ``(iv) Chapter 35 of title 44, United States Code, 
     (commonly known as the Paperwork Reduction Act) does not 
     apply to the referenda conducted under this subparagraph.
       ``(7) Transferability.--In establishing a limited access 
     privilege program, a Council shall--
       ``(A) establish a policy on the transferability of limited 
     access privileges (through sale or lease), that is consistent 
     with the policies adopted by the Council for the fishery 
     under paragraph (5); and
       ``(B) establish criteria for the approval and monitoring of 
     transfers (including sales and leases) of limited access 
     privileges.
       ``(8) Preparation and implementation of Secretarial 
     Plans.--This subsection also applies to a plan prepared and 
     implemented by the Secretary under section 304(c) or 304(g).
       ``(9) Antitrust savings clause.--Nothing in this Act shall 
     be construed to modify, impair, or supersede the operation of 
     any of the antitrust laws. For purposes of the preceding 
     sentence, the term `antitrust laws' has the meaning given 
     such term in subsection (a) of the first section of the 
     Clayton Act, except that such term includes section 5 of the 
     Federal Trade Commission Act to the extent that such section 
     5 applies to unfair methods of competition.
       ``(d) Auction and other programs.--In establishing a 
     limited access privilege program, a Council may consider, and 
     provide for, if appropriate, an auction system or other 
     program to collect royalties for the initial, or any 
     subsequent, distribution of allocations in a limited access 
     privilege program if--
       ``(1) the system or program is administered in such a way 
     that the resulting distribution of limited access privilege 
     shares meets the program requirements of this section; and
       ``(2) revenues generated through such a royalty program are 
     deposited in the Limited Access System Administration Fund 
     established by section 305(h)(5)(B) and available subject to 
     annual appropriations.
       ``(e) Cost Recovery.--In establishing a limited access 
     privilege program, a Council shall--
       ``(1) develop a methodology and the means to identify and 
     assess the management, data collection and analysis, and 
     enforcement programs that are directly related to and in 
     support of the program; and
       ``(2) provide, under section 304(d)(2), for a program of 
     fees paid by limited access privilege holders that will cover 
     the costs of management, data collection and analysis, and 
     enforcement activities.
       ``(f) Limited Duration.--In establishing a limited access 
     privilege program after the date of enactment of the 
     Magnuson-Stevens Fishery Conservation and Management 
     Reauthorization Act of 2006, a Council may establish--
       ``(1) a set term after which any initial or subsequent 
     allocation of a limited access privilege shall expire;
       ``(2) different set terms within a fishery if the Council 
     determines that variation of terms will further management 
     goals; and
       ``(3) a mechanism under which participants in and entrants 
     to the program may acquire or reacquire allocations.
       ``(g) Limited Access Privilege Assisted Purchase Program.--
       ``(1) In general.--A Council may submit, and the Secretary 
     may approve and implement, a program which reserves up to 25 
     percent of any fees collected from a fishery under section 
     304(d)(2) to be used, pursuant to section 1104A(a)(7) of the 
     Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), to 
     issue obligations that aid in financing--
       ``(A) the purchase of limited access privileges in that 
     fishery by fishermen who fish from small vessels; and
       ``(B) the first-time purchase of limited access privileges 
     in that fishery by entry level fishermen.
       ``(2) Eligibility criteria.--A Council making a submission 
     under paragraph (1) shall recommend criteria, consistent with 
     the provisions of this Act, that a fisherman must meet to 
     qualify for guarantees under subparagraphs (A) and (B) of 
     paragraph (1) and the portion of funds to be allocated for 
     guarantees under each subparagraph.
       ``(h) Effect on Certain Existing Shares and Programs.--
     Nothing in this Act, or the amendments made by the Magnuson-
     Stevens Fishery Conservation and Management Reauthorization 
     Act of 2006, shall be construed to require a reallocation or 
     a reevaluation of individual quota shares, processor quota 
     shares, cooperative programs, or other quota programs, 
     including sector allocation in effect before the date of 
     enactment of the Magnuson-Stevens Fishery Conservation and 
     Management Reauthorization Act of 2006.
       ``(i) Transition Rule.--The requirements of this section 
     shall not apply to any quota program, including any 
     individual quota program, cooperative program, or sector 
     allocation placed on a Council agenda for final action, 
     submitted by a Council to the Secretary, or approved by the 
     Secretary or by Congressional action, within 60 days after 
     the date of enactment of the Magnuson-Stevens Fishery 
     Conservation and Management Reauthorization Act of 2006, 
     except that--
       ``(1) the requirements of section 303(d) of this Act in 
     effect on the day before the date of enactment of that Act 
     shall apply to any such program;
       ``(2) the program shall be subject to review under 
     subsection (c)(1)(G) of this section not later than 5 years 
     after the program approval; and
       ``(3) nothing in this subsection precludes a Council from 
     incorporating criteria contained in this section into any 
     such plans.''.
       (b) Fees.--Section 304(d)(2)(A) (16 U.S.C. 1854(d)(2)(A)) 
     is amended by striking ``management and enforcement'' and 
     inserting ``management, data collection, and enforcement''.
       (c) Investment in United States Seafood Processing 
     Facilities.--The Secretary of Commerce shall work with the 
     Small Business Administration and other Federal agencies to 
     develop financial and other mechanisms to encourage United 
     States investment in seafood processing facilities in the 
     United States for fisheries that lack capacity needed to 
     process fish harvested by United States vessels in compliance 
     with the Magnuson--Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.).
       (d) Conforming Amendment.--Section 304(d)(2)(C)(i) (16 
     U.S.C. 1854(d)(2)(C)(i)) is amended by striking ``section 
     305(h)(5)(B)'' and all that follows and inserting ``section 
     305(h)(5)(B).''.
       (e) Application with American Fisheries Act.--Nothing in 
     section 303A of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.), as added by 
     subsection (a), shall be construed to modify or supersede any 
     provision of the American Fisheries Act (46 U.S.C. 12102 
     note; 16 U.S.C. 1851 note; et alia).

     SEC. 107. ENVIRONMENTAL REVIEW PROCESS.

       Section 304 (16 U.S.C. 1854) is amended by adding at the 
     end the following:
       ``(i) Environmental Review Process.--
       ``(1) Procedures.--The Secretary shall, in consultation 
     with the Councils and the Council on Environmental Quality, 
     revise and update agency procedures for compliance with the 
     National Environmental Policy Act (42 U.S.C. 4231 et seq.). 
     The procedures shall--

[[Page 11708]]

       ``(A) conform to the time lines for review and approval of 
     fishery management plans and plan amendments under this 
     section; and
       ``(B) integrate applicable environmental analytical 
     procedures, including the time frames for public input, with 
     the procedure for the preparation and dissemination of 
     fishery management plans, plan amendments, and other actions 
     taken or approved pursuant to this Act in order to provide 
     for timely, clear and concise analysis that is useful to 
     decision makers and the public, reduce extraneous paperwork, 
     and effectively involve the public.
       ``(2) Usage.--The updated agency procedures promulgated in 
     accordance with this section used by the Councils or the 
     Secretary shall be the sole environmental impact assessment 
     procedure for fishery management plans, amendments, 
     regulations, or other actions taken or approved pursuant to 
     this Act.
       ``(3) Schedule for promulgation of final procedures.--The 
     Secretary shall--
       ``(A) propose revised procedures within 12 months after the 
     date of enactment of the Magnuson-Stevens Fishery 
     Conservation and Management Reauthorization Act of 2006;
       ``(B) provide 90 days for public review and comments; and
       ``(C) promulgate final procedures no later than 18 months 
     after the date of enactment of that Act.
       ``(4) Public participation.--The Secretary is authorized 
     and directed, in cooperation with the Council on 
     Environmental Quality and the Councils, to involve the 
     affected public in the development of revised procedures, 
     including workshops or other appropriate means of public 
     involvement.''.

     SEC. 108. EMERGENCY REGULATIONS.

       (a) Lengthening of Second Emergency Period.--Section 
     305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) is amended by striking 
     ``180 days,'' the second time it appears and inserting ``186 
     days,''.
       (b) Technical Amendment.--Section 305(c)(3)(D) (16 U.S.C. 
     1855(c)(3)(D)) is amended by inserting ``or interim 
     measures'' after ``emergency regulations''.

     SEC. 109. WESTERN PACIFIC COMMUNITY DEVELOPMENT.

       Section 305 (16 U.S.C. 1855) is amended by adding at the 
     end thereof the following:
       ``(j) Western Pacific Regional Marine Education and 
     Training.--
       ``(1) In general.--The Secretary shall establish a pilot 
     program for regionally-based marine education and training 
     programs in the Western Pacific to foster understanding, 
     practical use of knowledge (including native Hawaiian and 
     other Pacific Islander-based knowledge), and technical 
     expertise relevant to stewardship of living marine resources. 
     The Secretary shall, in cooperation with the Western Pacific 
     Regional Fishery Management Council, regional educational 
     institutions, and local Western Pacific community training 
     entities, establish programs or projects that will improve 
     communication, education, and training on marine resource 
     issues throughout the region and increase scientific 
     education for marine-related professions among coastal 
     community residents, including indigenous Pacific islanders, 
     Native Hawaiians and other underrepresented groups in the 
     region.
       ``(2) Program components.--The program shall--
       ``(A) include marine science and technology education and 
     training programs focused on preparing community residents 
     for employment in marine related professions, including 
     marine resource conservation and management, marine science, 
     marine technology, and maritime operations;
       ``(B) include fisheries and seafood-related training 
     programs, including programs for fishery observers, seafood 
     safety and seafood marketing, focused on increasing the 
     involvement of coastal community residents in fishing, 
     fishery management, and seafood-related operations;
       ``(C) include outreach programs and materials to educate 
     and inform consumers about the quality and sustainability of 
     wild fish or fish products farmed through responsible 
     aquaculture, particularly in Hawaii and the Western Pacific;
       ``(D) include programs to identify, with the fishing 
     industry, methods and technologies that will improve the data 
     collection, quality, and reporting and increase the 
     sustainability of fishing practices, and to transfer such 
     methods and technologies among fisheries sectors and to other 
     nations in the Western and Central Pacific;
       ``(E) develop means by which local and traditional 
     knowledge (including Pacific islander and Native Hawaiian 
     knowledge) can enhance science-based management of fishery 
     resources of the region; and
       ``(F) develop partnerships with other Western Pacific 
     Island agencies, academic institutions, and other entities to 
     meet the purposes of this section.''.

     SEC. 110. WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM.

       Section 305(i)(1) (16 U.S.C. 1855(i)(1)) is amended--
       (1) by striking ``To'' in subparagraph (B) and inserting 
     ``Except as provided in subparagraph (E), to''; and
       (2) by adding at the end the following:
       ``(E) A community shall be eligible to participate in the 
     western Alaska community development quota program under 
     subparagraph (A) if the community was--
       ``(i) listed in table 7 to part 679 of title 50, Code of 
     Federal Regulations, as in effect on January 1, 2004; or
       ``(ii) approved by the National Marine Fisheries Service on 
     April 19, 1999.''.

     SEC. 111. SECRETARIAL ACTION ON STATE GROUNDFISH FISHING.

       Section 305 (16 U.S.C. 1855), as amended by section 109, is 
     further amended by adding at the end thereof the following:
       ``(k) Multispecies Groundfish.--Within 60 days after the 
     date of enactment of the Magnuson-Stevens Fishery 
     Conservation and Management Reauthorization Act of 2006, the 
     Secretary of Commerce shall determine whether fishing in 
     State waters without a New England multispecies groundfish 
     fishery permit on regulated species within the multispecies 
     complex is not consistent with the applicable Federal fishery 
     management plan. If the Secretary makes a determination that 
     such actions are not consistent with the plan, the Secretary 
     shall, in consultation with the Council, and after notifying 
     the affected State, develop and implement measures to cure 
     the inconsistency pursuant to section 306(b).''.

     SEC. 112. JOINT ENFORCEMENT AGREEMENTS.

       (a) In General.--Section 311 (16 U.S.C. 1861) is amended--
       (1) by striking ``and'' after the semicolon in subsection 
     (b)(1)(A)(iv);
       (2) by inserting ``and'' after the semicolon in subsection 
     (b)(1)(A)(v);
       (3) by inserting after clause (v) of subsection (b)(1)(A) 
     the following:
       ``(vi) access, directly or indirectly, for enforcement 
     purposes any data or information required to be provided 
     under this title or regulations under this title, including 
     data from Global Maritime Distress and Safety Systems, vessel 
     monitoring systems, or any similar system, subject to the 
     confidentiality provisions of section 402;'';
       (4) by redesignating subsection (h) as subsection (j); and
       (5) by inserting after subsection (g) the following:
       ``(h) Joint Enforcement Agreements.--
       ``(1) In general.--The Governor of an eligible State may 
     apply to the Secretary for execution of a joint enforcement 
     agreement with the Secretary that will authorize the 
     deputization and funding of State law enforcement officers 
     with marine law enforcement responsibilities to perform 
     duties of the Secretary relating to law enforcement 
     provisions under this title or any other marine resource law 
     enforced by the Secretary. Upon receiving an application 
     meeting the requirements of this subsection, the Secretary 
     may enter into a joint enforcement agreement with the 
     requesting State.
       ``(2) Eligible state.--A State is eligible to participate 
     in the cooperative enforcement agreements under this section 
     if it is in, or bordering on, the Atlantic Ocean (including 
     the Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the 
     Gulf of Mexico, Long Island Sound, or 1 or more of the Great 
     Lakes.
       ``(3) Requirements.--Joint enforcement agreements executed 
     under paragraph (1)--
       ``(A) shall be consistent with the purposes and intent of 
     this section to the extent applicable to the regulated 
     activities;
       ``(B) may include specifications for joint management 
     responsibilities as provided by the first section of Public 
     Law 91-412 (15 U.S.C. 1525); and
       ``(C) shall provide for confidentiality of data and 
     information submitted to the State under section 402.
       ``(4) Allocation of funds.--The Secretary shall include in 
     each joint enforcement agreement an allocation of funds to 
     assist in management of the agreement. The allocation shall 
     be fairly distributed among all eligible States participating 
     in cooperative enforcement agreements under this subsection, 
     based upon consideration of Federal marine enforcement needs, 
     the specific marine conservation enforcement needs of each 
     participating eligible State, and the capacity of the State 
     to undertake the marine enforcement mission and assist with 
     enforcement needs. The agreement may provide for amounts to 
     be withheld by the Secretary for the cost of any technical or 
     other assistance provided to the State by the Secretary under 
     the agreement.
       ``(i) Improved Data Sharing.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, as soon as practicable but no later than 21 months 
     after the date of enactment of the Magnuson-Stevens Fishery 
     Conservation and Management Reauthorization Act of 2006, the 
     Secretary shall implement data-sharing measures to make any 
     data required to be provided by this Act from Global Maritime 
     Distress and Safety Systems, vessel monitoring systems, or 
     similar systems--
       ``(A) directly accessible by State enforcement officers 
     authorized under subsection (a) of this section; and
       ``(B) available to a State management agency involved in, 
     or affected by, management of a fishery if the State has 
     entered into an agreement with the Secretary under section 
     402(b)(1)(B) of this Act.
       ``(2) Agreement required.--The Secretary shall promptly 
     enter into an agreement with a State under section 
     402(b)(1)(B) of this Act if--

[[Page 11709]]

       ``(A) the Attorney General or highest ranking legal officer 
     of the State provides a written opinion or certification that 
     State law allows the State to maintain the confidentiality of 
     information required by Federal law to be kept confidential; 
     or
       ``(B) the Secretary is provided other reasonable assurance 
     that the State can and will protect the identity or business 
     of any person to which such information relates.''.
       (b) Report on Using GMDSS for Fishery Purposes.--Within 15 
     months after the date of enactment of this Act, the National 
     Marine Fisheries Service and the United States Coast Guard 
     shall transmit a joint report to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Resources containing--
       (1) a cost-to-benefit analysis of the feasibility, value, 
     and cost of using the Global Maritime Distress and Safety 
     Systems, vessel monitoring systems, or similar systems for 
     fishery management, conservation, enforcement, and safety 
     purposes with the Federal government bearing the capital 
     costs of any such system;
       (2) an examination of the cumulative impact of existing 
     requirements for commercial vessels;
       (3) an examination of whether the Global Maritime Distress 
     and Safety Systems or similar requirements would overlap 
     existing requirements or render them redundant;
       (4) an examination of how data integration from such 
     systems could be addressed;
       (5) an examination of how to maximize the data-sharing 
     opportunities between relevant State and Federal agencies and 
     provide specific information on how to develop these 
     opportunities, including the provision of direct access to 
     the Global Maritime Distress and Safety Systems or similar 
     system data to State enforcement officers, while considering 
     the need to maintain or provide an appropriate level of 
     individual vessel confidentiality where practicable; and
       (6) an assessment of how the Global Maritime Distress and 
     Safety Systems or similar systems could be developed, 
     purchased, and distributed to regulated vessels.

     SEC. 113. TRANSITION TO SUSTAINABLE FISHERIES.

       (a) In General.--Section 312 (16 U.S.C. 1861a) is amended--
       (1) by striking ``measures;'' in subsection (a)(1)(B) and 
     inserting ``measures, including regulatory restrictions 
     (including those imposed as a result of judicial action) 
     imposed to protect human health or the marine environment;'';
       (2) by striking ``1996, 1997, 1998, and 1999.'' in 
     subsection (a)(4) and inserting ``2006 through 2012.'';
       (3) by striking ``or the Governor of a State for fisheries 
     under State authority, may conduct a fishing'' in subsection 
     (b)(1) and inserting ``the Governor of a State for fisheries 
     under State authority, or a majority of permit holders in the 
     fishery, may conduct a voluntary fishing'';
       (4) by inserting ``practicable'' after ``entrants,'' in 
     subsection (b)(1)(B)((i);
       (5) by striking ``cost-effective and'' in subsection 
     (b)(1)C) and inserting ``cost-effective and, in the instance 
     of a program involving an industry fee system, 
     prospectively'';
       (6) by striking subparagraph (A) of subsection (b)(2) and 
     inserting the following:
       ``(A) the owner of a fishing vessel, if the permit 
     authorizing the participation of the vessel in the fishery is 
     surrendered for permanent revocation and the vessel owner and 
     permit holder relinquish any claim associated with the vessel 
     or permit that could qualify such owner or holder for any 
     present or future limited access system permit in the fishery 
     for which the program is established and such vessel is (i) 
     scrapped, or (ii) through the Secretary of the department in 
     which the Coast Guard is operating, subjected to title 
     restrictions (including loss of the vessel's fisheries 
     endorsement) that permanently prohibit and effectively 
     prevent its use in fishing in federal or state waters, or 
     fishing on the high seas or in the waters of a foreign 
     nation; or'';
       (7) by striking ``The Secretary shall consult, as 
     appropriate, with Councils,'' in subsection (b)(4) and 
     inserting ``The harvester proponents of each program and the 
     Secretary shall consult, as appropriate and practicable, with 
     Councils,'';
       (8) by striking ``Secretary, at the request of the 
     appropriate Council,'' in subsection (d)(1)(A) and inserting 
     ``Secretary'';
       (9) by striking ``Secretary, in consultation with the 
     Council,'' in subsection (d)(1)(A) and inserting 
     ``Secretary'';
       (10) by striking ``a two-thirds majority of the 
     participants voting.'' in subsection (d)(1)(B) and inserting 
     ``at least a majority of the permit holders in the fishery, 
     or 50 percent of the permitted allocation of the fishery, who 
     participated in the fishery.'';
       (11) by striking ``establish;'' in subsection (d)(2)((C) 
     and inserting ``establish, unless the Secretary determines 
     that such fees should be collected from the seller;'' and
       (12) striking subsection (e) and inserting the following:
       ``(e) Implementation Plan.--
       ``(1) Framework regulations.--The Secretary shall propose 
     and adopt framework regulations applicable to the 
     implementation of all programs under this section.
       ``(2) Program regulations.--The Secretary shall implement 
     each program under this section by promulgating regulations 
     that, together with the framework regulations, establish each 
     program and control its implementation.
       ``(3) Harvester proponents' implementation plan.--The 
     Secretary may not propose implementation regulations for a 
     program to be paid for by an industry fee system until the 
     harvester proponents of the program provide to the Secretary 
     a proposed implementation plan that, among other matters--
       ``(A) proposes the types and numbers of vessels or permits 
     that are eligible to participate in the program and the 
     manner in which the program shall proceed, taking into 
     account--
       ``(i) the requirements of this section;
       ``(ii) the requirements of the framework regulations;
       ``(iii) the characteristics of the fishery;
       ``(iv) the requirements of the applicable fishery 
     management plan and any amendment that such plan may require 
     to support the proposed program;
       ``(v) the general needs and desires of harvesters in the 
     fishery;
       ``(vi) the need to minimize program costs; and
       ``(vii) other matters, including the manner in which such 
     proponents propose to fund the program to ensure its cost 
     effectiveness, as well as any relevant factors demonstrating 
     the potential for, or necessary to obtain, the support and 
     general cooperation of a substantial number of affected 
     harvesters in the fishery (or portion of the fishery) for 
     which the program is intended; and
       ``(B) proposes procedures for program participation (such 
     as submission of owner bids under an auction system or fair 
     market-value assessment), including any terms and conditions 
     for participation, that the harvester proponents deem to be 
     reasonably necessary to meet the program's proposed 
     objectives.
       ``(4) Participation contracts.--The Secretary shall 
     contract with each person participating in a program, and 
     each such contract shall, in addition to including such other 
     matters as the Secretary deems necessary and appropriate to 
     effectively implement each program (including penalties for 
     contract non-performance) be consistent with the framework 
     and implementing regulations and all other applicable law.
       ``(5) Reduction auctions.--Each program not involving fair 
     market assessment shall involve a reduction auction that 
     scores the reduction price of each bid offer by the data 
     relevant to each bidder under an appropriate fisheries 
     productivity factor. If the Secretary accepts bids, the 
     Secretary shall accept responsive bids in the rank order of 
     their bid scores, starting with the bid whose reduction price 
     is the lowest percentage of the productivity factor, and 
     successively accepting each additional responsive bid in rank 
     order until either there are no more responsive bids or 
     acceptance of the next bid would cause the total value of 
     bids accepted to exceed the amount of funds available for the 
     program.
       ``(6) Bid invitations.--Each program shall proceed by the 
     Secretary issuing invitations to bid setting out the terms 
     and conditions for participation consistent with the 
     framework and implementing regulations. Each bid that the 
     Secretary receives in response to the invitation to bid shall 
     constitute an irrevocable offer from the bidder.''.
       (b) Technical Amendment.--Sections 116, 203, 204, 205, and 
     206 of the Sustainable Fisheries Act are deemed to have added 
     sections 312, 402, 403, 404, and 405, respectively to the Act 
     as of the date of enactment of the Sustainable Fisheries Act.

     SEC. 114. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, 
                   AND RECOVERY PROGRAM.

       (a) In General.--Title III (16 U.S.C. 1851 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 315. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, 
                   AND RECOVERY PROGRAM.

       ``(a) In General.--When there is a catastrophic regional 
     fishery disaster the Secretary may, upon the request of, and 
     in consultation with, the Governors of affected States, 
     establish a regional economic transition program to provide 
     immediate disaster relief assistance to the fishermen, 
     charter fishing operators, United States fish processors, and 
     owners of related fishery infrastructure affected by the 
     disaster.
       ``(b) Program Components.--
       ``(1) In general.--Subject to the availability of 
     appropriations, the program shall provide funds or other 
     economic assistance to affected entities, or to governmental 
     entities for disbursement to affected entities, for--
       ``(A) meeting immediate regional shoreside fishery 
     infrastructure needs, including processing facilities, cold 
     storage facilities, ice houses, docks, including temporary 
     docks and storage facilities, and other related shoreside 
     fishery support facilities and infrastructure;
       ``(B) financial assistance and job training assistance for 
     fishermen who wish to remain in a fishery in the region that 
     may be temporarily closed as a result of environmental or 
     other effects associated with the disaster;

[[Page 11710]]

       ``(C) funding, pursuant to the requirements of section 
     312(b), to fishermen who are willing to scrap a fishing 
     vessel and permanently surrender permits for fisheries named 
     on that vessel; and
       ``(D) any other activities authorized under section 312(a) 
     of this Act or section 308(d) of the Interjurisdictional 
     Fisheries Act of 1986 (16 U.S.C. 4107(d)).
       ``(2) Job training.--Any fisherman who decides to scrap a 
     fishing vessel under the program shall be eligible for job 
     training assistance.
       ``(3) State participation obligation.--The participation by 
     a State in the program shall be conditioned upon a commitment 
     by the appropriate State entity to ensure that the relevant 
     State fishery meets the requirements of section 312(b) of 
     this Act to ensure excess capacity does not re-enter the 
     fishery.
       ``(4) No matching required.--The Secretary may waive the 
     matching requirements of section 312 of this Act, section 308 
     of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 
     4107), and any other provision of law under which the Federal 
     share of the cost of any activity is limited to less than 100 
     percent if the Secretary determines that--
       ``(A) no reasonable means are available through which 
     applicants can meet the matching requirement; and
       ``(B) the probable benefit of 100 percent Federal financing 
     outweighs the public interest in imposition of the matching 
     requirement.
       ``(5) Net revenue limit inapplicable.--Section 308(d)(3) of 
     the Interjurisdictional Fisheries Act (16 U.S.C. 4107(d)(3)) 
     shall not apply to assistance under this section.
       ``(c) Regional Impact Evaluation.--Within 2 months after a 
     catastrophic regional fishery disaster the Secretary shall 
     provide the Governor of each State participating in the 
     program a comprehensive economic and socio-economic 
     evaluation of the affected region's fisheries to assist the 
     Governor in assessing the current and future economic 
     viability of affected fisheries, including the economic 
     impact of foreign fish imports and the direct, indirect, or 
     environmental impact of the disaster on the fishery and 
     coastal communities.
       ``(d) Catastrophic Regional Fishery Disaster Defined.--In 
     this section the term `catastrophic regional fishery 
     disaster' means a natural disaster, including a hurricane or 
     tsunami, or a regulatory closure (including regulatory 
     closures resulting from judicial action) to protect human 
     health or the marine environment, that--
       ``(1) results in economic losses to coastal or fishing 
     communities;
       ``(2) affects more than 1 State or a major fishery managed 
     by a Council or interstate fishery commission; and
       ``(3) is determined by the Secretary to be a commercial 
     fishery failure under section 312(a) of this Act or a fishery 
     resource disaster or section 308(d) of the 
     Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 
     4107(d)).''.
       (b) Salmon Plan and Study.--
       (1) Recovery plan.--Not later than 6 months after the date 
     of enactment of this Act, the Secretary of Commerce shall 
     complete a recovery plan for Klamath River Coho salmon and 
     make it available to the public.
       (2) Annual report.--Not later than 2 years after the date 
     of enactment of this Act, and annually thereafter, the 
     Secretary of Commerce shall submit a report to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Resources on--
       (A) the actions taken under the recovery plan and other law 
     relating to recovery of Klamath River Coho salmon, and how 
     those actions are specifically contributing to its recovery;
       (B) the progress made on the restoration of salmon spawning 
     habitat, including water conditions as they relate to salmon 
     health and recovery, with emphasis on the Klamath River and 
     its tributaries below Iron Gate Dam;
       (C) the status of other Klamath River anadromous fish 
     populations, particularly Chinook salmon; and
       (D) the actions taken by the Secretary to address the 
     calendar year 2003 National Research Council recommendations 
     regarding monitoring and research on Klamath River Basin 
     salmon stocks.
       (c) Oregon and California Salmon Fishery.--Federally 
     recognized Indian tribes and small businesses, including 
     fishermen, fish processors, and related businesses serving 
     the fishing industry, adversely affected by Federal closures 
     and fishing restrictions in the Oregon and California 2006 
     fall Chinook salmon fishery are eligible to receive direct 
     assistance under section 312(a) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1861a(a)) 
     and section 308(d) of the Interjurisdictional Fisheries Act 
     of 1986 (16 U.S.C. 4107(d)). The Secretary may use no more 
     than 4 percent of any monetary assistance to pay for 
     administrative costs.

     SEC. 115. FISHERY FINANCE PROGRAM HURRICANE ASSISTANCE.

       (a) Loan Assistance.--Subject to availability of 
     appropriations, the Secretary of Commerce shall provide 
     assistance to eligible holders of fishery finance program 
     loans and allocate such assistance among eligible holders 
     based upon their outstanding principal balances as of 
     December 2, 2005, for any of the following purposes:
       (1) To defer principal payments on the debt for 1 year and 
     re-amortize the debt over the remaining term of the loan.
       (2) To allow for an extension of the term of the loan for 
     up to 1 year beyond the remaining term of the loan, or 
     September 30, 2013, whichever is later.
       (3) To pay the interest costs for such loans over fiscal 
     years 2006 through 2012, not to exceed amounts authorized 
     under subsection (d).
       (4) To provide opportunities for loan forgiveness, as 
     specified in subsection (c).
       (b) Loan Forgiveness.--
       (1) In general.--Upon application made by an eligible 
     holder of a fishery finance program loan, made at such time, 
     in such manner, and containing such information as the 
     Secretary may require, the Secretary, on a calendar year 
     basis beginning in 2005, may--
       (A) offset against the outstanding balance on the loan an 
     amount equal to the sum of the amounts expended by the holder 
     during the calendar year to repair or replace covered vessels 
     or facilities, or to invest in new fisheries infrastructure 
     within or for use within the declared fisheries disaster 
     area; or
       (B) cancel the amount of debt equal to 100 hundred percent 
     of actual expenditures on eligible repairs, reinvestment, 
     expansion, or new investment in fisheries infrastructure in 
     the disaster region, or repairs to, or replacement of, 
     eligible fishing vessels.
       (c) Definitions.--In this section:
       (1) Declared fisheries disaster area.--The term ``declared 
     fisheries disaster area'' means fisheries located in the 
     major disaster area designated by the President under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) as a result of Hurricane Katrina 
     or Hurricane Rita.
       (2) Eligible holder.--The term ``eligible holder'' means 
     the holder of a fishery finance program loan if--
       (A) that loan is used to guarantee or finance any fishing 
     vessel or fish processing facility home-ported or located 
     within the declared fisheries disaster area; and
       (B) the holder makes expenditures to repair or replace such 
     covered vessels or facilities, or invests in new fisheries 
     infrastructure within or for use within the declared 
     fisheries disaster area, to restore such facilities following 
     the disaster.
       (3) Fishery finance program loan.--The term ``fishery 
     finance program loan'' means a loan made or guaranteed under 
     the fishery finance program under title XI of the Merchant 
     Marine Act, 1936, (46 U.S.C. App. 1271 et seq,).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Commerce for the 
     purposes of this section not more than $15,000,000 for each 
     eligible holder for the period beginning with fiscal year 
     2006 through fiscal year 2012.

     SEC. 116. SHRIMP FISHERIES HURRICANE ASSISTANCE PROGRAM.

       (a) In General.--The Secretary of Commerce shall establish 
     an assistance program for the Gulf of Mexico shrimp fishing 
     industry.
       (b) Allocation of Funds.--Under the program, the Secretary 
     shall allocate funds appropriated to carry out the program 
     among the States of Alabama, Louisiana, Florida, Mississippi, 
     and Texas in proportion to the percentage of the shrimp catch 
     landed by each State, except that the amount allocated to 
     Florida shall be based exclusively on the proportion of such 
     catch landed by the Florida Gulf Coast fishery.
       (c) Use of Funds.--Of the amounts made available to each 
     State under the program--
       (1) 2 percent shall be retained by the State to be used for 
     the distribution of additional payments to fishermen with a 
     demonstrated record of compliance with turtle excluder and 
     bycatch reduction device regulations; and
       (2) the remainder of the amounts shall be used for--
       (A) personal assistance, with priority given to food, 
     energy needs, housing assistance, transportation fuel, and 
     other urgent needs;
       (B) assistance for small businesses, including fishermen, 
     fish processors, and related businesses serving the fishing 
     industry;
       (C) domestic product marketing and seafood promotion;
       (D) State seafood testing programs;
       (E) the development of limited entry programs for the 
     fishery;
       (F) funding or other incentives to ensure widespread and 
     proper use of turtle excluder devices and bycatch reduction 
     devices in the fishery; and
       (G) voluntary capacity reduction programs for shrimp 
     fisheries under limited access programs.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Commerce $17,500,000 
     for fiscal years 2006 through 2011 to carry out this section.

     SEC. 117. BYCATCH REDUCTION ENGINEERING PROGRAM.

       Title III (16 U.S.C. 1851 et seq.), as amended by section 
     114 of this Act, is further amended by adding at the end the 
     following:

[[Page 11711]]



     ``SEC. 316. BYCATCH REDUCTION ENGINEERING PROGRAM.

       ``(a) Bycatch Reduction Engineering Program.--Not later 
     than 1 year after the date of enactment of the Magnuson-
     Stevens Fishery Conservation and Management Reauthorization 
     Act of 2006, the Secretary, in cooperation with the Councils 
     and other affected interests, and based upon the best 
     scientific information available, shall establish a bycatch 
     reduction program to develop technological devices and other 
     conservation engineering changes designed to minimize 
     bycatch, seabird bycatch, bycatch mortality, and post-release 
     mortality in Federally managed fisheries. The program shall--
       ``(1) be regionally based;
       ``(2) be coordinated with projects conducted under the 
     cooperative research and management program established under 
     this Act;
       ``(3) provide information and outreach to fishery 
     participants that will encourage adoption and use of 
     technologies developed under the program; and
       ``(4) provide for routine consultation with the Councils in 
     order to maximize opportunities to incorporate results of the 
     program in Council actions and provide incentives for 
     adoption of methods developed under the program in fishery 
     management plans developed by the Councils.
       ``(b) Incentives.--Any fishery management plan prepared by 
     a Council or by the Secretary may establish a system of 
     incentives to reduce total bycatch and seabird bycatch 
     amounts, bycatch rates, and post-release mortality in 
     fisheries under the Council's or Secretary's jurisdiction, 
     including--
       ``(1) measures to incorporate bycatch into quotas, 
     including the establishment of collective or individual 
     bycatch quotas;
       ``(2) measures to promote the use of gear with verifiable 
     and monitored low bycatch and seabird bycatch rates; and
       ``(3) measures that, based on the best scientific 
     information available, will reduce bycatch and seabird 
     bycatch, bycatch mortality, post-release mortality, or 
     regulatory discards in the fishery.
       ``(c) Coordination on Seabird Bycatch.--The Secretary, in 
     coordination with the Secretary of Interior, is authorized to 
     undertake projects in cooperation with industry to improve 
     information and technology to reduce seabird bycatch, 
     including--
       ``(1) outreach to industry on new technologies and methods; 
     and
       ``(2) projects to mitigate for seabird mortality.''.

     SEC. 118. COMMUNITY-BASED RESTORATION PROGRAM FOR FISHERY AND 
                   COASTAL HABITATS.

       (a) In General.--The Secretary of Commerce shall establish 
     a community-based fishery and coastal habitat restoration 
     program to implement and support the restoration of fishery 
     and coastal habitats.
       (b) Authorized Activities.--In carrying out the program, 
     the Secretary may--
       (1) provide funding and technical expertise to fishery and 
     coastal communities to assist them in restoring fishery and 
     coastal habitat;
       (2) advance the science and monitoring of coastal habitat 
     restoration;
       (3) transfer restoration technologies to the private 
     sector, the public, and other governmental agencies;
       (4) develop public-private partnerships to accomplish sound 
     coastal restoration projects;
       (5) promote significant community support and volunteer 
     participation in fishery and coastal habitat restoration;
       (6) promote stewardship of fishery and coastal habitats; 
     and
       (7) leverage resources through national, regional, and 
     local public-private partnerships.

     SEC. 119. PROHIBITED ACTS.

       Section 307(1) (16 U.S.C. 1857(1)) is amended--
       (1) by striking ``or'' after the semicolon in subparagraph 
     (O);
       (2) by striking ``carcass.'' in subparagraph (P) and 
     inserting ``carcass;''; and
       (3) by inserting after subparagraph (P) and before the last 
     sentence the following:
       ``(Q) to import, export, transport, sell, receive, acquire, 
     or purchase in interstate or foreign commerce any fish taken, 
     possessed, transported, or sold in violation of any foreign 
     law or regulation; or
       ``(R) to use any fishing vessel to engage in fishing in 
     Federal or State waters, or on the high seas or in the waters 
     of another country, after the Secretary has made a payment to 
     the owner of that fishing vessel under section 312(b)(2).''.

     SEC. 120. ENFORCEMENT.

       (a) Civil Enforcement.--Section 308 (16 U.S.C. 1858) is 
     amended--
       (1) by striking ``$100,000'' in subsection (a) and 
     inserting ``$240,000'';
       (2) by striking ``this section,'' in subsection (f) and 
     inserting ``this Act (or any other marine resource law 
     enforced by the Secretary),'';
       (3) by inserting ``a permit, or any interest in a permit,'' 
     in subsection (g)(3) after ``vessel,'' each place it appears;
       (4) by striking ``the vessel'' in subsection (g)(3) and 
     inserting ``the vessel, permit, or interest'';
       (5) by inserting ``or any amount in settlement of a civil 
     forfeiture,'' after ``criminal fine,'' in subsection (g)(4); 
     and
       (6) by striking ``penalty or fine'' in subsection (g)(4) 
     and inserting ``penalty, fine, or settlement amount''.
       (b) Criminal Penalties.--Section 309 (16 U.S.C. 1859) is 
     amended to read as follows:

     ``SEC. 309. CRIMINAL PENALTIES.

       ``(a) Fines and Imprisonment.--
       ``(1) In general.--Any person (other than a foreign 
     government or entity thereof) who knowingly violates 
     subparagraph (D), (E), (F), (H), (I), or (L) of paragraph (1) 
     of section 307, or paragraph (2) of section 307, shall be 
     imprisoned for not more than 5 years and fined--
       ``(A) not more than $500,000 if such person is an 
     individual; or
       ``(B) not more than $1,000,000 if such person is a 
     corporation or other legal entity other than an individual.
       ``(2) Aggravated offenses.--Notwithstanding paragraph (1), 
     the maximum term of imprisonment shall be for not more than 
     10 years if--
       ``(A) the violator is an individual; and
       ``(B) in the commission of a violation described in 
     paragraph (1), that individual--
       ``(A) used a dangerous weapon;
       ``(B) engaged in conduct that caused bodily injury to any 
     observer described in section 307, any officer authorized to 
     enforce the provisions of this Act under section 311, or any 
     Council member or staff; or
       ``(C) placed any such observer, officer, Council member, or 
     staff in fear of imminent bodily injury.
       ``(b) Other Violations.--Any person (other than a foreign 
     government or entity thereof) who knowingly violates any 
     other provision of section 307 shall be fined under title 18, 
     United States Code, imprisoned for not more than 5 years, or 
     both.
       ``(c) Jurisdiction.--
       ``(1) In general.--The district courts of the United States 
     shall have jurisdiction over any action arising under this 
     Act.
       ``(2) Venue.--For purposes of this Act--
       ``(A) each violation of this Act shall constitute a 
     separate offense and the offense shall be deemed to have been 
     committed not only in the district where it first occurred, 
     but also in any other district as authorized by law;
       ``(B) any offense not committed within a judicial district 
     of the United States is subject to the venue provisions of 
     section 3238 of title 18, United States Code; and
       ``(C) American Samoa shall be included within the judicial 
     district of the United States District Court for the District 
     of Hawaii.''.
       (c) Civil Forfeitures.--Section 310(a) (16 U.S.C. 1860(a)) 
     is amended--
       (1) by striking ``(other than any act for which the 
     issuance of a citation under section 311(a) is sufficient 
     sanction)''; and
       (2) by striking ``States.'' and inserting ``States, except 
     that no fishing vessel shall be subject to forfeiture under 
     this section as the result of any act for which the issuance 
     of a citation under section 311(a) is sufficient sanction.''.
       (d) Enforcement Responsibility.--Section 311(a) (16 U.S.C. 
     1861(a)) is amended--
       (1) by striking ``Act'' and inserting ``Act, and the 
     provisions of any marine resource law administered by the 
     Secretary,''; and
       (2) by striking ``State agency,'' and inserting ``agency of 
     any State, Territory, Commonwealth, or Tribe,''.
       (e) Powers of Authorized Officers.--Section 311(b) (16 
     U.S.C. 1861(b)) is amended by striking ``Federal or State''.
       (f) Payment of Storage, Care, and Other Costs.--Section 
     311(e)(1)(B) (16 U.S.C. 1861(e)(1)(B)) is amended to read as 
     follows:
       ``(B) a reward to any person who furnishes information 
     which leads to an arrest, conviction, civil penalty 
     assessment, or forfeiture of property for any violation of 
     any provision of this Act or any other marine resource law 
     enforced by the Secretary of up to the lesser of--
       ``(i) 20 percent of the penalty or fine collected; or
       ``(ii) $20,000;''.

                   TITLE II--INFORMATION AND RESEARCH

     SEC. 201. RECREATIONAL FISHERIES INFORMATION.

       Section 401 (16 U.S.C. 1881) is amended by striking 
     subsection (g) and inserting the following:
       ``(g) Recreational Fisheries.--
       ``(1) Federal program.--The Secretary shall establish and 
     implement a regionally based registry program for 
     recreational fishermen in each of the 8 fishery management 
     regions. The program, which shall not require a fee before 
     January 1, 2011, shall provide for--
       ``(A) the registration (including identification and 
     contact information) of individuals who engage in 
     recreational fishing--
       ``(i) in the Exclusive Economic Zone;
       ``(ii) for anadromous species; or
       ``(iii) for Continental Shelf fishery resources beyond the 
     Exclusive Economic Zone; and
       ``(B) if appropriate, the registration (including the 
     ownership, operator, and identification of the vessel) of 
     vessels used in such fishing.
       ``(2) State programs.--The Secretary shall exempt from 
     registration under the program recreational fishermen and 
     charter fishing vessels licensed, permitted, or registered 
     under the laws of a State if the Secretary determines that 
     information from the State

[[Page 11712]]

     program is suitable for the Secretary's use or is used to 
     assist in completing marine recreational fisheries 
     statistical surveys, or evaluating the effects of proposed 
     conservation and management measures for marine recreational 
     fisheries.
       ``(3) Data collection.--
       ``(A) Improvement of the marine recreational fishery 
     statistics survey.--Within 24 months after the date of 
     enactment of the Magnuson-Stevens Fishery Conservation and 
     Management Reauthorization Act of 2006, the Secretary, in 
     consultation with representatives of the recreational fishing 
     industry and experts in statistics, technology, and other 
     appropriate fields, shall establish a program to improve the 
     quality and accuracy of information generated by the Marine 
     Recreational Fishery Statistics Survey, with a goal of 
     achieving acceptable accuracy and utility for each individual 
     fishery.
       ``(B) NRC report recommendations.--The program shall take 
     into consideration and, to the maximum extent feasible, 
     implement the recommendations of the National Research 
     Council in its report Review of Recreational Fisheries Survey 
     Methods (2006), including--
       ``(i) redesigning the Survey to improve the effectiveness 
     and appropriateness of sampling and estimation procedures, 
     its applicability to various kinds of management decisions, 
     and its usefulness for social and economic analyses; and
       ``(ii) providing for ongoing technical evaluation and 
     modification as needed to meet emerging management needs.
       ``(C) Methodology.--Unless the Secretary determines that 
     alternate methods will achieve this goal more efficiently and 
     effectively, the program shall, to the extent possible, 
     include--
       ``(i) an adequate number of dockside interviews to 
     accurately estimate recreational catch and effort;
       ``(ii) use of surveys that target anglers registered or 
     licensed at the State or Federal level to collect 
     participation and effort data;
       ``(iii) collection and analysis of vessel trip report data 
     from charter fishing vessels; and
       ``(iv) development of a weather corrective factor that can 
     be applied to recreational catch and effort estimates.
       ``(D) Deadline.--The Secretary shall complete the program 
     under this paragraph and implement the improved Marine 
     Recreational Fishery Statistics Survey not later than January 
     1, 2011.
       ``(4) Report.--Within 24 months after establishment of the 
     program, the Secretary shall submit a report to Congress that 
     describes the progress made toward achieving the goals and 
     objectives of the program.''.

     SEC. 202. COLLECTION OF INFORMATION.

       Section 402(a) (16 U.S.C. 1881a(a)) is amended--
       (1) by striking ``(a) Council Requests.--'' in the 
     subsection heading and inserting ``(a) Collection Programs.--
     '';
       (2) by resetting the text following ``(a) Collection 
     Programs.--'' as a new paragraph 2 ems from the left margin;
       (3) by inserting ``(1) Council requests.--'' before ``If a 
     Council'';
       (4) by striking ``subsection'' in the last sentence and 
     inserting ``paragraph'';
       (5) by striking ``(other than information that would 
     disclose proprietary or confidential commercial or financial 
     information regarding fishing operations or fish processing 
     operations)'' each place it appears; and
       (6) by adding at the end the following:
       ``(2) Secretarial initiation.--If the Secretary determines 
     that additional information is necessary for developing, 
     implementing, revising, or monitoring a fishery management 
     plan, or for determining whether a fishery is in need of 
     management, the Secretary may, by regulation, implement an 
     information collection or observer program requiring 
     submission of such additional information for the fishery.''.

     SEC. 203. ACCESS TO CERTAIN INFORMATION.

       (a) In General.--Section 402(b) (16 U.S.C. 1881a(b)) is 
     amended--
       (1) by redesignating paragraph (2) as paragraph (3) and 
     resetting it 2 ems from the left margin;
       (2) by striking all preceding paragraph (3), as 
     redesignated, and inserting the following:
       ``(b) Confidentiality of Information.--
       ``(1) Any information submitted to the Secretary, a state 
     fishery management agency, or a marine fisheries commission 
     by any person in compliance with the requirements of this Act 
     that contains confidential information shall be confidential 
     and shall be exempt from disclosure under section 552(b)(3) 
     of title 5, United States Code, except--
       ``(A) to Federal employees and Council employees who are 
     responsible for fishery management plan development, 
     monitoring, or enforcement;
       ``(B) to State or Marine Fisheries Commission employees as 
     necessary to further the Department's mission, subject to a 
     confidentiality agreement that prohibits public disclosure of 
     confidential information relating to any person;
       ``(C) to State employees who are responsible for fishery 
     management plan enforcement, if the States employing those 
     employees have entered into a fishery enforcement agreement 
     with the Secretary and the agreement is in effect;
       ``(D) when such information is used by State, Council, or 
     Marine Fisheries Commission employees to verify catch under a 
     limited access program, but only to the extent that such use 
     is consistent with subparagraph (B);
       ``(E) when the Secretary has obtained written authorization 
     from the person submitting such information to release such 
     information to persons for reasons not otherwise provided for 
     in this subsection, and such release does not violate other 
     requirements of this Act;
       ``(F) when such information is required to be submitted to 
     the Secretary for any determination under a limited access 
     program; or
       ``(G) in support of homeland and national security 
     activities, including the Coast Guard's homeland security 
     missions as defined in section 888(a)(2) of the Homeland 
     Security Act of 2002 (6 U.S.C. 468(a)(2)).
       ``(2) Any observer information shall be confidential and 
     shall not be disclosed, except in accordance with the 
     requirements of subparagraphs (A) through (G) of paragraph 
     (1), or--
       ``(A) as authorized by a fishery management plan or 
     regulations under the authority of the North Pacific Council 
     to allow disclosure to the public of weekly summary bycatch 
     information identified by vessel or for haul-specific bycatch 
     information without vessel identification;
       ``(B) when such information is necessary in proceedings to 
     adjudicate observer certifications; or
       ``(C) as authorized by any regulations issued under 
     paragraph (3) allowing the collection of observer 
     information, pursuant to a confidentiality agreement between 
     the observers, observer employers, and the Secretary 
     prohibiting disclosure of the information by the observers or 
     observer employers, in order--
       ``(i) to allow the sharing of observer information among 
     observers and between observers and observer employers as 
     necessary to train and prepare observers for deployments on 
     specific vessels; or
       ``(ii) to validate the accuracy of the observer information 
     collected.''; and
       (3) by striking ``(1)(E).'' in paragraph (3), as 
     redesignated, and inserting ``(2)(A).''.
       (b) Conforming Amendment.--Section 404(c)(4) (16 U.S.C. 
     1881c(c)(4)) is amended by striking ``under section 401''.

     SEC. 204. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

       Title III (16 U.S.C. 1851 et seq.), as amended by section 
     115, is further amended by adding at the end the following:

     ``SEC. 317. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

       ``(a) In General.--The Secretary of Commerce, in 
     consultation with the Councils, shall establish a cooperative 
     research and management program to address needs identified 
     under this Act and under any other marine resource laws 
     enforced by the Secretary. The program shall be implemented 
     on a regional basis and shall be developed and conducted 
     through partnerships among Federal, State, and Tribal 
     managers and scientists (including interstate fishery 
     commissions), fishing industry participants, and educational 
     institutions.
       ``(b) Eligible Projects.--The Secretary shall make funds 
     available under the program for the support of projects to 
     address critical needs identified by the Councils in 
     consultation with the Secretary. The program shall promote 
     and encourage efforts to utilize sources of data maintained 
     by other Federal agencies, State agencies, or academia for 
     use in such projects.
       ``(c) Funding.--In making funds available the Secretary 
     shall award funding on a competitive basis and based on 
     regional fishery management needs, select programs that form 
     part of a coherent program of research focused on solving 
     priority issues identified by the Councils, and shall give 
     priority to the following projects:
       ``(1) Projects to collect data to improve, supplement, or 
     enhance stock assessments, including the use of fishing 
     vessels or acoustic or other marine technology.
       ``(2) Projects to assess the amount and type of bycatch or 
     post-release mortality occurring in a fishery.
       ``(3) Conservation engineering projects designed to reduce 
     bycatch, including avoidance of post-release mortality, 
     reduction of bycatch in high seas fisheries, and transfer of 
     such fishing technologies to other nations.
       ``(4) Projects for the identification of habitat areas of 
     particular concern and for habitat conservation.
       ``(5) Projects designed to collect and compile economic and 
     social data.
       ``(d) Experimental Permitting Process.--Not later than 180 
     days after the date of enactment of the Magnuson-Stevens 
     Fishery Conservation and Management Reauthorization Act of 
     2006, the Secretary, in consultation with the Councils, shall 
     promulgate regulations that create an expedited, uniform, and 
     regionally-based process to promote issuance, where 
     practicable, of experimental fishing permits.
       ``(e) Guidelines.--The Secretary, in consultation with the 
     Councils, shall establish guidelines to ensure that 
     participation in a research project funded under this section 
     does not result in loss of a participant's

[[Page 11713]]

     catch history or unexpended days-at-sea as part of a limited 
     entry system.
       ``(f) Exempted Projects.--The procedures of this section 
     shall not apply to research funded by quota set-asides in a 
     fishery.''.

     SEC. 205. HERRING STUDY.

       Title III (16 U.S.C. 1851 et seq.), as amended by section 
     204, is further amended by adding at the end the following:

     ``SEC. 318. HERRING STUDY.

       ``(a) In General.--The Secretary may conduct a cooperative 
     research program to study the issues of abundance, 
     distribution and the role of herring as forage fish for other 
     commercially important fish stocks in the Northwest Atlantic, 
     and the potential for local scale depletion from herring 
     harvesting and how it relates to other fisheries in the 
     Northwest Atlantic. In planning, designing, and implementing 
     this program, the Secretary shall engage multiple fisheries 
     sectors and stakeholder groups concerned with herring 
     management.
       ``(b) Report.--The Secretary shall present the final 
     results of this study to Congress within 3 months following 
     the completion of the study, and an interim report at the end 
     of fiscal year 2008.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated $2,000,000 for fiscal year 2007 
     through fiscal year 2009 to conduct this study.''.

     SEC. 206. RESTORATION STUDY.

       Title III (16 U.S.C. 1851 et seq.), as amended by section 
     205, is further amended by adding at the end the following:

     ``SEC. 319. RESTORATION STUDY.

       ``(a) In General.--The Secretary may conduct a study to 
     update scientific information and protocols needed to improve 
     restoration techniques for a variety of coast habitat types 
     and synthesize the results in a format easily understandable 
     by restoration practitioners and local communities.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated $500,000 for fiscal year 2007 
     to conduct this study.''.

     SEC. 207. WESTERN PACIFIC FISHERY DEMONSTRATION PROJECTS.

       Section 111(b) of the Sustainable Fisheries Act (16 U.S.C. 
     1855 note) is amended--
       (1) by striking ``and the Secretary of the Interior are'' 
     in paragraph (1) and inserting ``is'';
       (2) by striking ``not less than three and not more than 
     five'' in paragraph (1); and
       (3) by striking paragraph (6) and inserting the following:
       ``(6) In this subsection the term `Western Pacific 
     community' means a community eligible to participate under 
     section 305(i)(2)(B)(i) through (iv) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 
     1855(i)(2)(B)(i) through (iv)).''.

     SEC. 208. FISHERIES CONSERVATION AND MANAGEMENT FUND.

       (a) In General.--The Secretary shall establish and maintain 
     a fund, to be known as the ``Fisheries Conservation and 
     Management Fund'', which shall consist of amounts retained 
     and deposited into the Fund under subsection (c).
       (b) Purposes.--Subject to the allocation of funds described 
     in subsection (d), amounts in the Fund shall be available to 
     the Secretary of Commerce, without appropriation or fiscal 
     year limitation, to disburse as described in subsection (e) 
     for--
       (1) efforts to improve fishery harvest data collection 
     including--
       (A) expanding the use of electronic catch reporting 
     programs and technology; and
       (B) improvement of monitoring and observer coverage through 
     the expanded use of electronic monitoring devices and 
     satellite tracking systems such as VMS on small vessels;
       (2) cooperative fishery research and analysis, in 
     collaboration with fishery participants, academic 
     institutions, community residents, and other interested 
     parties;
       (3) development of methods or new technologies to improve 
     the quality, health safety, and value of fish landed;
       (4) conducting analysis of fish and seafood for health 
     benefits and risks, including levels of contaminants and, 
     where feasible, the source of such contaminants;
       (5) marketing of sustainable United States fishery 
     products, including consumer education regarding the health 
     or other benefits of wild fishery products harvested by 
     vessels of the United States;
       (6) improving data collection under the Marine Recreational 
     Fishery Statistics Survey in accordance with section 
     401(g)(3) of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1881(g)(3)); and
       (7) providing financial assistance to fishermen to offset 
     the costs of modifying fishing practices and gear to meet the 
     requirements of this Act, the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.), and 
     other Federal laws in pari materia.
       (c) Deposits to the Fund.--
       (1) Quota set-asides.--Any amount generated through quota 
     set-asides established by a Council under the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.) and designated by the Council for inclusion in 
     the Fishery Conservation and Management Fund, may be 
     deposited in the Fund.
       (2) Other funds.--In addition to amounts received pursuant 
     to paragraph (1) of this subsection, the Fishery Conservation 
     and Management Fund may also receive funds from--
       (A) appropriations for the purposes of this section; and
       (B) States or other public sources or private or non-profit 
     organizations for purposes of this section.
       (d) Regional Allocation.--The Secretary shall, every 2 
     years, apportion monies from the Fund among the eight Council 
     regions according to recommendations of the Councils, based 
     on regional priorities identified through the Council 
     process, except that no region shall receive less than 5 
     percent of the Fund in each allocation period.
       (e) Limitation on the Use of the Fund.--No amount made 
     available from the Fund may be used to defray the costs of 
     carrying out requirements of this Act or the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1801 et 
     seq.) other than those uses identified in this section.

     SEC. 209. USE OF FISHERY FINANCE PROGRAM AND CAPITAL 
                   CONSTRUCTION FUND FOR SUSTAINABLE PURPOSES.

       (a) Purpose of Fishery Finance Program Obligations.--
     Section 1104A(a)(7) of the Merchant Marine Act, 1936 (46 
     U.S.C. App. 1274(a)(7)) is amended to read as follows:
       ``(7) financing or refinancing including,
       ``(A) the reimbursement of obligors for expenditures 
     previously made, for the purchase of individual fishing 
     quotas in accordance with section 303(d)(4) of the Magnuson-
     Stevens Fishery Conservation and Management Act;
       ``(B) activities that assist in the transition to reduced 
     fishing capacity; or
       ``(C) technologies or upgrades designed to improve 
     collection and reporting of fishery-dependent data, to reduce 
     bycatch, to improve selectivity or reduce adverse impacts of 
     fishing gear, or to improve safety.''.
       (b) Expansion of Purposes for Qualified Withdrawals.--
     Section 607(f)(1) of the Merchant Marine Act, 1936 (46 U.S.C. 
     App. 1177(f)(1)) is amended--
       (1) by striking ``for:'' and inserting ``for--'';
       (B) by striking ``vessel,'' in subparagraph (A) and 
     inserting ``vessel;'';
       (C) by striking ``vessel, or'' in subparagraph (B) and 
     inserting ``vessel;'';
       (D) by striking ``vessel.'' in subparagraph (C) and 
     inserting ``vessel;''; and
       (E) by inserting after subparagraph (C) the following:
       ``(D) in the case of any person for whose benefit the fund 
     was established and who participates in the fishing capacity 
     reduction program under section 312 of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1861a)--
       ``(i) if such person remains in the fishery, the 
     satisfaction of any debt obligation undertaken pursuant to 
     such program; and
       ``(ii) if such person withdraws 1 or more vessels from the 
     fishery, the substitution of amounts the person would 
     otherwise receive under such program for such person's vessel 
     or permit to engage in the fishery;
       ``(E) the repair, maintenance, or upgrade of an eligible 
     vessel or its equipment for the purpose of--
       ``(i) making conservation engineering changes to reduce 
     bycatch, improve selectivity of fishing gear, or reduce 
     adverse impacts of fishing gear;
       ``(ii) improving vessel safety; or
       ``(iii) acquiring, installing, or upgrading equipment to 
     improve collection, reporting, or accuracy of fishery data; 
     or
       ``(F) the acquisition, construction, reconstruction, 
     upgrading, or investment in shoreside fishery-related 
     facilities or infrastructure in the United States for the 
     purpose of promoting United States ownership of fishery-
     related facilities in the United States without contributing 
     to overcapacity in the sector.''.

     SEC. 210. REGIONAL ECOSYSTEM RESEARCH.

       Section 406 (16 U.S.C. 1882) is amended by adding at the 
     end the following:
       ``(f) Regional Ecosystem Research.--
       ``(1) Study.--Within 180 days after the date of enactment 
     of the Magnuson-Stevens Fishery Conservation and Management 
     Reauthorization Act of 2006, the Secretary, in consultation 
     with the Councils, shall undertake and complete a study on 
     the state of the science for advancing the concepts and 
     integration of ecosystem considerations in regional fishery 
     management. The study should build upon the recommendations 
     of the advisory panel and include--
       ``(A) recommendations for scientific data, information and 
     technology requirements for understanding ecosystem 
     processes, and methods for integrating such information from 
     a variety of federal, state, and regional sources;
       ``(B) recommendations for processes for incorporating broad 
     stake holder participation;
       ``(C) recommendations for processes to account for effects 
     of environmental variation on fish stocks and fisheries; and
       ``(D) a description of existing and developing council 
     efforts to implement ecosystem approaches, including lessons 
     learned by the councils.
       ``(2) Agency Technical Advice and Assistance, Regional 
     Pilot Programs.--The Secretary is authorized to provide 
     necessary

[[Page 11714]]

     technical advice and assistance, including grants, to the 
     Councils for the development and design of regional pilot 
     programs that build upon the recommendations of the advisory 
     panel and, when completed, the study.''.

     SEC. 211. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.

       Title IV (16 U.S.C. 1881 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 408. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.

       ``(a) In General.--The Secretary, in consultation with 
     appropriate regional fishery management councils and in 
     coordination with other federal agencies and educational 
     institutions, shall establish a program--
       ``(1) to identify existing research on, and known locations 
     of, deep sea corals and submit such information to the 
     appropriate Councils;
       ``(2) to locate and map locations of deep sea corals and 
     submit such information to the Councils;
       ``(3) to monitor activity in locations where deep sea 
     corals are known or likely to occur, based on best scientific 
     information available, including through underwater or remote 
     sensing technologies and submit such information to the 
     appropriate Councils;
       ``(4) to conduct research, including cooperative research 
     with fishing industry participants, on deep sea corals and 
     related species, and on survey methods;
       ``(5) to develop technologies or methods designed to assist 
     fishing industry participants in reducing interactions 
     between fishing gear and deep sea corals; and
       ``(6) to prioritize program activities in areas where deep 
     sea corals are known to occur, and in areas where scientific 
     modeling or other methods predict deep sea corals are likely 
     to be present.
       ``(b) Reporting.--Beginning 1 year after the date of 
     enactment of the Magnuson-Stevens Fishery Conservation and 
     Management Reauthorization Act of 2006, the Secretary, in 
     consultation with the Councils, shall submit biennial reports 
     to Congress and the public on steps taken by the Secretary to 
     identify and monitor, and the Councils to protect, deep sea 
     coral areas, including summaries of the results of mapping, 
     research, and data collection performed under the program.''.

     SEC. 212. IMPACT OF TURTLE EXCLUDER DEVICES ON SHRIMPING.

       (a) In General.--The Undersecretary of Commerce for Oceans 
     and Atmosphere shall execute an agreement with the National 
     Academy of Sciences to conduct, jointly, a multi-year, 
     comprehensive in-water study designed--
       (1) to measure accurately the efforts and effects of shrimp 
     fishery efforts to utilize turtle excluder devices;
       (2) to analyze the impact of those efforts on sea turtle 
     mortality, including interaction between turtles and shrimp 
     trawlers in the inshore, nearshore, and offshore waters of 
     the Gulf of Mexico and similar geographical locations in the 
     waters of the Southeastern United States; and
       (3) to evaluate innovative technologies to increase shrimp 
     retention in turtle excluder devices while ensuring the 
     protection of endangered and threatened sea turtles.
       (b) Observers.--In conducting the study, the Undersecretary 
     shall ensure that observers are placed onboard commercial 
     shrimp fishing vessels where appropriate or necessary.
       (c) Interim Reports.--During the course of the study and 
     until a final report is submitted to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Resources, the National Academy 
     of Sciences shall transmit interim reports to the Committees 
     biannually containing a summary of preliminary findings and 
     conclusions from the study.

     SEC. 213. HURRICANE EFFECTS ON SHRIMP AND OYSTER FISHERIES 
                   AND HABITATS.

       (a) Fisheries Report.--Within 180 days after the date of 
     enactment of this Act, the Secretary of Commerce shall 
     transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Resources on the impact of Hurricane Katrina, 
     Hurricane Rita, and Hurricane Wilma on--
       (1) commercial and recreational fisheries in the States of 
     Alabama, Louisiana, Florida, Mississippi, and Texas;
       (2) shrimp fishing vessels in those States; and
       (3) the oyster industry in those States.
       (b) Habitat Report.--Within 180 days after the date of 
     enactment of this Act, the Secretary of Commerce shall 
     transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Resources on the impact of Hurricane Katrina, 
     Hurricane Rita, and Hurricane Wilma on habitat, including the 
     habitat of shrimp and oysters in those States.
       (c) Habitat Restoration.--The Secretary shall carry out 
     activities to restore fishery habitats, including the shrimp 
     and oyster habitats in Louisiana and Mississippi.

     SEC. 214. NORTHWEST PACIFIC FISHERIES CONSERVATION.

       Section 313 (16 U.S.C. 1862) is amended--
       (1) by striking ``all fisheries under the Council's 
     jurisdiction except salmon fisheries'' in subsection (a) and 
     inserting ``any fishery under the Council's jurisdiction 
     except a salmon fishery'';
       (2) by striking subsection (a)(2) and inserting the 
     following:
       ``(2) establishes a system, or system, of fees, which may 
     vary by fishery, management area, or observer coverage level, 
     to pay for the cost of implementing the plan.'';
       (3) by striking ``observers'' in subsection (b)(2)(A) and 
     inserting ``observers, or electronic monitoring systems,'';
       (4) by inserting ``a fixed amount reflecting actual 
     observer costs as described in subparagraph (A) or'' in 
     subsection (b)(2)(E) after ``expressed as'';
       (5) by inserting ``some or'' in subsection (b)(2)(F) after 
     ``against'';
       (6) by inserting ``or an electronic monitoring system'' 
     after ``observer'' in subsection (b)(2)(F);
       (7) by striking ``and'' after the semicolon in subsection 
     (b)(2)(H); and
       (8) by redesignating subparagraph (I) of subsection (b)(2) 
     as subparagraph (J) and inserting after subparagraph (H) the 
     following:
       ``(I) provide that fees collected will be credited against 
     any fee for stationing observers or electronic monitoring 
     systems on board fishing vessels and United States fish 
     processors and the actual cost of inputting collected data to 
     which a fishing vessel or fish processor is subject under 
     section 304(d) of this Act; and''.

     SEC. 215. NEW ENGLAND GROUNDFISH FISHERY.

       (a) Review.--The Secretary of Commerce shall conduct a 
     unique, thorough examination of the potential impact on all 
     affected and interested parties of Framework 42 to the 
     Northeast Multispecies Fishery Management Plan.
       (b) Report.--The Secretary shall report the Secretary's 
     findings under subsection (a) within 30 days after the date 
     of enactment of this Act. The Secretary shall include in the 
     report a detailed discussion of each of the following:
       (1) The economic and social implications for affected 
     parties within the fishery, including potential losses to 
     infrastructure, expected from the imposition of Framework 42.
       (2) The estimated average annual income generated by 
     fishermen in New England, separated by State and vessel size, 
     and the estimated annual income expected after the imposition 
     of Framework 42.
       (3) Whether the differential days-at-sea counting imposed 
     by Framework 42 would result in a reduction in the number of 
     small vessels actively participating in the New England 
     Fishery.
       (4) The percentage and approximate number of vessels in the 
     New England fishery, separated by State and vessel type, that 
     are incapable of fishing outside the areas designated in 
     Framework 42 for differential days-at-sea counting.
       (5) The percentage of the annual groundfish catch in the 
     New England fishery that is harvested by small vessels.
       (6) The current monetary value of groundfish permits in the 
     New England fishery and the actual impact that the potential 
     imposition of Framework 42 is having on such value.
       (7) Whether permitting days-at-sea to be leased is altering 
     the market value for groundfish permits or days-at-sea in New 
     England.
       (8) Whether there is a substantially high probability that 
     the biomass targets used as a basis for Amendment 13 remain 
     achievable.
       (9) An identification of the year in which the biomass 
     targets used as a basis for Amendment 13 were last evident or 
     achieved, and the evidence used to determine such date.
       (10) Any separate or non-fishing factors, including 
     environmental factors, that may be leading to a slower 
     rebuilding of groundfish than previously anticipated.
       (11) The potential harm to the non-fishing environment and 
     ecosystem from the reduction in fishing resulting from 
     Framework 42 and the potential redevelopment of the coastal 
     land for other purposes, including potential for increases in 
     non-point source of pollution and other impacts.

     SEC. 216. REPORT ON COUNCIL MANAGEMENT COORDINATION.

       The Mid-Atlantic Fishery Council, in consultation with the 
     New England Fishery Council, shall submit a report to the 
     Senate Committee on Commerce, Science, and Transportation 
     within 9 months after the date of enactment of this Act--
       (1) describing the role of council liaisons between the 
     Mid-Atlantic and New England Councils, including an 
     explanation of council policies regarding the liaison's role 
     in Council decision-making since 1996;
       (2) describing how management actions are taken regarding 
     the operational aspects of current joint fishery management 
     plans, and how such joint plans may undergo changes through 
     amendment or framework processes;
       (3) evaluating the role of the New England Fishery Council 
     and the Mid-Atlantic Fishery Council liaisons in the 
     development and approval of management plans for fisheries in 
     which the liaisons or members of the non-controlling Council 
     have a demonstrated interest and significant current and 
     historical landings of species managed by either Council;
       (4) evaluating the effectiveness of the various approaches 
     developed by the Councils to

[[Page 11715]]

     improve representation for affected members of the non-
     controlling Council in Council decision-making, such as use 
     of liaisons, joint management plans, and other policies, 
     taking into account both the procedural and conservation 
     requirements of the Magnuson-Stevens Fishery Conservation and 
     Management Act; and
       (5) analyzing characteristics of North Carolina and Florida 
     that supported their inclusion as voting members of more than 
     one Council and the extent to which those characteristics 
     support Rhode Island's inclusion on a second Council (the 
     Mid-Atlantic Council).

                  TITLE III--OTHER FISHERIES STATUTES

     SEC. 301. AMENDMENTS TO NORTHERN PACIFIC HALIBUT ACT.

       (a) Civil Penalties.--Section 8(a) of the Northern Pacific 
     Halibut Act of 1982 (16 U.S.C. 773f(a)) is amended--
       (1) by striking ``$25,000'' and inserting ``$200,000'';
       (2) by striking ``violation, the degree of culpability, and 
     history of prior offenses, ability to pay,'' in the fifth 
     sentence and inserting ``violator, the degree of culpability, 
     any history of prior offenses,''; and
       (3) by adding at the end the following: ``In assessing such 
     penalty, the Secretary may also consider any information 
     provided by the violator relating to the ability of the 
     violator to pay if the information is provided to the 
     Secretary at least 30 days prior to an administrative 
     hearing.''.
       (b) Permit Sanctions.--Section 8 of the Northern Pacific 
     Halibut Act of 1982 (16 U.S.C. 773f) is amended by adding at 
     the end the following:
       ``(e) Revocation or Suspension of Permit.--
       ``(1) In general.--The Secretary may take any action 
     described in paragraph (2) in any case in which--
       ``(A) a vessel has been used in the commission of any act 
     prohibited under section 7;
       ``(B) the owner or operator of a vessel or any other person 
     who has been issued or has applied for a permit under this 
     Act has acted in violation of section 7; or
       ``(C) any amount in settlement of a civil forfeiture 
     imposed on a vessel or other property, or any civil penalty 
     or criminal fine imposed on a vessel or owner or operator of 
     a vessel or any other person who has been issued or has 
     applied for a permit under any marine resource law enforced 
     by the Secretary has not been paid and is overdue.
       ``(2) Permit-related actions.--Under the circumstances 
     described in paragraph (1) the Secretary may--
       ``(A) revoke any permit issued with respect to such vessel 
     or person, with or without prejudice to the issuance of 
     subsequent permits;
       ``(B) suspend such permit for a period of time considered 
     by the Secretary to be appropriate;
       ``(C) deny such permit; or
       ``(D) impose additional conditions and restrictions on any 
     permit issued to or applied for by such vessel or person 
     under this Act and, with respect to any foreign fishing 
     vessel, on the approved application of the foreign nation 
     involved and on any permit issued under that application.
       ``(3) Factors to Be Considered.--In imposing a sanction 
     under this subsection, the Secretary shall take into 
     account--
       ``(A) the nature, circumstances, extent, and gravity of the 
     prohibited acts for which the sanction is imposed; and
       ``(B) with respect to the violator, the degree of 
     culpability, any history of prior offenses, and such other 
     matters as justice may require.
       ``(4) Transfers of ownership.--Transfer of ownership of a 
     vessel, a permit, or any interest in a permit, by sale or 
     otherwise, shall not extinguish any permit sanction that is 
     in effect or is pending at the time of transfer of ownership. 
     Before executing the transfer of ownership of a vessel, 
     permit, or interest in a permit, by sale or otherwise, the 
     owner shall disclose in writing to the prospective transferee 
     the existence of any permit sanction that will be in effect 
     or pending with respect to the vessel, permit, or interest at 
     the time of the transfer.
       ``(5) Reinstatement.--In the case of any permit that is 
     suspended under this subsection for nonpayment of a civil 
     penalty, criminal fine, or any amount in settlement of a 
     civil forfeiture, the Secretary shall reinstate the permit 
     upon payment of the penalty, fine, or settlement amount and 
     interest thereon at the prevailing rate.
       ``(6) Hearing.--No sanction shall be imposed under this 
     subsection unless there has been prior opportunity for a 
     hearing on the facts underlying the violation for which the 
     sanction is imposed either in conjunction with a civil 
     penalty proceeding under this section or otherwise.
       ``(7) Permit defined.--In this subsection, the term 
     `permit' means any license, certificate, approval, 
     registration, charter, membership, exemption, or other form 
     of permission issued by the Commission or the Secretary, and 
     includes any quota share or other transferable quota issued 
     by the Secretary.''.
       (c) Criminal Penalties.--Section 9(b) of the Northern 
     Pacific Halibut Act of 1982 (16 U.S.C. 773g(b)) is amended--
       (1) by striking ``$50,000'' and inserting ``$200,000''; and
       (2) by striking ``$100,000,'' and inserting ``$400,000,''.

     SEC. 302. REAUTHORIZATION OF OTHER FISHERIES ACTS.

       (a) Atlantic Striped Bass Conservation Act.--Section 7(a) 
     of the Atlantic Striped Bass Conservation Act (16 U.S.C. 
     5156(a)) is amended to read as follows:
       ``(a) Authorization.--For each of fiscal years 2006, 2007, 
     2008, 2009, and 2010, there are authorized to be appropriated 
     to carry out this Act--
       ``(1) $1,000,000 to the Secretary of Commerce; and
       ``(2) $250,000 to the Secretary of the Interior.''.
       (b) Yukon River Salmon Act of 2000.--Section 208 of the 
     Yukon River Salmon Act of 2000 (16 U.S.C. 5727) is amended by 
     striking ``$4,000,000 for each of fiscal years 2004 through 
     2008,'' and inserting ``$4,000,000 for each of fiscal years 
     2006 through 2010,''.
       (c) Shark Finning Prohibition Act.--Section 10 of the Shark 
     Finning Prohibition Act (16 U.S.C. 1822 note) is amended by 
     striking ``fiscal years 2001 through 2005'' and inserting 
     ``fiscal years 2006 through 2010''.
       (d) Pacific Salmon Treaty Act.--
       (1) Transfer of section to act.--The text of section 623 of 
     title VI of H.R. 3421 (113 Stat. 1501A-56), as introduced on 
     November 17, 1999, and enacted into law by section 1000(a)(1) 
     of the Act of November 29, 1999 (Public Law 106-113)--
       (A) is transferred to the Pacific Salmon Treaty Act (16 
     U.S.C. 3631 et seq.) and inserted after section 15; and
       (B) amended--
       (i) by striking ``Sec. 623.''; and
       (ii) inserting before ``(a) Northern Fund and Southern 
     Fund.--'' the following:

     ``SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY 
                   IMPLEMENTATION; ADDITIONAL AUTHORIZATION OF 
                   APPROPRIATIONS.''.

       (2) Reauthorization.--Section 16(d)(2)(A) of the Pacific 
     Salmon Treaty Act, as transferred by subsection (a), is 
     amended--
       (1) by inserting ``sustainable salmon fisheries,'' after 
     ``enhancement,''; and
       (2) by inserting ``2006, 2007, 2008, and 2009,'' after 
     ``2005,''.
       (e) State Authority for Dungeness Crab Fishery 
     Management.--Section 203 of Public Law 105-384 (16 U.S.C. 
     1856 note) is amended--
       (1) by striking ``September 30, 2006.'' in subsection (i) 
     and inserting ``September 30, 2016.'';
       (2) by striking ``health'' in subsection (j) and inserting 
     ``status''; and
       (3) by striking ``California.'' in subsection (j) and 
     inserting ``California, including--
       ``(1) stock status and trends throughout its range;
       ``(2) a description of applicable research and scientific 
     review processes used to determine stock status and trends; 
     and
       ``(3) measures implemented or planned that are designed to 
     prevent or end overfishing in the fishery.''.
       (f) Pacific Fishery Management Council.--
       (1) In General.--The Pacific Fishery Management Council 
     shall develop a proposal for the appropriate rationalization 
     program for the Pacific trawl groundfish and whiting 
     fisheries, including the shore-based sector of the Pacific 
     whiting fishery under its jurisdiction. The proposal may 
     include only the Pacific whiting fishery, including the 
     shore-based sector, if the Pacific Council determines that a 
     rationalization plan for the fishery as a whole cannot be 
     achieved before the report is required to be submitted under 
     paragraph (3).
       (2) Required analysis.--In developing the proposal to 
     rationalize the fishery, the Pacific Council shall fully 
     analyze alternative program designs, including the allocation 
     of limited access privileges to harvest fish to fishermen and 
     processors working together in regional fishery associations 
     or some other cooperative manner to harvest and process the 
     fish, as well as the effects of these program designs and 
     allocations on competition and conservation. The analysis 
     shall include an assessment of the impact of the proposal on 
     conservation and the economics of communities, fishermen, and 
     processors participating in the trawl groundfish fisheries, 
     including the shore-based sector of the Pacific whiting 
     fishery.
       (3) Report.--The Pacific Council shall submit the proposal 
     and related analysis to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Resources no later than 24 months after the date 
     of enactment of this Act.

                        TITLE IV--INTERNATIONAL

     SEC. 401. INTERNATIONAL MONITORING AND COMPLIANCE.

       Title II (16 U.S.C. 1821 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 207. INTERNATIONAL MONITORING AND COMPLIANCE.

       ``(a) In General.--The Secretary may undertake activities 
     to promote improved monitoring and compliance for high seas 
     fisheries, or fisheries governed by international fishery 
     management agreements, and to implement the requirements of 
     this title.
       ``(b) Specific Authorities.--In carrying out subsection 
     (a), the Secretary may--
       ``(1) share information on harvesting and processing 
     capacity and illegal, unreported

[[Page 11716]]

     and unregulated fishing on the high seas, in areas covered by 
     international fishery management agreements, and by vessels 
     of other nations within the United States exclusive economic 
     zone, with relevant law enforcement organizations of foreign 
     nations and relevant international organizations;
       ``(2) further develop real time information sharing 
     capabilities, particularly on harvesting and processing 
     capacity and illegal, unreported and unregulated fishing;
       ``(3) participate in global and regional efforts to build 
     an international network for monitoring, control, and 
     surveillance of high seas fishing and fishing under regional 
     or global agreements;
       ``(4) support efforts to create an international registry 
     or database of fishing vessels, including by building on or 
     enhancing registries developed by international fishery 
     management organizations;
       ``(5) enhance enforcement capabilities through the 
     application of commercial or governmental remote sensing 
     technology to locate or identify vessels engaged in illegal, 
     unreported, or unregulated fishing on the high seas, 
     including encroachments into the exclusive economic zone by 
     fishing vessels of other nations;
       ``(6) provide technical or other assistance to developing 
     countries to improve their monitoring, control, and 
     surveillance capabilities; and
       ``(7) support coordinated international efforts to ensure 
     that all large-scale fishing vessels operating on the high 
     seas are required by their flag State to be fitted with 
     vessel monitoring systems no later than December 31, 2008, or 
     earlier if so decided by the relevant flag State or any 
     relevant international fishery management organization.''.

     SEC. 402. FINDING WITH RESPECT TO ILLEGAL, UNREPORTED, AND 
                   UNREGULATED FISHING.

       Section 2(a) (16 U.S.C. 1801(a)), as amended by section 3 
     of this Act, is further amended by adding at the end the 
     following:
       ``(12) International cooperation is necessary to address 
     illegal, unreported, and unregulated fishing and other 
     fishing practices which may harm the sustainability of living 
     marine resources and disadvantage the United States fishing 
     industry.''.

     SEC. 403. ACTION TO END ILLEGAL, UNREPORTED, OR UNREGULATED 
                   FISHING AND REDUCE BYCATCH OF PROTECTED MARINE 
                   SPECIES.

       (a) In General.--Title VI of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826d et seq.), is 
     amended by adding at the end the following:

     ``SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.

       ``The Secretary, in consultation with the Secretary of 
     State, shall provide to Congress, by not later than 2 years 
     after the date of enactment of the Magnuson-Stevens Fishery 
     Conservation and Management Reauthorization Act of 2006, and 
     every 2 years thereafter, a report that includes--
       ``(1) the state of knowledge on the status of international 
     living marine resources shared by the United States or 
     subject to treaties or agreements to which the United States 
     is a party, including a list of all such fish stocks 
     classified as overfished, overexploited, depleted, 
     endangered, or threatened with extinction by any 
     international or other authority charged with management or 
     conservation of living marine resources;
       ``(2) a list of nations whose vessels have been identified 
     under sections 609(a) or 610(a), including the specific 
     offending activities and any subsequent actions taken 
     pursuant to section 609 or 610;
       ``(3) a description of efforts taken by nations on those 
     lists to comply take appropriate corrective action consistent 
     with sections 609 and 610, and an evaluation of the progress 
     of those efforts, including steps taken by the United States 
     to implement those sections and to improve international 
     compliance;
       ``(4) progress at the international level, consistent with 
     section 608, to strengthen the efforts of international 
     fishery management organizations to end illegal, unreported, 
     or unregulated fishing; and
       ``(5) steps taken by the Secretary at the international 
     level to adopt international measures comparable to those of 
     the United States to reduce impacts of fishing and other 
     practices on protected living marine resources, if no 
     international agreement to achieve such goal exists, or if 
     the relevant international fishery or conservation 
     organization has failed to implement effective measures to 
     end or reduce the adverse impacts of fishing practices on 
     such species.

     ``SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISHERY 
                   MANAGEMENT ORGANIZATIONS.

       ``The Secretary, in consultation with the Secretary of 
     State, and in cooperation with relevant fishery management 
     councils and any relevant advisory committees, shall take 
     actions to improve the effectiveness of international fishery 
     management organizations in conserving and managing fish 
     stocks under their jurisdiction. These actions shall 
     include--
       ``(1) urging international fishery management organizations 
     to which the United States is a member--
       ``(A) to incorporate multilateral market-related measures 
     against member or nonmember governments whose vessels engage 
     in illegal, unreported, or unregulated fishing;
       ``(B) to seek adoption of lists that identify fishing 
     vessels and vessel owners engaged in illegal, unreported, or 
     unregulated fishing that can be shared among all members and 
     other international fishery management organizations;
       ``(C) to seek international adoption of a centralized 
     vessel monitoring system in order to monitor and document 
     capacity in fleets of all nations involved in fishing in 
     areas under the an international fishery management 
     organization's jurisdiction;
       ``(D) to increase use of observers and technologies needed 
     to monitor compliance with conservation and management 
     measures established by the organization, including vessel 
     monitoring systems and automatic identification systems; and
       ``(E) to seek adoption of stronger port state controls in 
     all nations, particularly those nations in whose ports 
     vessels engaged in illegal, unreported, or unregulated 
     fishing land or transship fish;
       ``(2) urging international fishery management organizations 
     to which the United States is a member, as well as all 
     members of those organizations, to adopt and expand the use 
     of market-related measures to combat illegal, unreported, or 
     unregulated fishing, including--
       ``(A) import prohibitions, landing restrictions, or other 
     market-based measures needed to enforce compliance with 
     international fishery management organization measures, such 
     as quotas and catch limits;
       ``(B) import restrictions or other market-based measures to 
     prevent the trade or importation of fish caught by vessels 
     identified multilaterally as engaging in illegal, unreported, 
     or unregulated fishing; and
       ``(C) catch documentation and certification schemes to 
     improve tracking and identification of catch of vessels 
     engaged in illegal, unreported, or unregulated fishing, 
     including advance transmission of catch documents to ports of 
     entry; and
       ``(3) urging other nations at bilateral, regional, and 
     international levels, including the Convention on 
     International Trade in Endangered Species of Fauna and Flora 
     and the World Trade Organization to take all steps necessary, 
     consistent with international law, to adopt measures and 
     policies that will prevent fish or other living marine 
     resources harvested by vessels engaged in illegal, 
     unreported, or unregulated fishing from being traded or 
     imported into their nation or territories.

     ``SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.

       ``(a) Identification.--The Secretary shall identify, and 
     list in the report under section 607, a nation if fishing 
     vessels of that nation are engaged, or have been engaged at 
     any point during the preceding two years in illegal, 
     unreported, or unregulated fishing; and--
       ``(1) the relevant international fishery management 
     organization has failed to implement effective measures to 
     end the illegal unreported, or unregulated fishing activity 
     by vessels of that nation or the nation is not a party to, or 
     does not maintain cooperating status with, such organization; 
     or
       ``(2) where no international fishery management 
     organization exists with a mandate to regulate the fishing 
     activity in question.
       ``(b) Notification.--An identification under subsection (a) 
     or section 610(a) is deemed to be an identification under 
     section 101(b)(1)(A) of the High Seas Driftnet Fisheries 
     Enforcement Act (16 U.S.C. 1826a(b)(1)(A)), and the Secretary 
     shall notify the President and that nation of such 
     identification.
       ``(c) Consultation.--No later than 60 days after submitting 
     a report to Congress under section 607, the Secretary, acting 
     through the Secretary of State, shall--
       ``(1) notify nations listed in the report of the 
     requirements of this section;
       ``(2) initiate consultations for the purpose of encouraging 
     such nations to take the appropriate corrective action with 
     respect to the offending activities of their fishing vessels 
     identified in the report; and
       ``(3) notify any relevant international fishery management 
     organization of the actions taken by the United States under 
     this section.
       ``(d) IUU Certification Procedure.--
       ``(1) Certification.--The Secretary shall establish a 
     procedure, consistent with the provisions of subchapter II of 
     chapter 5 of title 5, United States Code, and including 
     notice and an opportunity for comment by the governments of 
     any nation listed by the Secretary under subsection (a), for 
     determining if that government has taken appropriate 
     corrective action with respect to the offending activities of 
     its fishing vessels identified in the report under section 
     607. The Secretary shall determine, on the basis of the 
     procedure, and certify to the Congress no later than 90 days 
     after the date on which the Secretary promulgates a final 
     rule containing the procedure, and biennially thereafter in 
     the report under section 607--
       ``(A) whether the government of each nation identified 
     under subsection (b) has provided documentary evidence that 
     it has taken corrective action with respect to the offending 
     activities of its fishing vessels identified in the report; 
     or
       ``(B) whether the relevant international fishery management 
     organization has implemented measures that are effective in 
     ending

[[Page 11717]]

     the illegal, unreported, or unregulated fishing activity by 
     vessels of that nation.
       ``(2) Alternative procedure.--The Secretary may establish a 
     procedure for certification, on a shipment-by-shipment, 
     shipper-by-shipper, or other basis of fish or fish products 
     from a vessel of a harvesting nation not certified under 
     paragraph (1) if the Secretary determines that--
       ``(A) the vessel has not engaged in illegal, unreported, or 
     unregulated fishing under an international fishery management 
     agreement to which the United States is a party; or
       ``(B) the vessel is not identified by an international 
     fishery management organization as participating in illegal, 
     unreported, or unregulated fishing activities.
       ``(3) Effect of certification.--The provisions of section 
     101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C. 
     1826a(a), (b)(3), and (b)(4)) (except to the extent that such 
     provisions apply to sport fishing equipment or fish or 
     products thereof not managed under the relevant international 
     fishery agreement (or, where there is no such agreement, not 
     caught by the vessels engaged in illegal, unreported, or 
     unregulated fishing)) shall apply to any nation identified 
     under subsection (a) that has not been certified by the 
     Secretary under this subsection, or for which the Secretary 
     has issued a negative certification under this subsection, 
     but shall not apply to any nation identified under subsection 
     (a) for which the Secretary has issued a positive 
     certification under this subsection.
       ``(e) Illegal, Unreported, or Unregulated Fishing 
     Defined.--
       ``(1) In general.--In this Act the term `illegal, 
     unreported, or unregulated fishing' has the meaning 
     established under paragraph (2).
       ``(2) Secretary to define term within legislative 
     guidelines.--Within 3 months after the date of enactment of 
     the Magnuson-Stevens Fishery Conservation and Management 
     Reauthorization Act of 2006, the Secretary shall publish a 
     definition of the term `illegal, unreported, or unregulated 
     fishing' for purposes of this Act.
       ``(3) Guidelines.--The Secretary shall include in the 
     definition, at a minimum--
       ``(A) fishing activities that violate conservation and 
     management measures required under an international fishery 
     management agreement to which the United States is a party, 
     including catch limits or quotas, capacity restrictions, and 
     bycatch reduction requirements;
       ``(B) overfishing of fish stocks shared by the United 
     States, for which there are no applicable international 
     conservation or management measures or in areas with no 
     applicable international fishery management organization or 
     agreement, that has adverse impacts on such stocks; and
       ``(C) fishing activity, including bottom trawling, that has 
     adverse impacts on seamounts, hydrothermal vents, and cold 
     water corals located beyond national jurisdiction, for which 
     there are no applicable conservation or management measures 
     or in areas with no applicable international fishery 
     management organization or agreement.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary for fiscal 
     years 2006 through 2012 such sums as are necessary to carry 
     out this section.

     ``SEC. 610. EQUIVALENT CONSERVATION MEASURES.

       ``(a) Identification.--The Secretary shall identify, and 
     list in the report under section 607, a nation if--
       ``(1) fishing vessels of that nation are engaged, or have 
     been engaged during the preceding calendar year in fishing 
     activities or practices;
       ``(A) beyond the exclusive economic zone of any nation that 
     result in bycatch of a protected living marine resource; or
       ``(B) beyond the exclusive economic zone of the United 
     States that result in bycatch of a protected living marine 
     resource shared by the United States;
       ``(2) the relevant international organization for the 
     conservation and protection of such resources or the relevant 
     international or regional fishery organization has failed to 
     implement effective measures to end or reduce such bycatch, 
     or the nation is not a party to, or does not maintain 
     cooperating status with, such organization; and
       ``(3) the nation has not adopted a regulatory program 
     governing such fishing practices designed to end or reduce 
     such bycatch that is comparable to that of the United States, 
     taking into account different conditions.
       ``(b) Consultation and Negotiation.--The Secretary, acting 
     through the Secretary of State, shall--
       ``(1) notify, as soon as possible, other nations whose 
     vessels engage in fishing activities or practices described 
     in subsection (a), about the provisions of this section and 
     this Act;
       ``(2) initiate discussions as soon as possible with all 
     foreign governments which are engaged in, or which have 
     persons or companies engaged in, fishing activities or 
     practices described in subsection (a), for the purpose of 
     entering into bilateral and multilateral treaties with such 
     countries to protect such species;
       ``(3) seek agreements calling for international 
     restrictions on fishing activities or practices described in 
     subsection (a) through the United Nations, the Food and 
     Agriculture Organization's Committee on Fisheries, and 
     appropriate international fishery management bodies; and
       ``(4) initiate the amendment of any existing international 
     treaty for the protection and conservation of such species to 
     which the United States is a party in order to make such 
     treaty consistent with the purposes and policies of this 
     section.
       ``(c) Conservation Certification Procedure.--
       ``(1) Certification.--The Secretary shall determine, on the 
     basis of a procedure consistent with the provisions of 
     subchapter II of chapter 5 of title 5, United States Code, 
     and including notice and an opportunity for comment by the 
     governments of any nation identified by the Secretary under 
     subsection (a). The Secretary shall certify to the Congress 
     by January 31, 2007, and biennially thereafter whether the 
     government of each harvesting nation--
       ``(A) has provided documentary evidence of the adoption of 
     a regulatory program governing the conservation of the 
     protected living marine resource that is comparable to that 
     of the United States, taking into account different 
     conditions, and which, in the case of pelagic longline 
     fishing, includes mandatory use of circle hooks, careful 
     handling and release equipment, and training and observer 
     programs; and
       ``(B) has established a management plan containing 
     requirements that will assist in gathering species-specific 
     data to support international stock assessments and 
     conservation enforcement efforts for protected living marine 
     resources.
       ``(2) Alternative procedure.--The Secretary shall establish 
     a procedure for certification, on a shipment-by-shipment, 
     shipper-by-shipper, or other basis of fish or fish products 
     from a vessel of a harvesting nation not certified under 
     paragraph (1) if the Secretary determines that such imports 
     were harvested by practices that do not result in bycatch of 
     a protected marine species, or were harvested by practices 
     that--
       ``(A) are comparable to those of the United States, taking 
     into account different conditions, and which, in the case of 
     pelagic longline fishing, includes mandatory use of circle 
     hooks, careful handling and release equipment, and training 
     and observer programs; and
       ``(B) include the gathering of species specific data that 
     can be used to support international and regional stock 
     assessments and conservation efforts for protected living 
     marine resources.
       ``(3) Effect of Certification.--The provisions of section 
     101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C. 
     1826a(a), (b)(3), and (b)(4)) (except to the extent that such 
     provisions apply to sport fishing equipment or fish or fish 
     products not caught by the vessels engaged in illegal, 
     unreported, or unregulated fishing) shall apply to any nation 
     identified under subsection (a) that has not been certified 
     by the Secretary under this subsection, or for which the 
     Secretary has issued a negative certification under this 
     subsection, but shall not apply to any nation identified 
     under subsection (a) for which the Secretary has issued a 
     positive certification under this subsection.
       ``(d) International Cooperation and Assistance.--To the 
     greatest extent possible consistent with existing authority 
     and the availability of funds, the Secretary shall--
       ``(1) provide appropriate assistance to nations identified 
     by the Secretary under subsection (a) and international 
     organizations of which those nations are members to assist 
     those nations in qualifying for certification under 
     subsection (c);
       ``(2) undertake, where appropriate, cooperative research 
     activities on species statistics and improved harvesting 
     techniques, with those nations or organizations;
       ``(3) encourage and facilitate the transfer of appropriate 
     technology to those nations or organizations to assist those 
     nations in qualifying for certification under subsection (c); 
     and
       ``(4) provide assistance to those nations or organizations 
     in designing and implementing appropriate fish harvesting 
     plans.
       ``(e) Protected Living Marine Resource Defined.--In this 
     section the term `protected living marine resource'--
       ``(1) means non-target fish, sea turtles, or marine mammals 
     that are protected under United States law or international 
     agreement, including the Marine Mammal Protection Act, the 
     Endangered Species Act, the Shark Finning Prohibition Act, 
     and the Convention on International Trade in Endangered 
     Species of Wild Flora and Fauna; but
       ``(2) does not include species, except sharks, managed 
     under the Magnuson-Stevens Fishery Conservation and 
     Management Act, the Atlantic Tunas Convention Act, or any 
     international fishery management agreement.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary for fiscal 
     years 2006 through 2012 such sums as are necessary to carry 
     out this section.``.
       (b) Conforming Amendments.--
       (1) Denial of port privileges.--Section 101(b) of the High 
     Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(b)) 
     is amended

[[Page 11718]]

     by inserting ``or illegal, unreported, or unregulated 
     fishing'' after ``fishing`` in paragraph (1)(A)(i), paragraph 
     (1)(B), paragraph (2), and paragraph (4)(A)(i).
       (2) Duration of denial.--Section 102 of the High Seas 
     Driftnet Fisheries Enforcement Act (16 U.S.C. 1826b) is 
     amended by inserting ``or illegal, unreported, or unregulated 
     fishing`` after ``fishing''.

     SEC. 404. MONITORING OF PACIFIC INSULAR AREA FISHERIES.

       (a) Waiver Authority.--Section 201(h)(2)(B) (16 U.S.C. 
     1821(h)(2)(B)) is amended by striking ``that is at least 
     equal in effectiveness to the program established by the 
     Secretary;'' and inserting ``or other monitoring program that 
     the Secretary, in consultation with the Western Pacific 
     Management Council, determines is adequate to monitor 
     harvest, bycatch, and compliance with the laws of the United 
     States by vessels fishing under the agreement;''.
       (b) Marine Conservation Plans.--Section 204(e)(4)(A)(i) (16 
     U.S.C. 1824(e)(4)(A)(i)) is amended to read as follows:
       ``(i) Pacific Insular Area observer programs, or other 
     monitoring programs, that the Secretary determines are 
     adequate to monitor the harvest, bycatch, and compliance with 
     the laws of the United States by foreign fishing vessels that 
     fish under Pacific Insular Area fishing agreements;''.

     SEC. 405. REAUTHORIZATION OF ATLANTIC TUNAS CONVENTION ACT.

       (a) In General.--Section 10 of the Atlantic Tunas 
     Convention Act of 1975 (16 U.S.C. 971h) is amended to read as 
     follows:

     ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to the Secretary to carry out this Act, including use for 
     payment of the United States share of the joint expenses of 
     the Commission as provided in Article X of the Convention--
       ``(1) $5,495,000 for fiscal year 2006;
       ``(2) $5,770,000 for each of fiscal years 2007 and 2008;
       ``(3) $6,058,000 for each of fiscal years 2009 and 2010; 
     and
       ``(4) $6,361,000 for each of fiscal years 2011 and 2012.
       ``(b) Allocation.--Of the amounts made available under 
     subsection (a) for each fiscal year--
       ``(1) $160,000 are authorized for the advisory committee 
     established under section 4 of this Act and the species 
     working groups established under section 4A of this Act; and
       ``(2) $7,500,000 are authorized for research activities 
     under this Act and section 3 of Public Law 96-339 (16 U.S.C. 
     971i), of which $3,000,000 shall be for the cooperative 
     research program under section 3(b)(2)(H) of that section (16 
     U.S.C. 971i(b)(2)(H).''.
       (b) Disqualification from Appointment to International 
     Commission for the Conservation of Atlantic Tunas.--Section 
     3(a) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
     971a(a)) is amended by adding at the end the following:
       ``(4) An individual who has directly represented, aided, or 
     advised a foreign entity in any marine resources negotiation, 
     or marine resource dispute, with the United States may not be 
     appointed or serve as a Commissioner.''.
       (c) Atlantic Billfish Cooperative Research Program.--
     Section 3(b)(2) of Public Law 96-339 (16 U.S.C. 971i(b)(2)) 
     is amended--
       (1) by striking ``and'' after the semicolon in subparagraph 
     (G);
       (2) by redesignating subparagraph (H) as subparagraph (I); 
     and
       (3) by inserting after subparagraph (G) the following:
       ``(H) include a cooperative research program on Atlantic 
     billfish based on the Southeast Fisheries Science Center 
     Atlantic Billfish Research Plan of 2002; and''.

     SEC. 406. INTERNATIONAL OVERFISHING AND DOMESTIC EQUITY.

       (a) International Overfishing.--Section 304 (16 U.S.C. 
     1854) is amended by adding at the end thereof the following:
       ``(i) International Overfishing.--The provisions of this 
     subsection shall apply in lieu of subsection (e) to a fishery 
     that the Secretary determines is overfished or approaching a 
     condition of being overfished due to excessive international 
     fishing pressure, and for which there are no management 
     measures to end overfishing under an international agreement 
     to which the United States is a party. For such fisheries--
       ``(1) the Secretary, in cooperation with the Secretary of 
     State, immediately take appropriate action at the 
     international level to end the overfishing; and
       ``(2) within 1 year after the Secretary's determination, 
     the appropriate Council, or Secretary, for fisheries under 
     section 302(a)(3) shall--
       ``(A) develop recommendations for domestic regulations to 
     address the relative impact of fishing vessels of the United 
     States on the stock and, if developed by a Council, the 
     Council shall submit such recommendations to the Secretary; 
     and
       ``(B) develop and submit recommendations to the Secretary 
     of State, and to the Congress, for international actions that 
     will end overfishing in the fishery and rebuild the affected 
     stocks, taking into account the relative impact of vessels of 
     other nations and vessels of the United States on the 
     relevant stock.''.
       (b) Highly Migratory Species Tagging Research.--Section 
     304(g)(2) (16 U.S.C. 1854(g)(2)) is amended by striking ``(16 
     U.S.C. 971d)'' and inserting ``(16 U.S.C. 971d), or highly 
     migratory species harvested in a commercial fishery managed 
     by a Council under this Act or the Western and Central 
     Pacific Fisheries Convention Implementation Act,''.

     SEC. 407. U.S. CATCH HISTORY.

       In establishing catch allocations under international 
     fisheries agreements, the Secretary, in consultation with the 
     Secretary of the Department in which the Coast Guard is 
     operating, and the Secretary of State, shall ensure that all 
     catch history in a fishery associated with a vessel of the 
     United States remains with the United States in that fishery, 
     and is not transferred or credited to any other nation or 
     vessel of such nation, including when a vessel of the United 
     States is sold or transferred to a citizen of another nation 
     or to an entity controlled by citizens of another nation.

     SEC. 408. SECRETARIAL REPRESENTATIVE FOR INTERNATIONAL 
                   FISHERIES.

       (a) In General.--The Secretary, in consultation with the 
     Under Secretary of Commerce for Oceans and Atmosphere, shall 
     designate a Senate-confirmed, senior official within the 
     National Oceanic and Atmospheric Administration to perform 
     the duties of the Secretary with respect to international 
     agreements involving fisheries and other living marine 
     resources, including policy development and representation as 
     a U.S. Commissioner, under any such international agreements.
       (b) Advice.--The designated official shall, in consultation 
     with the Deputy Assistant Secretary for International Affairs 
     and the Administrator of the National Marine Fisheries 
     Service, advise the Secretary, Undersecretary of Commerce for 
     Oceans and Atmosphere, and other senior officials of the 
     Department of Commerce and the National Oceanic and 
     Atmospheric Administration on development of policy on 
     international fisheries conservation and management matters.
       (c) Consultation.--The designated official shall consult 
     with the Senate Committee on Commerce, Science, and 
     Transportation and the House Committee on Resources on 
     matters pertaining to any regional or international 
     negotiation concerning living marine resources, including 
     shellfish, including before initialing any agreement 
     concerning living marine resources or attending any official 
     meeting at which management measures will be discussed, and 
     shall otherwise keep the committees informed throughout the 
     negotiation process.
       (d) Delegation.--The designated official may delegate and 
     authorize successive re-delegation of such functions, powers, 
     and duties to such officers and employees of the National 
     Oceanic and Atmospheric Administration as deemed necessary to 
     discharge the responsibility of the Office.
       (e) Disqualification from Designation.--The Secretary may 
     not designate an individual under subsection (a) who has 
     directly represented, aided, or advised a foreign entity (as 
     defined in section 207(f)(3) of title 18, United States Code) 
     in any marine resource negotiation, or marine resource 
     dispute, with the United States.

   TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES 
                               CONVENTION

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Western and Central 
     Pacific Fisheries Convention Implementation Act''.

     SEC. 502. DEFINITIONS.

       In this title:
       (1) 1982 Convention.--The term ``1982 Convention'' means 
     the United Nations Convention on the Law of the Sea of 10 
     December 1982.
       (2) Agreement.--The term ``Agreement'' means the Agreement 
     for the Implementation of the Provisions of the United 
     Nations Convention on the Law of the Sea of 10 December 1982 
     relating to the Conservation and Management of Straddling 
     Fish Stocks and Highly Migratory Fish Stocks.
       (3) Commission.--The term ``Commission'' means the 
     Commission for the Conservation and Management of Highly 
     Migratory Fish Stocks in the Western and Central Pacific 
     Ocean established in accordance with this Convention.
       (4) Convention area.--The term ``convention area'' means 
     all waters of the Pacific Ocean bounded to the south and to 
     the east by the following line:

     From the south coast of Australia due south along the 141th 
     meridian of east longitude to its intersection with the 55th 
     parallel of south latitude; thence due east along the 55th 
     parallel of south latitude to its intersection with the 150th 
     meridian of east longitude; thence due south along the 150th 
     meridian of east longitude to its intersection with the 60th 
     parallel of south latitude; thence due east along the 60th 
     parallel of south latitude to its intersection with the 130th 
     meridian of west longitude; thence due north along the 130th 
     meridian of west longitude to its intersection with the 4th 
     parallel of south latitude; thence due west along the 4th 
     parallel of south latitude to its intersection with the 150th 
     meridian of west longitude; thence due north along the 150th 
     meridian of west longitude.
       (5) Exclusive economic zone.--The term ``exclusive economic 
     zone'' means the zone

[[Page 11719]]

     established by Presidential Proclamation Numbered 5030 of 
     March 10, 1983.
       (6) Fishing.--The term ``fishing'' means:
       (A) searching for, catching, taking, or harvesting fish.
       (B) attempting to search for, catch, take, or harvest fish.
       (C) engaging in any other activity which can reasonably be 
     expected to result in the locating, catching, taking, or 
     harvesting of fish for any purpose.
       (D) placing, searching for, or recovering fish aggregating 
     devices or associated electronic equipment such as radio 
     beacons.
       (E) any operations at sea directly in support of, or in 
     preparation for, any activity described in subparagraphs (A) 
     through (D), including transshipment.
       (F) use of any other vessel, vehicle, aircraft, or 
     hovercraft, for any activity described in subparagraphs (A) 
     through (E) except for emergencies involving the health and 
     safety of the crew or the safety of a vessel.
       (7) Fishing vessel.--The term ``fishing vessel'' means any 
     vessel used or intended for use for the purpose of fishing, 
     including support ships, carrier vessels, and any other 
     vessel directly involved in such fishing operations.
       (8) Highly migratory fish stocks.--The term ``highly 
     migratory fish stocks'' means all fish stocks of the species 
     listed in Annex 1 of the 1982 Convention occurring in the 
     Convention Area, and such other species of fish as the 
     Commission may determine.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (10) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of the Northern Mariana Islands, American Samoa, 
     Guam, and any other commonwealth, territory, or possession of 
     the United States.
       (11) Transhipment.--The term ``transshipment'' means the 
     unloading of all or any of the fish on board a fishing vessel 
     to another fishing vessel either at sea or in port.
       (12) WCPCF Convention; Western and Central Pacific 
     Convention.--The terms ``WCPCF Convention'' and ``Western and 
     Central Pacific Convention'' means the Convention on the 
     Conservation and Management of the Highly Migratory Fish 
     Stocks in the Western and Central Pacific Ocean, with 
     Annexes, which was adopted at Honolulu, Hawaii, on September 
     5, 2000, by the Multilateral High Level Conference on the 
     Highly Migratory Fish Stocks in the Western and Central 
     Pacific Ocean.

     SEC. 503. APPOINTMENT OF UNITED STATES COMMISSIONERS.

       (a) In General.--The United States shall be represented on 
     the Commission by 5 United States Commissioners. The 
     President shall appoint individuals to serve on the 
     Commission at the pleasure of the President. In making the 
     appointments, the President shall select Commissioners from 
     among individuals who are knowledgeable or experienced 
     concerning highly migratory fish stocks in the Western and 
     Central Pacific Ocean, one of whom shall be an officer or 
     employee of the Department of Commerce, and one of whom shall 
     be the chairman or a member of the Western Pacific Fishery 
     Management Council. The Commissioners shall be entitled to 
     adopt such rules of procedures as they find necessary and to 
     select a chairman from among members who are officers or 
     employees of the United States Government.
       (b) Alternate Commissioners.--The Secretary of State, in 
     consultation with the Secretary, may designate from time to 
     time and for periods of time deemed appropriate Alternate 
     United States Commissioners to the Commission. Any Alternate 
     United States Commissioner may exercise at any meeting of the 
     Commission, Council, any Panel, or the advisory committee 
     established pursuant to subsection (d), all powers and duties 
     of a United States Commissioner in the absence of any 
     Commissioner appointed pursuant to subsection (a) of this 
     section for whatever reason. The number of such Alternate 
     United States Commissioners that may be designated for any 
     such meeting shall be limited to the number of United States 
     Commissioners appointed pursuant to subsection (a) of this 
     section who will not be present at such meeting.
       (c) Administrative Matters.--
       (1) Employment status.--Individuals serving as such 
     Commissioners, other than officers or employees of the United 
     States Government, shall be considered to be Federal 
     employees while performing such service, only for purposes 
     of--
       (A) injury compensation under chapter 81 of title 5, United 
     States Code;
       (B) tort claims liability as provided under chapter 171 of 
     title 28 United States Code;
       (C) requirements concerning ethics, conflicts of interest, 
     and corruption as provided under title 18, United States 
     Code; and
       (D) any other criminal or civil statute or regulation 
     governing the conduct of Federal employees.
       (2) Compensation.--The United States Commissioners or 
     Alternate Commissioners, although officers of the United 
     States while so serving, shall receive no compensation for 
     their services as such Commissioners or Alternate 
     Commissioners.
       (3) Travel Expenses.--
       (A) The Secretary of State shall pay the necessary travel 
     expenses of United States Commissioners and Alternate United 
     States Commissioners in accordance with the Federal Travel 
     Regulations and sections 5701, 5702, 5704 through 5708, and 
     5731 of title 5, United States Code.
       (B) The Secretary may reimburse the Secretary of State for 
     amounts expended by the Secretary of State under this 
     subsection.
       (d) Advisory Committees.--
       (1) Establishment of permanent advisory committee.--
       (A) Membership.--There is established an advisory committee 
     which shall be composed of--
       (i) not less than 15 nor more than 20 individuals appointed 
     by the United States Commissioners who shall select such 
     individuals from the various groups concerned with the 
     fisheries covered by the WCPFC Convention, providing, to the 
     maximum extent practicable, an equitable balance among such 
     groups;
       (ii) the chair of the Western Pacific Fishery Management 
     Council's Advisory Committee or the chair's designee; and
       (iii) officials of the fisheries management authorities of 
     American Samoa, Guam, and the Northern Mariana Islands (or 
     their designees).
       (B) Terms and privileges.--Each member of the advisory 
     committee appointed under subparagraph (A) shall serve for a 
     term of 2 years and shall be eligible for reappointment. 
     Members of the advisory committee may attend all public 
     meetings of the Commission, Council, or any Panel to which 
     they are invited by the Commission, Council, or any Panel. 
     The advisory committee shall be invited to attend all non-
     executive meetings of the United States Commissioners and at 
     such meetings shall be given opportunity to examine and to be 
     heard on all proposed programs of investigation, reports, 
     recommendations, and regulations of the Commission.
       (C) Procedures.--The advisory committee established by 
     subparagraph (A) shall determine its organization, and 
     prescribe its practices and procedures for carrying out its 
     functions under this chapter, the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.), and 
     the WCPFC Convention. The advisory committee shall publish 
     and make available to the public a statement of its 
     organization, practices, and procedures. A majority of the 
     members of the advisory committee shall constitute a quorum. 
     Meetings of the advisory committee, except when in executive 
     session, shall be open to the public, and prior notice of 
     meetings shall be made public in a timely fashion. and the 
     advisory committee shall not be subject to the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       (D) Provision of information.--The Secretary and the 
     Secretary of State shall furnish the advisory committee with 
     relevant information concerning fisheries and international 
     fishery agreements.
       (2) Administrative matters.--
       (A) Support services.--The Secretary shall provide to 
     advisory committees in a timely manner such administrative 
     and technical support services as are necessary for their 
     effective functioning.
       (B) Compensation; status; expenses.--Individuals appointed 
     to serve as a member of an advisory committee--
       (i) shall serve without pay, but while away from their 
     homes or regular places of business in the performance of 
     services for the advisory committee shall be allowed travel 
     expenses, including per diem in lieu of subsistence, in the 
     same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703 of 
     title 5, United States Code; and
       (ii) shall not be considered Federal employees by reason of 
     their service as members of an advisory committee, except for 
     purposes of injury compensation or tort claims liability as 
     provided in chapter 81 of title 5, United States Code, and 
     chapter 171 of title 28, United States Code.
       (f) Memorandum of Understanding.--For highly migratory 
     species in the Pacific, the Secretary, in coordination with 
     the Secretary of State, shall develop a memorandum of 
     understanding with the Western Pacific, Pacific, and North 
     Pacific Fishery Management Councils, that specifies the role 
     of the relevant Council or Councils with respect to--
       (1) participation in United States delegations to 
     international fishery organizations in the Pacific Ocean, 
     including government-to-government consultations;
       (2) providing formal recommendations to the Secretary and 
     the Secretary of State regarding necessary measures for both 
     domestic and foreign vessels fishing for these species;
       (3) coordinating positions with the United States 
     delegation for presentation to the appropriate international 
     fishery organization; and
       (4) recommending those domestic fishing regulations that 
     are consistent with the actions of the international fishery 
     organization, for approval and implementation under the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1801 et seq.)

     SEC. 504. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF 
                   STATE.

       The Secretary of State may--

[[Page 11720]]

       (1) receive and transmit, on behalf of the United States, 
     reports, requests, recommendations, proposals, decisions, and 
     other communications of and to the Commission;
       (2) in consultation with the Secretary and the United 
     States Commissioners, approve, disapprove, object to, or 
     withdraw objections to bylaws and rules, or amendments 
     thereof, adopted by the WCPFC Commission, and, with the 
     concurrence of the Secretary to approve or disapprove the 
     general annual program of the WCPFC Commission with respect 
     to conservation and management measures and other measures 
     proposed or adopted in accordance with the WCPFC Convention; 
     and
       (3) act upon, or refer to other appropriate authority, any 
     communication referred to in paragraph (1).

     SEC. 505. RULEMAKING AUTHORITY OF THE SECRETARY OF COMMERCE.

       (a) Promulgation of Regulations.--The Secretary, in 
     consultation with the Secretary of State and, with respect to 
     enforcement measures, the Secretary of the Department in 
     which the Coast Guard is operating, is authorized to 
     promulgate such regulations as may be necessary to carry out 
     the United States international obligations under the WCPFC 
     Convention and this title, including recommendations and 
     decisions adopted by the Commission. In cases where the 
     Secretary has discretion in the implementation of one or more 
     measures adopted by the Commission that would govern 
     fisheries under the authority of a Regional Fishery 
     Management Council, the Secretary may, to the extent 
     practicable within the implementation schedule of the WCPFC 
     Convention and any recommendations and decisions adopted by 
     the Commission, promulgate such regulations in accordance 
     with the procedures established by the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1801 et 
     seq.).
       (b) Additions to Fishery Regimes and Regulations.--The 
     Secretary may promulgate regulations applicable to all 
     vessels and persons subject to the jurisdiction of the United 
     States, including United States flag vessels wherever they 
     may be operating, on such date as the Secretary shall 
     prescribe.

     SEC. 506. ENFORCEMENT.

       (a) In General.--The Secretary may--
       (1) administer and enforce this title and any regulations 
     issued under this title, except to the extent otherwise 
     provided for in this Act;
       (2) request and utilize on a reimbursed or non-reimbursed 
     basis the assistance, services, personnel, equipment, and 
     facilities of other Federal departments and agencies in--
       (A) the administration and enforcement of this title; and
       (B) the conduct of scientific, research, and other programs 
     under this title;
       (3) conduct fishing operations and biological experiments 
     for purposes of scientific investigation or other purposes 
     necessary to implement the WCPFC Convention;
       (4) collect, utilize, and disclose such information as may 
     be necessary to implement the WCPFC Convention, subject to 
     sections 552 and 552a of title 5, United States Code, and 
     section 402(b) of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1881a(b));
       (5) if recommended by the United States Commissioners or 
     proposed by a Council with authority over the relevant 
     fishery, assess and collect fees, not to exceed three percent 
     of the ex-vessel value of fish harvested by vessels of the 
     United States in fisheries managed pursuant to this title, to 
     recover the actual costs to the United States of management 
     and enforcement under this title, which shall be deposited as 
     an offsetting collection in, and credited to, the account 
     providing appropriations to carry out the functions of the 
     Secretary under this title; and
       (6) issue permits to owners and operators of United States 
     vessels to fish in the convention area seaward of the United 
     States Exclusive Economic Zone, under such terms and 
     conditions as the Secretary may prescribe, and shall remain 
     valid for a period to be determined by the Secretary.
       (b) Consistency with Other Laws.--The Secretary shall 
     ensure the consistency, to the extent practicable, of fishery 
     management programs administered under this Act, the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1801 et seq.), the Tuna Conventions Act (16 U.S.C. 951 
     et seq.), the South Pacific Tuna Act (16 U.S.C. 973 et seq.), 
     section 401 of Public Law 108-219 (16 U.S.C. 1821 note) 
     (relating to Pacific albacore tuna), and the Atlantic Tunas 
     Convention Act (16 U.S.C. 971).
       (c) Actions by the Secretary.--The Secretary shall prevent 
     any person from violating this title in the same manner, by 
     the same means, and with the same jurisdiction, powers, and 
     duties as though all applicable terms and provisions of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1857) were incorporated into and made a part of this 
     title. Any person that violates any provision of this title 
     is subject to the penalties and entitled to the privileges 
     and immunities provided in the Magnuson-Stevens Fishery 
     Conservation and Management Act in the same manner, by the 
     same means, and with the same jurisdiction, power, and duties 
     as though all applicable terms and provisions of that Act 
     were incorporated into and made a part of this title.
       (d) Confidentiality.--
       (1) In general.--Any information submitted to the Secretary 
     in compliance with any requirement under this Act shall be 
     confidential and shall not be disclosed, except--
       (A) to Federal employees who are responsible for 
     administering, implementing, and enforcing this Act;
       (B) to the Commission, in accordance with requirements in 
     the Convention and decisions of the Commission, and, insofar 
     as possible, in accordance with an agreement with the 
     Commission that prevents public disclosure of the identity or 
     business of any person;
       (C) to State or Marine Fisheries Commission employees 
     pursuant to an agreement with the Secretary that prevents 
     public disclosure of the identity or business or any person;
       (D) when required by court order; or
       (E) when the Secretary has obtained written authorization 
     from the person submitting such information to release such 
     information to persons for reasons not otherwise provided for 
     in this subsection, and such release does not violate other 
     requirements of this Act.
       (2) Use of information.--The Secretary shall, by 
     regulation, prescribe such procedures as may be necessary to 
     preserve the confidentiality of information submitted in 
     compliance with any requirement or regulation under this Act, 
     except that the Secretary may release or make public any such 
     information in any aggregate or summary form that does not 
     directly or indirectly disclose the identity or business of 
     any person. Nothing in this subsection shall be interpreted 
     or construed to prevent the use for conservation and 
     management purposes by the Secretary of any information 
     submitted in compliance with any requirement or regulation 
     under this Act.

     SEC. 507. PROHIBITED ACTS.

       (a) In General.--It is unlawful for any person--
       (1) to violate any provision of this title or any 
     regulation or permit issued pursuant to this title;
       (2) to use any fishing vessel to engage in fishing after 
     the revocation, or during the period of suspension, or an 
     applicable permit issued pursuant to this title;
       (3) to refuse to permit any officer authorized to enforce 
     the provisions of this title to board a fishing vessel 
     subject to such person's control for the purposes of 
     conducting any search, investigation, or inspection in 
     connection with the enforcement of this title or any 
     regulation, permit, or the Convention;
       (4) to forcibly assault, resist, oppose, impede, 
     intimidate, or interfere with any such authorized officer in 
     the conduct of any search, investigations, or inspection in 
     connection with the enforcement of this title or any 
     regulation, permit, or the Convention;
       (5) to resist a lawful arrest for any act prohibited by 
     this title;
       (6) to ship, transport, offer for sale, sell, purchase, 
     import, export, or have custody, control, or possession of, 
     any fish taken or retained in violation of this title or any 
     regulation, permit, or agreement referred to in paragraph (1) 
     or (2);
       (7) to interfere with, delay, or prevent, by any means, the 
     apprehension or arrest of another person, knowing that such 
     other person has committed any chapter prohibited by this 
     section;
       (8) to knowingly and willfully submit to the Secretary 
     false information (including false information regarding the 
     capacity and extent to which a United States fish processor, 
     on an annual basis, will process a portion of the optimum 
     yield of a fishery that will be harvested by fishery vessels 
     of the United States), regarding any matter that the 
     Secretary is considering in the course of carrying out this 
     title;
       (9) to forcibly assault, resist, oppose, impede, 
     intimidate, sexually harass, bribe, or interfere with any 
     observer one a vessel under this title, or any data collector 
     employed by the National Marine Fisheries Service or under 
     contract to any person to carry out responsibilities under 
     this title;
       (10) to engage in fishing in violation of any regulation 
     adopted pursuant to section 506(a) of this title;
       (11) to ship, transport, purchase, sell, offer for sale, 
     import, export, or have in custody, possession, or control 
     any fish taken or retained in violation of such regulations;
       (12) to fail to make, keep, or furnish any catch returns, 
     statistical records, or other reports as are required by 
     regulations adopted pursuant to this title to be made, kept, 
     or furnished;
       (13) to fail to stop a vessel upon being hailed and 
     instructed to stop by a duly authorized official of the 
     United States;
       (14) to import, in violation of any regulation adopted 
     pursuant to section 506(a) of this title, any fish in any 
     form of those species subject to regulation pursuant to a 
     recommendation, resolution, or decision of the Commission, or 
     any tuna in any form not under regulation but under 
     investigation by the Commission, during the period such fish 
     have been denied entry in accordance with the provisions of 
     section 506(a) of this title.
       (b) Entry Certification.--In the case of any fish described 
     in subsection (a) offered

[[Page 11721]]

     for entry into the United States, the Secretary of Commerce 
     shall require proof satisfactory to the Secretary that such 
     fish is not ineligible for such entry under the terms of 
     section 506(a) of this title.

     SEC. 508. COOPERATION IN CARRYING OUT CONVENTION.

       (a) Federal and State Agencies; Private Institutions and 
     Organizations.--The Secretary may cooperate with agencies of 
     the United States government, any public or private 
     institutions or organizations within the United States or 
     abroad, and, through the Secretary of State, the duly 
     authorized officials of the government of any party to the 
     WCPFC Convention, in carrying out responsibilities under this 
     title.
       (b) Scientific and Other Programs; Facilities and 
     Personnel.--All Federal agencies are authorized, upon the 
     request of the Secretary, to cooperate in the conduct of 
     scientific and other programs and to furnish facilities and 
     personnel for the purpose of assisting the Commission in 
     carrying out its duties under the WCPFC Convention.
       (c) Sanctioned Fishing Operations and Biological 
     Experiements.--Nothing in this title, or in the laws or 
     regulations of any State, prevents the Secretary or the 
     Commission from--
       (1) conducting or authorizing the conduct of fishing 
     operations and biological experiments at any time for 
     purposes of scientific investigation; or
       (2) discharging any other duties prescribed by the WCPFC 
     Convention.
       (d) State Jurisdiction Not Affected.--Except as provided in 
     subsection (e) of this section, nothing in this title shall 
     be construed to diminish or to increase the jurisdiction of 
     any State in the territorial sea of the United States.
       (e) Application of Regulations--
       (1) In general.--regulations promulgated under section 
     506(a) of this title shall apply within the boundaries of any 
     State bordering on the Convention area if the Secretary has 
     provided notice to such State, the State does not request an 
     agency hearing, and the Secretary determines that the State--
       (A) has not, within a reasonable period of time after the 
     promulgation of regulations pursuant to this title, enacted 
     laws or promulgated regulations that implement the 
     recommendations of the Commission within the boundaries of 
     such State; or
       (B) has enacted laws or promulgated regulations that 
     implement the recommendations of the commission within the 
     boundaries of such State that--
       (i) are less restrictive that the regulations promulgated 
     under section 506(a) of this title; or
       (ii) are not effectively enforced.
       (2) Determination by Secretary.--The regulations 
     promulgated pursuant to section 506(a) of this title shall 
     apply until the Secretary determines that the State is 
     effectively enforcing within its boundaries measures that are 
     not less restrictive than the regulations promulgated under 
     section 506(a) of this title.
       (3) Hearing.--If a State requests a formal agency hearing, 
     the Secretary shall not apply the regulations promulgated 
     pursuant section 506(a) of this title within that State's 
     boundaries unless the hearing record supports a determination 
     under paragraph (1)(A) or (B).
       (f) Review of State Laws and Regulations.--To ensure that 
     the purposes of subsection (e) are carried out, the Secretary 
     shall undertake a continuing review of the laws and 
     regulations of all States to which subsection (e) applies or 
     may apply and the extent to which such laws and regulations 
     are enforced.

     SEC. 509. TERRITORIAL PARTICIPATION.

       The Secretary of State shall ensure participation in the 
     Commission and its subsidiary bodies by American Samoa, Guam, 
     and the Northern Mariana Islands to the same extent provided 
     to the territories of other nations.

     SEC. 510. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.

       Masters of commercial fishing vessels of nations fishing 
     for species under the management authority of the Western and 
     Central Pacific Fisheries Convention that do not carry vessel 
     monitoring systems capable of communicating with United 
     States enforcement authorities shall, prior to, or as soon as 
     reasonably possible after, entering and transiting the 
     Exclusive Economic Zone seaward of Hawaii and of the 
     Commonwealths, territories, and possessions of the United 
     States in the Pacific Ocean area--
       (1) notify the United States Coast Guard or the National 
     Marine Fisheries Service Office of Law Enforcement in the 
     appropriate region of the name, flag state, location, route, 
     and destination of the vessel and of the circumstances under 
     which it will enter United States waters;
       (2) ensure that all fishing gear on board the vessel is 
     stowed below deck or otherwise removed from the place where 
     it is normally used for fishing and placed where it is not 
     readily available for fishing; and
       (3) where requested by an enforcement officer, proceed to a 
     specified location so that a vessel inspection can be 
     conducted.

     SEC. 511. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Commerce such sums as may be necessary to carry out this 
     title and to pay the United States' contribution to the 
     Commission under section 5 of part III of the WCPFC 
     Convention.

                       TITLE VI--PACIFIC WHITING

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Pacific Whiting Act of 
     2006''.

     SEC. 602. DEFINITIONS.

       In this title:
       (1) Advisory panel.--The term ``advisory panel'' means the 
     Advisory Panel on Pacific Hake/Whiting established by the 
     Agreement.
       (2) Agreement.--The term ``Agreement'' means the Agreement 
     between the Government of the United States and the 
     Government of Canada on Pacific Hake/Whiting, signed at 
     Seattle, Washington, on November 21, 2003.
       (3) Catch.--The term ``catch'' means all fishery removals 
     from the offshore whiting resource, including landings, 
     discards, and bycatch in other fisheries.
       (4) Joint management committee.--The term ``joint 
     management committee'' means the joint management committee 
     established by the Agreement.
       (5) Joint technical committee.--The term ``joint technical 
     committee'' means the joint technical committee established 
     by the Agreement.
       (6) Offshore whiting resource.--The term ``offshore whiting 
     resource'' means the transboundary stock of Merluccius 
     productus that is located in the offshore waters of the 
     United States and Canada except in Puget Sound and the Strait 
     of Georgia.
       (7) Scientific review group.--The term ``scientific review 
     group'' means the scientific review group established by the 
     Agreement.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (9) United states section.--The term ``United States 
     Section'' means the United States representatives on the 
     joint management committee.

     SEC. 603. UNITED STATES REPRESENTATION ON JOINT MANAGEMENT 
                   COMMITTEE.

       (a) Representatives.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of State, shall appoint 4 individuals to represent 
     the United States as the United States Section on the joint 
     management committee. In making the appointments, the 
     Secretary shall select representatives from among individuals 
     who are knowledgeable or experienced concerning the offshore 
     whiting resource. Of these--
       (A) 1 shall be an official of the National Oceanic and 
     Atmospheric Administration;
       (B) 1 shall be a member of the Pacific Fishery Management 
     Council, appointed with consideration given to any 
     recommendation provided by that Council;
       (C) 1 shall be appointed from a list submitted by the 
     treaty Indian tribes with treaty fishing rights to the 
     offshore whiting resource; and
       (D) 1 shall be appointed from the commercial sector of the 
     whiting fishing industry concerned with the offshore whiting 
     resource.
       (2) Term of office.--Each representative appointed under 
     paragraph (1) shall be appointed for a term not to exceed 4 
     years, except that, of the initial appointments, 2 
     representatives shall be appointed for terms of 2 years. Any 
     individual appointed to fill a vacancy occurring prior to the 
     expiration of the term of office of that individual's 
     predecessor shall be appointed for the remainder of that 
     term. A representative may be appointed for a term of less 
     than 4 years if such term is necessary to ensure that the 
     term of office of not more than 2 representatives will expire 
     in any single year. An individual appointed to serve as a 
     representative is eligible for reappointment.
       (3) Chair.--Unless otherwise agreed by all of the 4 
     representatives, the chair shall rotate annually among the 4 
     members, with the order of rotation determined by lot at the 
     first meeting.
       (b) Alternate Representatives.--The Secretary, in 
     consultation with the Secretary of State, may designate 
     alternate representatives of the United States to serve on 
     the joint management committee. An alternative representative 
     may exercise, at any meeting of the committee, all the powers 
     and duties of a representative in the absence of a duly 
     designated representative for whatever reason.

     SEC. 604. UNITED STATES REPRESENTATION ON THE SCIENTIFIC 
                   REVIEW GROUP.

       (a) In General.--The Secretary, in consultation with the 
     Secretary of State, shall appoint no more than 2 scientific 
     experts to serve on the scientific review group. An 
     individual shall not be eligible to serve on the scientific 
     review group while serving on the joint technical committee.
       (b) Term.--An individual appointed under subsection (a) 
     shall be appointed for a term of not to exceed 4 years, but 
     shall be eligible for reappointment. An individual appointed 
     to fill a vacancy occurring prior to the expiration of a term 
     of office of that individual's predecessor shall be appointed 
     to serve for the remainder of that term.
       (c) Joint Appointments.--In addition to individuals 
     appointed under subsection (a), the Secretary, jointly with 
     the Government

[[Page 11722]]

     of Canada, may appoint to the scientific review group, from a 
     list of names provided by the advisory panel --
       (1) up to 2 independent members of the scientific review 
     group; and
       (2) 2 public advisors.

     SEC. 605. UNITED STATES REPRESENTATION ON JOINT TECHNICAL 
                   COMMITTEE.

       (a) Scientific Experts.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of State, shall appoint at least 6 but not more 
     than 12 individuals to serve as scientific experts on the 
     joint technical committee, at least 1 of whom shall be an 
     official of the National Oceanic and Atmospheric 
     Administration.
       (2) Term of office.--An individual appointed under 
     paragraph (1) shall be appointed for a term of not to exceed 
     4 years, but shall be eligible for reappointment. An 
     individual appointed to fill a vacancy occurring prior to the 
     expiration of the term of office of that individual's 
     predecessor shall be appointed for the remainder of that 
     term.
       (b) Independent Member.--In addition to individuals 
     appointed under subsection (a), the Secretary, jointly with 
     the Government of Canada, shall appoint 1 independent member 
     to the joint technical committee selected from a list of 
     names provided by the advisory panel.

     SEC. 606. UNITED STATES REPRESENTATION ON ADVISORY PANEL.

       (a) In General.--
       (1) Appointment.--The Secretary, in consultation with the 
     Secretary of State, shall appoint at least 6 but not more 
     than 12 individuals to serve as members of the advisory 
     panel, selected from among individuals who are--
       (A) knowledgeable or experienced in the harvesting, 
     processing, marketing, management, conservation, or research 
     of the offshore whiting resource; and
       (B) not employees of the United States.
       (2) Term of office.--An individual appointed under 
     paragraph (1) shall be appointed for a term of not to exceed 
     4 years, but shall be eligible for reappointment. An 
     individual appointed to fill a vacancy occurring prior to the 
     expiration of the term of office of that individual's 
     predecessor shall be appointed for the remainder of that 
     term.

     SEC. 607. RESPONSIBILITIES OF THE SECRETARY.

       (a) In General.--The Secretary is responsible for carrying 
     out the Agreement and this title, including the authority, to 
     be exercised in consultation with the Secretary of State, to 
     accept or reject, on behalf of the United States, 
     recommendations made by the joint management committee.
       (b) Regulations; Cooperation with Canadian Officials.--In 
     exercising responsibilities under this title, the Secretary--
       (1) may promulgate such regulations as may be necessary to 
     carry out the purposes and objectives of the Agreement and 
     this title; and
       (2) with the concurrence of the Secretary of State, may 
     cooperate with officials of the Canadian Government duly 
     authorized to carry out the Agreement.

     SEC. 608. RULEMAKING.

       (a) Application with Magnuson-Stevens Act.--The Secretary 
     shall establish the United States catch level for Pacific 
     whiting according to the standards and procedures of the 
     Agreement and this title rather than under the standards and 
     procedures of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.), except to the extent 
     necessary to address the rebuilding needs of other species. 
     Except for establishing the catch level, all other aspects of 
     Pacific whiting management shall be--
       (1) subject to the Magnuson-Stevens Fishery Conservation 
     and Management Act; and
       (2) consistent with this title.
       (b) Joint Management Committee Recommendations.--For any 
     year in which both parties to the Agreement approve 
     recommendations made by the joint management committee with 
     respect to the catch level, the Secretary shall implement the 
     approved recommendations. Any regulation promulgated by the 
     Secretary to implement any such recommendation shall apply, 
     as necessary, to all persons and all vessels subject to the 
     jurisdiction of the United States wherever located.
       (c) Years with No Approved Catch Recommendations.--If the 
     parties to the Agreement do not approve the joint management 
     committee's recommendation with respect to the catch level 
     for any year, the Secretary shall establish the total 
     allowable catch for Pacific whiting for the United States 
     catch. In establishing the total allowable catch under this 
     subsection, the Secretary shall--
       (1) take into account any recommendations from the Pacific 
     Fishery Management Council, the joint management committee, 
     the joint technical committee, the scientific review group, 
     and the advisory panel;
       (2) base the total allowable catch on the best scientific 
     information available;
       (3) use the default harvest rate set out in paragraph 1 of 
     Article III of the Agreement unless the Secretary determines 
     that the scientific evidence demonstrates that a different 
     rate is necessary to sustain the offshore whiting resource; 
     and
       (4) establish the United State's share of the total 
     allowable catch based on paragraph 2 of Article III of the 
     Agreement and make any adjustments necessary under section 5 
     of Article II of the Agreement.

     SEC. 609. ADMINISTRATIVE MATTERS.

       (a) Employment Status.--Individuals serving as such 
     Commissioners, other than officers or employees of the United 
     States Government, shall be considered to be Federal 
     employees while performing such service, only for purposes 
     of--
       (1) injury compensation under chapter 81 of title 5, United 
     States Code;
       (2) tort claims liability as provided under chapter 171 of 
     title 28 United States Code;
       (3) requirements concerning ethics, conflicts of interest, 
     and corruption as provided under title 18, United States 
     Code; and
       (4) any other criminal or civil statute or regulation 
     governing the conduct of Federal employees.
       (b) Compensation.--
       (1) In general.--Except as provided in paragraph (2), an 
     individual appointed under this title shall receive no 
     compensation for the individual's service as a 
     representative, alternate representative, scientific expert, 
     or advisory panel member under this title.
       (2) Scientific review group.--Notwithstanding paragraph 
     (1), the Secretary may employ and fix the compensation of an 
     individual appointed under section 604(a) to serve as a 
     scientific expert on the scientific review group who is not 
     employed by the United States government, a State government, 
     or an Indian tribal government in accordance with section 
     3109 of title 5, United States Code.
       (c) Travel Expenses.--Except as provided in subsection (d), 
     the Secretary shall pay the necessary travel expenses of 
     individuals appointed under this title in accordance with the 
     Federal Travel Regulations and sections 5701, 5702, 5704 
     through 5708, and 5731 of title 5, United States Code.
       (d) Joint Appointees.--With respect to the 2 independent 
     members of the scientific review group and the 2 public 
     advisors to the scientific review group jointly appointed 
     under section 604(c), and the 1 independent member to the 
     joint technical committee jointly appointed under section 
     605(b), the Secretary may pay up to 50 percent of--
       (1) any compensation paid to such individuals; and
       (2) the necessary travel expenses of such individuals.

     SEC. 610. ENFORCEMENT.

       (a) In General.--The Secretary may--
       (1) administer and enforce this title and any regulations 
     issued under this title;
       (2) request and utilize on a reimbursed or non-reimbursed 
     basis the assistance, services, personnel, equipment, and 
     facilities of other Federal departments and agencies in the 
     administration and enforcement of this title; and
       (3) collect, utilize, and disclose such information as may 
     be necessary to implement the Agreement and this title, 
     subject to sections 552 and 552a of title 5, United States 
     Code.
       (b) Prohibited Acts.--It is unlawful for any person to 
     violate any provision of this title or the regulations 
     promulgated under this title.
       (c) Actions by the Secretary.--The Secretary shall prevent 
     any person from violating this title in the same manner, by 
     the same means, and with the same jurisdiction, powers, and 
     duties as though all applicable terms and provisions of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1857) were incorporated into and made a part of this 
     title. Any person that violates any provision of this title 
     is subject to the penalties and entitled to the privileges 
     and immunities provided in the Magnuson-Stevens Fishery 
     Conservation and Management Act in the same manner, by the 
     same means, and with the same jurisdiction, power, and duties 
     as though all applicable terms and provisions of that Act 
     were incorporated into and made a part of this title.
       (d) Penalties.--This title shall be enforced by the 
     Secretary as if a violation of this title or of any 
     regulation promulgated by the Secretary under this title were 
     a violation of section 307 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1857).

     SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary 
     such sums as may be necessary to carry out the obligations of 
     the United States under the Agreement and this title.
                                 ______
                                 
  SA 4311. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle A of title V, add the following:

     SEC. 509. CONDITION ON APPOINTMENT OF COMMISSIONED OFFICERS 
                   TO POSITION OF DIRECTOR OF NATIONAL 
                   INTELLIGENCE OR DIRECTOR OF THE CENTRAL 
                   INTELLIGENCE AGENCY.

       (a) Condition.--

[[Page 11723]]

       (1) In general.--Chapter 32 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 529. Condition on appointment to certain positions: 
       Director of National Intelligence; Director of the Central 
       Intelligence Agency

       ``As a condition of appointment to the position of Director 
     of National Intelligence or Director of the Central 
     Intelligence Agency, an officer shall acknowledge that upon 
     termination of service in such position the officer shall be 
     retired in accordance with section 1253 of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 32 of such title is amended by adding at 
     the end the following new item:

``529.  Condition on appointment to certain positions: Director of 
              National Intelligence; Director of the Central 
              Intelligence Agency.''.

       (b) Retirement.--
       (1) In general.--Chapter 63 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1253. Mandatory retirement: Director of National 
       Intelligence; Director of the Central Intelligence Agency

       ``Upon termination of the appointment of an officer to the 
     position of Director of National Intelligence or Director of 
     the Central Intelligence Agency, the Secretary of the 
     military department concerned shall retire the officer under 
     any provision of this title under which the officer is 
     eligible to retire.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 63 of such title is amended by adding at 
     the end the following new item:

``1253.  Mandatory retirement: Director of National Intelligence; 
              Director of the Central Intelligence Agency.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to appointments of commissioned 
     officers of the Armed Forces to the position of Director of 
     National Intelligence or Director of the Central Intelligence 
     Agency on or after that date.
                                 ______
                                 
  SA 4312. Mr. ALLEN submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title VI, add the following:

     SEC. 620. ENHANCEMENT OF BONUS TO ENCOURAGE MEMBERS OF THE 
                   ARMY TO REFER OTHER PERSONS FOR ENLISTMENT IN 
                   THE ARMY.

       (a) Individuals Eligible for Bonus.--Subsection (a) of 
     section 645 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3310) is 
     amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary'';
       (2) by striking ``a member of the Army, whether in the 
     regular component of the Army or in the Army National Guard 
     or Army Reserve,'' and inserting ``an individual referred to 
     in paragraph (2)''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Individuals eligible for bonus.--Subject to 
     subsection (c), the following individuals are eligible for a 
     referral bonus under this section:
       ``(A) A member in the regular component of the Army.
       ``(B) A member of the Army National Guard.
       ``(C) A member of the Army Reserve.
       ``(D) A member of the Army in a retired status, including a 
     member under 60 years of age who, but for age, would be 
     eligible for retired pay.
       ``(E) A civilian employee of the Department of the Army.''.
       (b) Amount of Bonus.--Subsection (d) of such section is 
     amended to read as follows:
       ``(d) Amount of Bonus.--The amount of the bonus payable for 
     a referral under subsection (a) may not exceed $2,000. The 
     amount shall be payable in two lump sums as provided in 
     subsection (e).''.
       (c) Payment of Bonus.--Subsection (e) of such section is 
     amended to read as follows:
       ``(e) Payment.--A bonus payable for a referral of a person 
     under subsection (a) shall be paid as follows:
       ``(1) Not more than $1,000 shall be paid upon the 
     commencement of basic training by the person referred.
       ``(2) Not more than $1,000 shall be paid upon the 
     completion of basic training and individual advanced training 
     by the person referred.''.
       (d) Coordination With Receipt of Retired Pay.--Such section 
     is further amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following new 
     subsection (g):
       ``(g) Coordination With Receipt of Retired Pay.--A bonus 
     paid under this section to a member of the Army in a retired 
     status is in addition to any compensation to such member is 
     entitled under title 10, 37, or 38, United States Code, or 
     under any other provision of law.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to bonuses payable under section 
     645 of the National Defense Authorization Act for Fiscal Year 
     2006, as amended by this section, on or after that date.
                                 ______
                                 
  SA 4313. Mr. ALLEN submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title VI, add the following:

     SEC. 620. ACCESSION BONUS FOR MEMBERS OF THE ARMED FORCES 
                   APPOINTED AS COMMISSIONED OFFICERS AFTER 
                   COMPLETING OFFICER CANDIDATE SCHOOL.

       (a) Accession Bonus Authorized.--
       (1) In general.--Chapter 5 of title 37, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 329. Special pay: accession bonus for officer 
       candidates

       ``(a) Accession Bonus Authorized.--Under regulations 
     prescribed by the Secretary concerned, a person who, during 
     the period beginning on October 1, 2006, and ending on 
     December 31, 2007, executes a written agreement described in 
     subsection (b) may, upon acceptance of the agreement by the 
     Secretary concerned, be paid an accession bonus in an amount 
     determined by the Secretary concerned.
       ``(b) Agreement.--A written agreement described in this 
     subsection is a written agreement by a person--
       ``(1) to complete officer candidate school;
       ``(2) to accept a commission or appointment as an officer 
     of the armed forces; and
       ``(3) to serve on active duty as a commissioned officer for 
     a period specified in such agreement.
       ``(c) Payment Method.--Upon acceptance of a written 
     agreement under subsection (a) by the Secretary concerned, 
     the total amount of the accession bonus payable under the 
     agreement becomes fixed. The agreement shall specify whether 
     the accession bonus will be paid in a lump sum or 
     installments.
       ``(d) Repayment.--A person who, having received all or part 
     of the bonus under a written agreement under subsection (a), 
     does not complete the total period of active duty as a 
     commissioned officer as specified in such agreement shall be 
     subject to the repayment provisions of section 303a(e) of 
     this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by adding at 
     the end the following new item:

``329.  Special pay: accession bonus for officer candidates.''.

       (3) Effective date.--The amendments made by this subsection 
     shall take effect on October 1, 2006.
       (b) Authority for Payment of Bonus Under Earlier 
     Agreements.--
       (1) In general.--The Secretary of the Army may pay a bonus 
     to a person who, during the period beginning on April 1, 
     2005, and ending on April 1, 2006, executed an agreement to 
     enlist for the purpose of attending officer candidate school 
     and receive a bonus under section 309 of title 37, United 
     States Code, and who has completed the terms of the agreement 
     required for payment of the bonus.
       (2) Limitation on amount.--The amount of the bonus payable 
     to a person under this subsection may not exceed $8,000.
       (3) Construction with enlistment bonus.--The bonus payable 
     under this subsection is in addition to a bonus payable under 
     section 309 of title 37, United States Code, or any other 
     provision of law.
                                 ______
                                 
  SA 4314. Mr. ALLEN (for himself, Mr. Craig, and Mrs. Hutchison) 
submitted an amendment intended to be proposed by him to the bill S. 
2766, to authorize appropriations for fiscal year 2007 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle I of title X, add the following:

[[Page 11724]]



     SEC. 1084. CREDIT MONITORING AND DATA THEFT PROTECTION 
                   SERVICES FOR VETERANS AND MEMBERS OF THE ARMED 
                   FORCES AFFECTED BY THEFT OF PERSONAL 
                   INFORMATION FROM THE DEPARTMENT OF VETERANS 
                   AFFAIRS.

       (a) Contract for Services Required.--The Secretary of 
     Veterans Affairs shall enter into a contract with an 
     appropriate entity under which contract such entity shall 
     provide appropriate credit or identity protection monitoring 
     services to veterans and members of the Armed Forces 
     (including members of the National Guard and the Reserve) 
     affected by the theft of personal information from the 
     Department of Veterans Affairs on May 3, 2006.
       (b) Limitation.--The Secretary shall ensure that the 
     contract under subsection (a) permits only those veterans and 
     members of the Armed Forces who choose to receive monitoring 
     services under such contract to elect to have personal 
     information monitored by the contractor under such contract.
       (c) Fixed Price for Services.--The contract under 
     subsection (a) shall, at a minimum, provide a fixed price for 
     any veteran or member of the Armed Forces who elects to 
     receive services under such contract. Such price for such 
     services shall be in effect under such contract for not less 
     than 12 months beginning on the date of the commencement of 
     the provision of services under such contract.
                                 ______
                                 
  SA 4315. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. AMENDMENTS TO THE DEFENSE PRODUCTION ACT OF 1950.

       Section 721 of the Defense Production Act of 1950 (50 
     U.S.C. App. 2170) is amended to read as follows:

     ``SEC. 721. REVIEW AND INVESTIGATION OF MERGERS, 
                   ACQUISITIONS, AND TAKEOVERS BY FOREIGN PERSONS 
                   AND GOVERNMENTS.

       ``(a) Review of Transactions Involving Foreign Persons and 
     Governments.--
       ``(1)  Reviews required.--
       ``(A) In general.--CFIUS shall review any merger, 
     acquisition, or takeover proposed or pending on or after the 
     date of enactment of this section by, with, or on behalf of a 
     foreign person or foreign government which could result in 
     foreign control of a person engaged in interstate commerce in 
     the United States, for which a review is requested, in the 
     manner prescribed by regulations promulgated under this 
     section.
       ``(B) Purposes.--The purpose of such review shall be to 
     determine the effect on national security of such merger, 
     acquisition, or takeover, whether an investigation of such 
     transaction is required under subsection (b), or both.
       ``(2) Timing of reviews.--
       ``(A) In general.--A review of a proposed or pending 
     merger, acquisition, or takeover described in paragraph (1) 
     shall be completed not later than 30 days after the date of 
     receipt by CFIUS of written notification of the proposed or 
     pending merger, acquisition, or takeover, as prescribed by 
     regulations promulgated under this section.
       ``(B) Extensions upon request.--Upon written request by the 
     Secretary, Deputy Secretary, or Under Secretary of one or 
     more of the agencies that make up CFIUS (including any agency 
     described in subsection (c)(4)(I)) for additional time to 
     review a case, the 30-day period described in subparagraph 
     (A) shall be extended by not longer than an additional 30 
     days, if the Secretary, Deputy Secretary, or Under Secretary 
     concludes that there is credible evidence to believe that if 
     permitted to proceed with the transaction, the foreign 
     acquiring entity may take action that threatens to impair the 
     national security.
       ``(b) Investigations of Certain Transactions.--
       ``(1) In general.--CFIUS shall undertake an investigation 
     to determine the effects on national security of any merger, 
     acquisition, or takeover described in subsection (a)(1) 
     proposed or pending on or after the date of enactment of this 
     section--
       ``(A) which would--
       ``(i) result in control of any person engaged in interstate 
     commerce in the United States by a foreign government, or a 
     person acting by, with, or on behalf of a foreign government; 
     or
       ``(ii) result in control of any critical infrastructure of 
     or within the United States by, with, or on behalf of any 
     foreign person, if CFIUS determines that any possible 
     impairment to national security has not been mitigated by 
     additional assurances, as described in subsection (i), during 
     the review period under subsection (a); and
       ``(B) if the review by CFIUS under subsection (a) produces 
     sufficient information to indicate the possibility of an 
     impairment to national security, after consideration of the 
     factors listed in subsection (g).
       ``(2) Timing of investigations.--An investigation required 
     to be undertaken under this subsection--
       ``(A) shall commence at such time as CFIUS determines under 
     subsection (a) that such investigation is required, as 
     prescribed by regulations promulgated pursuant to this 
     section; and
       ``(B) shall be completed not later than 45 days after the 
     date of its commencement.
       ``(3) Resubmitted filings.--An investigation of a merger, 
     acquisition, or takeover under this subsection which is 
     interrupted because the notification or filing is withdrawn 
     by the applicant, and which is subsequently resubmitted, 
     shall require up to a 45-day investigation from the date on 
     which CFIUS receives the new submission. The investigation 
     shall include a review of the rationale for the withdrawal 
     and resubmission of the proposed transaction to CFIUS.
       ``(4) Completion of investigations required.--An 
     investigation of a merger, acquisition, or takeover under 
     this subsection shall be completed, even if the notification 
     or filing of the pending merger, acquisition, or takeover is 
     withdrawn or rescinded, and CFIUS shall continue to monitor 
     such withdrawn or rescinded transaction, except that no 
     completed investigation or continued monitoring shall be 
     required for any pending merger, acquisition, or takeover 
     that is terminated by agreement of the parties to the 
     transaction.
       ``(5) Mandatory notification related to certain 
     transactions affecting national security.--
       ``(A) Chairperson and vice chairperson.--The chairperson 
     and vice chairperson of CFIUS shall jointly agree to issue 
     rules that require each person controlled by or acting on 
     behalf of a foreign government to notify the chairperson of 
     CFIUS in writing of any proposed merger, acquisition, or 
     takeover by such person of United States critical 
     infrastructure relating to United States national security.
       ``(B) Regulations.--The Secretary of the Treasury shall 
     promulgate regulations for the implementation of this 
     paragraph, including the imposition of appropriate penalties 
     for failure to comply with this paragraph.
       ``(c) Committee on Foreign Investment in the United 
     States.--
       ``(1) Establishment.--There is established the Committee on 
     Foreign Investment in the United States, which shall serve as 
     the President's designee for all purposes under this section.
       ``(2) Chairperson.--The Secretary of the Treasury shall 
     serve as the chairperson of CFIUS.
       ``(3) Vice chairperson.--The Secretary of Defense shall 
     serve as the vice chairperson of CFIUS.
       ``(4) Membership.--The members of CFIUS shall include--
       ``(A) the Secretary of the Treasury;
       ``(B) the Secretary of State;
       ``(C) the Secretary of Defense;
       ``(D) the Secretary of Commerce;
       ``(E) the Secretary of Homeland Security;
       ``(F) the Attorney General of the United States;
       ``(G) the Director of the Office of Management and Budget;
       ``(H) the Director of National Intelligence; and
       ``(I) the heads of those other executive departments or 
     agencies as the President determines appropriate, on a case-
     by-case basis.
       ``(5) Referral to appropriate members of cfius.--Upon 
     receipt of notification of a proposed or pending merger, 
     acquisition, or takeover under this section, the chairperson 
     of CFIUS shall assign the appropriate member of CFIUS to lead 
     the review and investigation of such proposed or pending 
     transaction under this section.
       ``(6) Intelligence reviews.--The Director of National 
     Intelligence shall--
       ``(A) direct the intelligence community, to collect and 
     analyze information related to any proposed or pending 
     merger, acquisition, or takeover pursuant to this section, 
     and to prepare a report of its findings, which the Director 
     shall make available to members of CFIUS not later than 15 
     days after the date of the commencement by CFIUS of a 30-day 
     (or longer) review of any such transaction under subsection 
     (a), and before the commencement of any investigation under 
     subsection (b); and
       ``(B) ensure that the intelligence community remains 
     engaged in the collection, analysis, and dissemination to 
     CFIUS of any additional relevant information that may become 
     available during the course of any investigation conducted 
     under subsection (b) with respect to a transaction.
       ``(7) Assessments and classifications of foreign countries 
     for use in reviews and investigations.--
       ``(A) In general.--Not later than 120 days after the date 
     of enactment of the Foreign Investment and National Security 
     Act of 2006, the chairperson and vice chairperson of CFIUS, 
     in consultation with the Secretary of State, the Secretary of 
     Commerce, the Secretary of Energy, the Chairman of the 
     Nuclear Regulatory Commission, and the Director of National 
     Intelligence, shall develop

[[Page 11725]]

     and implement a system for assessing and classifying 
     individual countries, including--
       ``(i) an assessment of the adherence of the country to 
     nonproliferation control regimes, including treaties and 
     multilateral supply guidelines, which shall draw on, but not 
     be limited to, the annual report on Adherence to and 
     Compliance with Arms Control, Nonproliferation and 
     Disarmament Agreements and Commitments required by section 
     403 of the Arms Control and Disarmament Act;
       ``(ii) an assessment of the relationship of such country 
     with the United States, specifically on its record on 
     cooperating in counter-terrorism efforts, which shall draw 
     on, but not be limited to, the report of the President to 
     Congress under section 7120 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004; and
       ``(iii) an assessment of the potential for transshipment or 
     diversion of technologies with military applications, 
     including an analysis of national export control laws and 
     regulations.
       ``(B) Confidentiality.--The assessment and classification 
     system required by subparagraph (A) and any information or 
     documentary material maintained or developed thereunder--
       ``(i) shall be used solely by those agencies involved in 
     reviewing and investigating acquisitions, mergers, and 
     takeovers pursuant to this section;
       ``(ii) may not be made available to the public; and
       ``(iii) shall be exempt from disclosure under section 552 
     of title 5, United States Code.
       ``(8) Staff of cfius.--Employees of the Department of the 
     Treasury who serve as staff for CFIUS shall report directly 
     to the Deputy Secretary of the Treasury, and shall perform no 
     official functions other than as CFIUS staff.
       ``(d) Action by the President.--
       ``(1) In general.--Subject to subsection (e), the President 
     may take such action for such time as the President considers 
     appropriate to suspend or prohibit any merger, acquisition, 
     or takeover described in subsection (a)(1) which would result 
     in control of any critical infrastructure or person engaged 
     in interstate commerce in the United States, proposed or 
     pending on or after the date of enactment of this section, by 
     or with a foreign person or government, so that such control 
     will not threaten to impair the national security.
       ``(2) Announcement by the president.--The President shall 
     announce the decision on whether or not to take action 
     pursuant to this subsection not later than 15 days after an 
     investigation described in subsection (b) is completed.
       ``(3) Enforcement.--The President may direct the Attorney 
     General to seek appropriate relief, including divestment 
     relief, in the district courts of the United States in order 
     to implement and enforce this subsection.
       ``(e) Findings of the President.--The President may 
     exercise the authority conferred by subsection (d) only if 
     the President finds that--
       ``(1) there is credible evidence that leads the President 
     to believe that the foreign interest exercising control might 
     take action that threatens to impair the national security; 
     and
       ``(2) provisions of law, other than this section and the 
     International Emergency Economic Powers Act, do not, in the 
     judgment of the President, provide adequate and appropriate 
     authority for the President to protect the national security 
     in the matter before the President.
       ``(f) Actions and Findings Nonreviewable.--The actions of 
     the President under subsection (d) and the findings of the 
     President under subsection (e) shall not be subject to 
     judicial review.
       ``(g) Factors To Be Considered.--For purposes of 
     determining whether to take action under subsection (d) and 
     for purposes of reviews and investigations under this 
     section, the President and CFIUS, respectively, shall 
     consider, among other factors--
       ``(1) potential effects on United States critical 
     infrastructure, including major energy assets;
       ``(2) potential effects on United States critical 
     technologies;
       ``(3) domestic production needed for projected national 
     defense requirements;
       ``(4) the capability and capacity of domestic industries to 
     meet national defense requirements, including the 
     availability of human resources, products, technology, 
     materials, and other supplies and services;
       ``(5) the control of domestic industries and commercial 
     activity by foreign citizens as it affects the capability and 
     capacity of the United States to meet the requirements of 
     national security;
       ``(6) the potential effects of the proposed or pending 
     transaction on sales of military goods, equipment, or 
     technology to any country--
       ``(A) identified by the Secretary of State--
       ``(i) under section 6(j) of the Export Administration Act 
     of 1979, as a country that supports terrorism;
       ``(ii) under section 6(l) of the Export Administration Act 
     of 1979, as a country of concern regarding missile 
     proliferation; or
       ``(iii) under section 6(m) of the Export Administration Act 
     of 1979, as a country of concern regarding the proliferation 
     of chemical and biological weapons;
       ``(B) identified by the Secretary of Defense as posing a 
     potential regional military threat to the interests of the 
     United States; or
       ``(C) listed under section 309(c) of the Nuclear Non-
     Proliferation Act of 1978, on the `Nuclear Non-Proliferation-
     Special Country List' (15 C.F.R. Part 778, Supplement No. 4) 
     or any successor list;
       ``(7) the potential effects of the proposed or pending 
     transaction on United States international technological 
     leadership in areas affecting United States national 
     security;
       ``(8) the long term projection of United States 
     requirements for sources of energy and other critical 
     resources and materials; and
       ``(9) the ranking developed under subsection (c)(7) of the 
     country in which the foreign persons acquiring United States 
     entities are based.
       ``(h) Confidentiality of Information.--
       ``(1) In general.--Any information or documentary material 
     filed with CFIUS pursuant to this section shall be exempt 
     from disclosure under section 552 of title 5, United States 
     Code, and no such information or documentary material may be 
     made public, except as may be relevant to any administrative 
     or judicial action or proceeding.
       ``(2) Notification to governor.--Notwithstanding paragraph 
     (1), CFIUS shall notify the Governor of any State regarding a 
     merger, acquisition, or takeover involving critical 
     infrastructure in that State for the purpose of discussing 
     any security concerns that arise or may arise from that 
     transaction. Information or documentary material made 
     available to a Governor under this paragraph may not be made 
     public, including under any law of a State pertaining to 
     freedom of information or otherwise, but the exception in 
     paragraph (3) for disclosures to either House of Congress or 
     Congressional Committees shall not apply to Governors who 
     receive information under this paragraph.
       ``(3) Disclosure.--Nothing in this subsection shall be 
     construed to prevent disclosure to either House of Congress 
     or to any duly authorized committee or subcommittee of 
     Congress.
       ``(i) Additional Assurances.--
       ``(1) In general.--This subsection shall govern the 
     provision of any assurances to one or more agencies of the 
     United States in connection with the review or investigation 
     of, or any Presidential decision concerning, any merger, 
     acquisition, or takeover under this section.
       ``(2) Condition to determination.--Any such assurances 
     shall be deemed to be a continuing covenant of the persons on 
     whose behalf such review is sought (and of all persons 
     controlling such person), the observance of which shall be a 
     condition of the determination of CFIUS, the President, or 
     both, on whether to take any action with respect to such 
     transaction.
       ``(3) Contract with the united states.--Such assurances 
     shall be embodied in an agreement executed by the foreign 
     person or foreign government on whose behalf a review of a 
     merger, acquisition, or takeover is sought under this section 
     and the chairperson or vice chairperson of CFIUS, on behalf 
     of the United States.
       ``(4) Monitoring of agreement.--Compliance with assurances 
     provided under this subsection shall be monitored, and may be 
     investigated, in the same manner as a violation of a civil 
     statute, by the agency designated by the chairperson of 
     CFIUS, in consultation with the vice chairperson and the 
     Attorney General of the United States.
       ``(5) Grant of jurisdiction; remedies.--The United States 
     District Court for the District of Columbia shall have 
     jurisdiction to enforce an agreement referred to in this 
     subsection upon application by the Attorney General. 
     Available remedies shall include divestiture, injunctive 
     relief, enforcing the terms of such agreement, and monetary 
     damages, as appropriate.
       ``(j) Notice and Reports to Congress.--
       ``(1) Notice regarding reviews.--
       ``(A) Notice at initiation of review.--CFIUS shall transmit 
     written notice of a proposed or pending merger, acquisition, 
     or takeover subject to this section to the members of 
     Congress specified in paragraph (3)(C), not later than 10 
     days after the date of receipt of a notice of such proposed 
     or pending transaction, including the identities of all 
     parties involved and any foreign government ownership or 
     control of any such party.
       ``(B) Certification at completion of review.--Upon 
     completion of a review under subsection (a), the chairperson 
     and vice chairperson of CFIUS and the head of the lead agency 
     assigned under subsection (c)(5), shall transmit a certified 
     notice to the members of Congress specified in paragraph 
     (3)(C).
       ``(2) Notice regarding investigations.--
       ``(A) Notice at initiation of investigations.--Upon 
     commencement of an investigation under subsection (b), CFIUS 
     shall notify in writing the members of Congress specified in 
     paragraph (3)(C).
       ``(B) Certification at completion of investigations.--As 
     soon as practicable after completion of an investigation 
     under subsection (b), the chairperson and vice chairperson of 
     CFIUS and the head of the lead

[[Page 11726]]

     agency assigned under subsection (c)(5), shall transmit to 
     the members of Congress specified in paragraph (3)(C) a 
     certified written report (consistent with the requirements of 
     subsection (h)) on the results of the investigation, unless 
     the matter under investigation has been sent to the President 
     for decision.
       ``(3) Certifications.--
       ``(A) In general.--Each certified notice and report 
     required by this subsection shall be submitted to the members 
     of Congress specified in subparagraph (C), and shall 
     include--
       ``(i) information on whether or not an investigation 
     occurred under subsection (b) and has been completed;
       ``(ii) a description of the actions taken by CFIUS with 
     respect to the transaction, including the details of any 
     legally binding assurances provided by the foreign entity 
     that were negotiated as a condition for approval; and
       ``(iii) identification of the determinative factors 
     considered under subsection (g).
       ``(B) Content of certification.--Each notice required to be 
     certified by this subsection shall be signed by the 
     chairperson and vice chairperson of CFIUS and the head of the 
     lead agency assigned under subsection (c)(5), and shall 
     contain a specific attestation of each such person that, in 
     the determination of CFIUS, the merger, acquisition, or 
     takeover that is the subject of the notice does not impair 
     the national security.
       ``(C) Members of congress.--The notices and reports 
     required by this subsection shall be transmitted to--
       ``(i) the Majority Leader and the Minority Leader of the 
     Senate;
       ``(ii) the chair and ranking member of the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and of any 
     committee of the Senate having oversight over the agency 
     assigned to lead a review or investigation under subsection 
     (c)(5);
       ``(iii) the Speaker and the Minority Leader of the House of 
     Representatives; and
       ``(iv) the chair and ranking member of the Committee on 
     Financial Services of the House of Representatives and of any 
     committee of the House of Representatives having oversight 
     over the agency assigned to lead a review or investigation 
     under subsection (c)(5).
       ``(D) Transmittal to other members of congress.--The 
     Majority Leader or the Minority Leader, in the case of the 
     Senate, and the Speaker or the Minority Leader, in the case 
     of the House of Representatives, may provide the notices and 
     reports required by this paragraph regarding a proposed or 
     pending merger, acquisition, or takeover involving critical 
     infrastructure--
       ``(i) in the case of the Senate, to members of the Senate 
     from the State in which such critical infrastructure is 
     located; and
       ``(ii) in the case of the House of Representatives, to a 
     member from a Congressional District in which such critical 
     infrastructure is located.
       ``(E) Limitation on delegation of certifications.--Notices 
     and reports required to be certified under this subsection 
     shall be signed by the chairperson and vice chairperson of 
     CFIUS, and such certification requirement may not be 
     delegated.
       ``(4) Annual reports.--
       ``(A) Report required.--The Secretary of the Treasury, on 
     behalf of and after consultation with the members of CFIUS, 
     shall submit to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Financial Services 
     of the House of Representatives, on or before March 15 of 
     each year, a written report on the policy of the United 
     States with respect to the preservation of the Nation's 
     defense production and critical infrastructure. The Secretary 
     shall appear before both committees to provide testimony on 
     such reports.
       ``(B) Contents of report.--Each report submitted under 
     subparagraph (A) shall contain--
       ``(i) an analysis of any merger, acquisition, or takeover 
     by a foreign person or foreign government affecting national 
     security that has occurred during the preceding year to which 
     the report relates, including the nature of the acquisitions 
     and the effect or potential impact of such acquisitions on 
     the United States defense industrial base and critical 
     infrastructure;
       ``(ii) a similar updated analysis for any merger, 
     acquisition, or takeover that occurred during the 4 years 
     immediately preceding the year dealt with in the report in 
     clause (i), including a separate section discussing the 
     impact of mergers, acquisitions, and takeovers by foreign 
     governments or persons acting on behalf of or in concert with 
     foreign governments;
       ``(iii) a detailed discussion of all perceived risks to 
     national security or United States critical infrastructure 
     that CFIUS will take into account in its deliberations during 
     the year in which the report is delivered to the committees;
       ``(iv) a table showing on a cumulative basis, by sector, 
     product, and country of foreign ownership, the number of 
     acquisitions reviewed, investigated, or both, by CFIUS, to 
     provide a census of production potentially relevant to the 
     Nation's defense industrial base owned or controlled by 
     foreign persons or foreign governments;
       ``(v) a summary of any cases before CFIUS, during the year 
     to which the report relates, in which there were 
     disagreements among the members of CFIUS;
       ``(vi) an evaluation of whether there is credible evidence 
     of a coordinated strategy by 1 or more countries or companies 
     to acquire critical infrastructure of or within the United 
     States or United States companies involved in research, 
     development, or production of critical technologies for which 
     the United States is a leading producer;
       ``(vii) an evaluation of whether there are industrial 
     espionage activities directed or directly assisted by foreign 
     governments against private United States companies aimed at 
     obtaining commercial secrets related to critical technologies 
     or critical infrastructure; and
       ``(viii) such other matters as are necessary to give a 
     complete disclosure and analysis of the work of CFIUS during 
     the year to which the report relates.
       ``(C) Classified reports.--The evaluations required by 
     clauses (v) and (vi) of subparagraph (B) may be classified. 
     If they are submitted in classified form, an unclassified 
     version of such evaluations shall be made available to the 
     public.
       ``(D) Other information withheld from public reports.--
       ``(i) Proprietary information.--The chairperson of CFIUS, 
     in consultation with the vice chairperson of CFIUS, may 
     withhold from public release other such information as the 
     chairperson determines is proprietary information.
       ``(ii) Rule of construction.--Nothing in this subparagraph 
     shall prohibit such information from being provided to 
     relevant Committees of Congress.
       ``(5) Appearances before congress.--The chairperson and 
     vice chairperson of CFIUS, and the heads of such additional 
     CFIUS member agencies specified in a written request by the 
     Chairman of the Committee on Banking, Housing, and Urban 
     Affairs of the Senate shall annually appear before the 
     Committee on Banking, Housing, and Urban Affairs and the 
     Committee on Financial Services of the House of 
     Representatives to provide testimony on the activities of 
     CFIUS.
       ``(k) Regulations.--
       ``(1) In general.--The Secretary shall issue regulations to 
     carry out this section. Such regulations shall, to the extent 
     possible, minimize paperwork burdens and shall, to the extent 
     possible, coordinate reporting requirements under this 
     section with reporting requirements under any other provision 
     of Federal law.
       ``(2) Regulations relating to definitions.--Not later than 
     30 days after the date of enactment of the Foreign Investment 
     and National Security Act of 2006, the Secretary of the 
     Treasury and the Secretary of Defense shall jointly agree to 
     and issue rules concerning the manner in which the definition 
     of the term `critical infrastructure' in subsection (m)(2) 
     shall be applied to particular acquisitions, mergers, and 
     takeovers, for purposes of the mandatory investigation 
     requirement of subsection (b)(1)(A), except that, until such 
     rules are issued in final form and become effective, such 
     definition shall be applied without regard to any such rules 
     (whether proposed or otherwise).
       ``(l) Effect on Other Law.--Nothing in this section shall 
     be construed to alter or affect any existing power, process, 
     regulation, investigation, enforcement measure, or review 
     provided by any other provision of law, including the 
     International Emergency Economic Powers Act, or of the 
     President or Congress.
       ``(m) Definitions.--As used in this section--
       ``(1) the term `critical infrastructure' means, subject to 
     rules issued under subsection (k)(2), any systems and assets, 
     whether physical or cyber-based, so vital to the United 
     States that the degradation or destruction of such systems or 
     assets would have a debilitating impact on national security, 
     including national economic security and national public 
     health or safety;
       ``(2) the term `critical technologies' means technologies 
     identified under title VI of the National Science and 
     Technology Policy, Organization, and Priorities Act of 1976, 
     or other critical technology, critical components, or 
     critical technology items essential to national defense 
     identified pursuant to this section;
       ``(3) the terms `Committee on Foreign Investment in the 
     United States' and `CFIUS' mean the committee established 
     under subsection (c);
       ``(4) the term `foreign government' means any government or 
     body exercising governmental functions, other than the 
     Government of the United States or of a State or political 
     subdivision thereof. The term includes national, State, 
     provincial, and municipal governments, including their 
     respective departments, agencies, government-owned 
     enterprises, and other agencies and instrumentalities;
       ``(5) the term `foreign person' means any non-United States 
     national, any organization owned or controlled by such a 
     person, and any entity organized under the laws of a country 
     other than the United States, and any entity owned or 
     controlled by such entity; and

[[Page 11727]]

       ``(6) the term `intelligence community' has the same 
     meaning as in section 3 of the National Security Act of 1947 
     (50 U.S.C. 401a).''.
                                 ______
                                 
  SA 4316. Mr. GREGG submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle D of title XXVIII, add the 
     following:

     SEC. 2844. LAND CONVEYANCE, HOPKINTON, NEW HAMPSHIRE.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey to the Town of Hopkinton, New Hampshire (in this 
     section, referred to as the ``Town''), all right, title, and 
     interest of the United States in and to a parcel of real 
     property, including any improvements thereon, consisting of 
     approximately 90 acres located at a site in Hopkinton, New 
     Hampshire, known as the ``Kast Hill'' property for the 
     purpose of permitting the Town to use the existing sand and 
     gravel resources on the property and to ensure perpetual 
     conservation of the property.
       (b) Consideration.--
       (1) In general.--As consideration for the conveyance under 
     subsection (a), the Town shall, subject to paragraph (2), 
     provide to the United States, whether by cash payment, in-
     kind consideration, or a combination thereof, an amount that 
     is not less than the fair market value of the conveyed 
     property, as determined pursuant to an appraisal acceptable 
     to the Secretary.
       (2) Waiver of payment of consideration.--The Secretary may 
     waive the requirement for consideration under paragraph (1) 
     if the Secretary determines that the Town will not use the 
     existing sand and gravel resources to generate revenue.
       (c) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection (a) 
     is not being used in accordance with the purpose of the 
     conveyance specified in such subsection, all right, title, 
     and interest in and to all or any portion of the property 
     shall revert, at the option of the Secretary, to the United 
     States, and the United States shall have the right of 
     immediate entry onto the property. Any determination of the 
     Secretary under this subsection shall be made on the record 
     after an opportunity for a hearing.
       (d) Prohibition on Reconveyance of Land.--The Town may not 
     reconvey any of the land acquired from the United States 
     under subsection (a) without the prior approval of the 
     Secretary.
       (e) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the Town 
     to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a), including 
     survey costs, costs related to environmental documentation, 
     and other administrative costs related to the conveyance. If 
     amounts are collected from the Town in advance of the 
     Secretary incurring the actual costs, and the amount 
     collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to the Town.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursement under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or account 
     and shall be available for the same purposes, and subject to 
     the same conditions and limitations, as amounts in such fund 
     or account.
       (f) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (g) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance of real property under subsection (a) as 
     the Secretary consider appropriate to protect the interests 
     of the United States.
                                 ______
                                 
  SA 4317. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. --------. REQUIREMENTS FOR CONTINUED DETENTION OR 
                   RELEASE OF INDIVIDUALS HELD AT GUANTANAMO BAY, 
                   CUBA.

       (a) In General.--Except as provided in subsection (b), not 
     later than 180 days after the date of the enactment of this 
     Act, an alien who is detained by the Secretary of Defense at 
     Guantanamo Bay, Cuba shall, consistent with applicable law, 
     be--
       (1) charged with a crime in an indictment filed with--
       (A) an appropriate district court of the United States;
       (B) a United States military tribunal that comports with 
     basic norms of due process; or
       (C) an international criminal tribunal;
       (2) repatriated to such alien's country of origin, unless 
     there are substantial grounds to believe that the alien would 
     be in danger of being subjected to torture in such country; 
     or
       (3) released to a country other than the alien's country of 
     origin.
       (b) Exception.--
       (1) In general.--With respect to any alien described in 
     subsection (a) who is not charged, repatriated, or released 
     within 180 days after the date of the enactment of this Act, 
     the Secretary of Defense shall submit to the appropriate 
     committees of Congress a detailed report for each such alien 
     that includes the following:
       (A) The name and nationality of each alien being detained 
     by the Secretary of Defense at Guantanamo Bay, Cuba.
       (B) With respect to each alien--
       (i) a detailed statement of why the alien has not been 
     charged, repatriated, or released;
       (ii) a statement of when the United States Government 
     intends to charge, repatriate, or release the alien;
       (iii) a description of the procedures to be employed by the 
     United States Government to determine whether to charge, 
     repatriate, or release the alien and a schedule for the 
     employment of such procedures; and
       (iv) if the Secretary of Defense has transferred or has 
     plans to transfer the alien from the custody of the Secretary 
     to another agency or department of the United States, a 
     description of such transfer.
       (2) Form of reports.--Each report required by this 
     subsection shall be submitted in an unclassified form to the 
     maximum extent practicable and may include a classified 
     annex, if necessary.
       (3) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Committee on the 
     Judiciary, and the Select Committee on Intelligence of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on the 
     Judiciary, and the Permanent Select Committee on Intelligence 
     of the House of Representatives.
                                 ______
                                 
  SA 4318. Mrs. FEINSTEIN (for herself and Mr. Bingaman) submitted an 
amendment intended to be proposed by her to the bill S. 2766, to 
authorize appropriations for fiscal year 2007 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following new subtitle:

                       Subtitle J--Data Security

     SEC. 1084. DEFINITIONS.

       In this title, the following definitions shall apply:
       (1) Agency.--The term ``agency'' has the same meaning given 
     such term in section 551(1) of title 5, United States Code.
       (2) Breach of security of the system.--The term ``breach of 
     security of the system'' means the compromise of the 
     security, confidentiality, or integrity of data that results 
     in, or there is a reasonable basis to conclude has resulted 
     in, the unauthorized acquisition of personal information 
     maintained by the agency, including by the agency's employees 
     and contractors.
       (3) Personal information.--The term ``personal 
     information'' means an individual's last name in combination 
     with any 1 or more of the following data elements of such 
     individual:
       (A) Social security number.
       (B) Driver's license number or State identification number.
       (C) Date of birth.
       (D) Security clearance level;
       (E) Work assignment.
       (F) Home address.
       (G) Health data.
       (4) Substitute notice.--The term ``substitute notice'' 
     means--
       (A) conspicuous posting of the notice on the Internet site 
     of an agency, if the agency maintains a public Internet site; 
     and
       (B) notification to major print and broadcast media, 
     including major media in metropolitan and rural areas where 
     the individual whose personal information was, or is 
     reasonably believed to have been, acquired resides. The 
     notice to media shall include a toll-free phone number where 
     an individual can learn whether or not that individual's

[[Page 11728]]

     personal data is included in the security breach.

     SEC. 1085. DATABASE SECURITY.

       (a) Disclosure of Security Breach.--
       (1) In general.--Any agency that owns, licenses, or 
     collects data, whether or not held in electronic form, 
     containing personal information shall, following the 
     discovery of a breach of security of the system maintained by 
     the agency or maintained by a contractor who contracts with 
     such agency that contains such data, or upon receipt of 
     notice under paragraphs (2) or (3), notify any individual of 
     the United States whose personal information was, or is 
     reasonably believed to have been, acquired by an unauthorized 
     person.
       (2) Notification of owner or licensee.--Any agency in 
     possession of data, whether or not held in electronic form, 
     containing personal information that the agency does not own 
     or license shall notify the owner or licensee of the 
     information if the personal information was, or is reasonably 
     believed to have been, acquired by an unauthorized person 
     through a breach of security of the system containing such 
     data.
       (3) Notice to agency.--
       (A) In general.--Any contractor who contracts with an 
     agency and that maintains personal information, whether or 
     not held in electronic form, shall notify that agency, if 
     such contractor determines that a breach of data security 
     has, or may have, occurred with respect to such information.
       (B) Timing.--The notice required under subparagraph (A) 
     shall be provided not later than 7 days after the contractor 
     has made the determination described in subparagraph (A).
       (4) Timeliness of notification.--
       (A) In general.--All notifications required under 
     paragraphs (1), (2), or (3) shall be made without 
     unreasonable delay following--
       (i) the discovery by the agency or contractor of a breach 
     of security of its system;
       (ii) any measures necessary to determine the scope of the 
     breach, prevent further disclosures, and restore the 
     reasonable integrity of the data system; and
       (iii) receipt of written notice that a law enforcement 
     agency has determined that the notification will no longer 
     seriously impede its investigation, where notification is 
     delayed as provided in paragraph (5).
       (B) Burden of proof.--The agency or contractor required to 
     provide notification under this subsection shall have the 
     burden of demonstrating that all notifications were made as 
     required under this subsection, including evidence 
     demonstrating the necessity of any delay.
       (5) Delay of notification authorized for law enforcement 
     purposes.--If a law enforcement agency determines that the 
     notification required under this subsection would seriously 
     impede a criminal investigation, such notification may be 
     delayed upon the written request of the law enforcement 
     agency.
       (6) Exception for national security and law enforcement.--
       (A) In general.--This subsection shall not apply to an 
     agency if the head of the agency certifies, in writing, that 
     notification of the breach as required by this subsection 
     reasonably could be expected to--
       (i) cause damage to the national security; and
       (ii) hinder a law enforcement investigation or the ability 
     of the agency to conduct law enforcement investigations.
       (B) Limits on certifications.--The head of an agency may 
     not execute a certification under subparagraph (A) to--
       (i) conceal violations of law, inefficiency, or 
     administrative error;
       (ii) prevent embarrassment to a person, organization, or 
     agency; or
       (iii) restrain competition.
       (C) Notice.--In every case in which a head of an agency 
     issues a certification under subparagraph (A), a copy of the 
     certification, accompanied by a concise description of the 
     factual basis for the certification, shall be immediately 
     provided to the Congress.
       (7) Methods of notice.--An agency shall be in compliance 
     with this subsection if it provides the individual, with--
       (A) written notification;
       (B) e-mail notice; or
       (C) substitute notice, if--
       (i) the agency demonstrates that the cost of providing 
     direct notice would exceed $500,000;
       (ii) the number of individuals to be notified exceeds 
     500,000; or
       (iii) the agency does not have sufficient contact 
     information for those to be notified.
       (8) Content of notification.--Regardless of the method by 
     which notice is provided to individuals under paragraphs (1), 
     (2), or (3) , such notice shall include--
       (A) to the extent possible, a description of the categories 
     of information that was, or is reasonably believed to have 
     been, acquired by an unauthorized person;
       (B) a toll-free number that the individual may use to 
     contact the agency; and
       (C) the toll-free contact telephone numbers and addresses 
     for the major credit reporting agencies.
       (9) Coordination of notification with credit reporting 
     agencies.--If an agency is required to provide notification 
     to more than 1,000 individuals under this subsection, the 
     agency shall also notify, without unreasonable delay, all 
     consumer reporting agencies that compile and maintain files 
     on consumers on a nationwide basis (as defined in section 
     603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)) 
     of the timing and distribution of the notices.
       (b) Civil Remedies.--
       (1) Penalties.--Any agency or contractor, that violates 
     subsection (a) shall be subject to a fine of--
       (A) not more than $1,000 per individual whose personal 
     information was, or is reasonably believed to have been, 
     acquired by an unauthorized person; or
       (B) not more than $50,000 per day while the failure to give 
     notice under subsection (a) persists.
       (2) Equitable relief.--Any agency or contractor that 
     violates, proposes to violate, or has violated this section 
     may be enjoined from further violations by a court of 
     competent jurisdiction.
       (3) Other rights and remedies.--The rights and remedies 
     available under this subsection are cumulative and shall not 
     affect any other rights and remedies available under law.
       (c) Enforcement.--The Attorney General of the United States 
     is authorized to enforce compliance with this section, 
     including the assessment of fines under subsection (b)(1).
       (d) Fraud Alert.--Section 605A(b)(1) of the Fair Credit 
     Reporting Act (15 U.S.C. 1681c-1(b)(1)) is amended by 
     inserting ``, or evidence that the consumer has received 
     notice that the consumer's personal financial information has 
     or may have been compromised,'' after ``identity theft 
     report''.

     SEC. 1086. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

       (a) In General.--
       (1) Civil actions.--In any case in which the attorney 
     general of a State has reason to believe that an interest of 
     the residents of that State has been or is threatened or 
     adversely affected by the engagement of the agency or any 
     contractor of the agency in a practice that is prohibited 
     under this title, the State, as parens patriae, may bring a 
     civil action on behalf of the residents of the State in a 
     district court of the United States of appropriate 
     jurisdiction or any other court of competent jurisdiction, 
     including a State court, to--
       (A) enjoin that practice;
       (B) enforce compliance with this title;
       (C) obtain damages, restitution, or other compensation on 
     behalf of residents of the State; or
       (D) obtain such other relief as the court may consider to 
     be appropriate.
       (2) Notice.--
       (A) In general.--Before filing an action under paragraph 
     (1), the attorney general of the State involved shall provide 
     to the Attorney General of the United States--
       (i) written notice of the action; and
       (ii) a copy of the complaint for the action.
       (B) Exemption.--
       (i) In general.--Subparagraph (A) shall not apply with 
     respect to the filing of an action by an attorney general of 
     a State under this subsection, if the State attorney general 
     determines that it is not feasible to provide the notice 
     described in such subparagraph before the filing of the 
     action.
       (ii) Notification.--In an action described in clause (i), 
     the attorney general of a State shall provide notice and a 
     copy of the complaint to the Attorney General at the time the 
     State attorney general files the action.
       (b) Construction.--For purposes of bringing any civil 
     action under subsection (a), nothing in this title shall be 
     construed to prevent an attorney general of a State from 
     exercising the powers conferred on such attorney general by 
     the laws of that State to--
       (1) conduct investigations;
       (2) administer oaths or affirmations; or
       (3) compel the attendance of witnesses or the production of 
     documentary and other evidence.
       (c) Venue; Service of Process.--
       (1) Venue.--Any action brought under subsection (a) may be 
     brought in--
       (A) the district court of the United States that meets 
     applicable requirements relating to venue under section 1391 
     of title 28, United States Code; or
       (B) another court of competent jurisdiction.
       (2) Service of process.--In an action brought under 
     subsection (a), process may be served in any district in 
     which the defendant--
       (A) is an inhabitant; or
       (B) may be found.

     SEC. 1087. EFFECT ON STATE LAW.

       The provisions of this subtitle shall supersede any 
     inconsistent provisions of law of any State or unit of local 
     government with respect to the conduct required by the 
     specific provisions of this subtitle.

     SEC. 1088. EFFECTIVE DATE.

       This subtitle shall take effect on the expiration of the 
     date which is 90 days after the date of enactment of this 
     Act.
                                 ______
                                 
  SA 4319. Mr. PRYOR (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him

[[Page 11729]]

to the bill S. 2766, to authorize appropriations for fiscal year 2007 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 531, strike lines 7 through 13 and insert the 
     following:
       (3) in subsection (b)(2)(A), by striking ``installations of 
     the Department of Defense as may be designated'' and 
     inserting ``installations of the Department of Defense and 
     related to such vehicles and military support equipment of 
     the Department of Defense as may be designated'';
       (4) by redesignating subsection (f) as subsection (g); and
       (5) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Energy Efficiency in New Construction.--
       ``(1) The Secretary shall ensure that all military 
     construction projects carried out under this chapter meet the 
     energy efficiency performance standards prescribed pursuant 
     to section 305(a) of the Energy Conservation and Production 
     Act (42 U.S.C. 6834(a)).
       ``(2) The Secretary shall, except as provided in paragraph 
     (3), ensure that all residential buildings constructed by or 
     for the Department, including military family housing units 
     and military unaccompanied housing units acquired or 
     constructed under subchapter IV of this chapter--
       ``(A) be Energy Star qualified;
       ``(B) be equipped with Energy Star products and FEMP 
     designated products; and
       ``(C) have an Energy Star advanced lighting package.
       ``(3) The Secretary may waive a requirement under paragraph 
     (2) with respect to a military construction project if the 
     Secretary determines and notifies the congressional defense 
     committees in writing that--
       ``(A) the building is a Federal building that meets the 
     energy efficiency performance standards prescribed pursuant 
     to section 305(a)(3) of the Energy Conservation and 
     Production Act (42 U.S.C. 6834(a)(3));
       ``(B) compliance with such requirement is not cost-
     effective over the life of the building, taking energy cost 
     savings into account; or
       ``(C) no Energy Star building or product or FEMP designated 
     product is reasonably available that meets the functional 
     requirements of the agency.
       ``(4) In this section, the terms `Energy Star product' and 
     `FEMP product' have the meanings given those terms in section 
     553(a) of the National Energy Conservation Policy Act (42 
     U.S.C. 8259b).''.
                                 ______
                                 
  SA 4320. Mr. LEVIN (for himself, Mr. Reed, Mrs. Feinstein, Mr. 
Salazar, and Mrs. Clinton) submitted an amendment intended to be 
proposed by him to the bill S. 2766, to authorize appropriations for 
fiscal year 2007 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of subtitle A of title XII, add the following:

     SEC. 1209. UNITED STATES POLICY ON IRAQ.

       (a) Short Title.--This section may be cited as the ``United 
     States Policy on Iraq Act of 2006''.
       (b) Findings.--Congress makes the following findings:
       (1) Global terrorist networks, including those that 
     attacked the United States on September 11, 2001, continue to 
     threaten the national security of the United States and are 
     recruiting, planning, and developing capabilities to attack 
     the United States and its allies throughout the world.
       (2) Winning the fight against terrorist networks requires 
     an integrated, comprehensive effort that uses all facets of 
     power of the United States and the members of the 
     international community who value democracy, freedom, and the 
     rule of law.
       (3) The United States Armed Forces, particularly the Army 
     and Marine Corps, are stretched thin, and many soldiers and 
     Marines have experienced three or more deployments to combat 
     zones.
       (4) Sectarian violence has surpassed the insurgency and 
     terrorism as the main security threat in Iraq, increasing the 
     prospects of a broader civil war which could draw in Iraq's 
     neighbors.
       (5) United States and coalition forces have trained and 
     equipped more than 116,000 Iraqi soldiers, sailors, and 
     airmen, and more than 148,000 Iraqi police, highway patrol, 
     and other Ministry of Interior forces.
       (6) Of the 102 operational Iraqi Army combat battalions, 69 
     are either in the lead or operating independently, according 
     to the May 2006 report of the Administration to Congress 
     entitled ``Measuring Stability and Security in Iraq'';
       (7) Congress expressed its sense in the National Defense 
     Authorization Act for Fiscal Year 2006 (119 Stat. 3466) that 
     ``calendar year 2006 should be a period of significant 
     transition to full Iraqi sovereignty, with Iraqi security 
     forces taking the lead for the security of a free and 
     sovereign Iraq, thereby creating the conditions for the 
     phased redeployment of United States forces from Iraq''.
       (8) Iraq's security forces are heavily infiltrated by 
     sectarian militia, which has greatly increased sectarian 
     tensions and impeded the development of effective security 
     services loyal to the Iraq Government.
       (9) With the approval by the Iraqi Council of 
     Representatives of the ministers of defense, national 
     security, and the interior on June 7, 2006, the entire 
     cabinet of Prime Minister Maliki is now in place.
       (10) Pursuant to the Iraq Constitution, the Council of 
     Representatives is to appoint a Panel which will have 4 
     months to recommend changes to the Iraq Constitution.
       (11) Despite pledges of more than $8,000,000,000 in 
     assistance for Iraq by foreign governments other than the 
     United States at the Madrid International Donors' Conference 
     in October 2003, only $3,500,000,000 of such assistance has 
     been forthcoming.
       (12) The current open-ended commitment of United States 
     forces in Iraq is unsustainable and a deterrent to the Iraqis 
     making the political compromises and personnel and resource 
     commitments that are needed for the stability and security of 
     Iraq.
       (c) Sense of Congress.--It is the sense of Congress that in 
     order to change course from an open-ended commitment and to 
     promote the assumption of security responsibilities by the 
     Iraqis, thus advancing the chances for success in Iraq--
       (1) the following actions need to be taken to help achieve 
     the broad-based and sustainable political settlement so 
     essential for defeating the insurgency and preventing all-out 
     civil war--
       (A) there must be a fair sharing of political power and 
     economic resources among all the Iraqi groups so as to invest 
     them in the formation of an Iraqi nation by either amendments 
     to the Iraq Constitution or by legislation or other means, 
     within the timeframe provided for in the Iraq Constitution;
       (B) the President should convene an international 
     conference so as to more actively involve the international 
     community and Iraq's neighbors, promote a durable political 
     settlement among Iraqis, reduce regional interference in 
     Iraq's internal affairs, encourage more countries to 
     contribute to Iraq's extensive needs, and ensure that pledged 
     funds are forthcoming;
       (C) the Iraq Government should promptly and decisively 
     disarm the militias and remove those members of the Iraqi 
     security forces whose loyalty to the Iraq Government is in 
     doubt; and
       (D) the President should--
       (i) expedite the transition of United States forces in Iraq 
     to a limited presence and mission of training Iraqi security 
     forces, providing logistic support of Iraqi security forces, 
     protecting United States infrastructure and personnel, and 
     participating in targeted counterterrorism activities;
       (ii) after consultation with the Government of Iraq, begin 
     the phased redeployment of United States forces from Iraq 
     this year; and
       (iii) submit to Congress a plan by the end of 2006 with 
     estimated dates for the continued phased redeployment of 
     United States forces from Iraq, with the understanding that 
     unexpected contingencies may arise;
       (2) during and after the phased redeployment of United 
     States forces from Iraq, the United States will need to 
     sustain a nonmilitary effort to actively support 
     reconstruction, governance, and a durable political solution 
     in Iraq; and
       (3) the President should carefully assess the impact that 
     ongoing United States military operations in Iraq are having 
     on the capability of the United States Government to conduct 
     an effective counterterrorism campaign to defeat the broader 
     global terrorist networks that threaten the United States.
                                 ______
                                 
  SA 4321. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. FEDERAL FUNDING FOR FIXED GUIDEWAY PROJECTS.

       The Federal Transit Administration's Dear Colleague letter 
     dated April 29, 2005 (C-05-05), which requires fixed guideway 
     projects to achieve a ``medium'' cost-effectiveness rating 
     for the Federal Transit Administration to recommend such 
     projects for funding, shall not apply to the Northstar 
     Corridor Commuter Rail Project in Minnesota.
                                 ______
                                 
  SA 4322. Mr. KENNEDY proposed an amendment to the bill S. 2766, to 
authorize appropriations for fiscal year

[[Page 11730]]

2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. INCREASE IN THE MINIMUM WAGE.

       (a) Federal Minimum Wage.--
       (1) In general.--Section 6(a)(1) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to 
     read as follows:
       ``(1) except as otherwise provided in this section, not 
     less than--
       ``(A) $5.85 an hour, beginning on the 60th day after the 
     date of enactment of the National Defense Authorization Act 
     for Fiscal Year 2007;
       ``(B) $6.55 an hour, beginning 12 months after that 60th 
     day; and
       ``(C) $7.25 an hour, beginning 24 months after that 60th 
     day;''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect 60 days after the date of enactment of this 
     Act.
       (b) Applicability of Minimum Wage to the Commonwealth of 
     the Northern Mariana Islands.--
       (1) In general.--Section 6 of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 206) shall apply to the Commonwealth of 
     the Northern Mariana Islands.
       (2) Transition.--Notwithstanding paragraph (1), the minimum 
     wage applicable to the Commonwealth of the Northern Mariana 
     Islands under section 6(a)(1) of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 206(a)(1)) shall be--
       (A) $3.55 an hour, beginning on the 60th day after the date 
     of enactment of this Act; and
       (B) increased by $0.50 an hour (or such lesser amount as 
     may be necessary to equal the minimum wage under section 
     6(a)(1) of such Act), beginning 6 months after the date of 
     enactment of this Act and every 6 months thereafter until the 
     minimum wage applicable to the Commonwealth of the Northern 
     Mariana Islands under this subsection is equal to the minimum 
     wage set forth in such section.
                                 ______
                                 
  SA 4323. Mr. FRIST proposed an amendment to amendment SA 4322 
proposed by Mr. Kennedy to the bill S. 2766, to authorize 
appropriations for fiscal year 2007 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; as follows:

       At the end of the amendment add the following:

     SEC. __. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN 
                   LAWS RELATING TO ABORTION.

       (a) In General.--Title 18, United States Code, is amended 
     by inserting after chapter 117 the following:

 ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN 
                       LAWS RELATING TO ABORTION

``Sec.
``2431.  Transportation of minors in circumvention of certain laws 
              relating to abortion.

     ``Sec. 2431. Transportation of minors in circumvention of 
       certain laws relating to abortion

       ``(a) Offense.--
       ``(1) Generally.--Except as provided in subsection (b), 
     whoever knowingly transports a minor across a State line, 
     with the intent that such minor obtain an abortion, and 
     thereby in fact abridges the right of a parent under a law 
     requiring parental involvement in a minor's abortion 
     decision, in force in the State where the minor resides, 
     shall be fined under this title or imprisoned not more than 
     one year, or both.
       ``(2) Definition.--For the purposes of this subsection, an 
     abridgement of the right of a parent occurs if an abortion is 
     performed on the minor, in a State other than the State where 
     the minor resides, without the parental consent or 
     notification, or the judicial authorization, that would have 
     been required by that law had the abortion been performed in 
     the State where the minor resides.
       ``(b) Exceptions.--
       ``(1) The prohibition of subsection (a) does not apply if 
     the abortion was necessary to save the life of the minor 
     because her life was endangered by a physical disorder, 
     physical injury, or physical illness, including a life 
     endangering physical condition caused by or arising from the 
     pregnancy itself.
       ``(2) A minor transported in violation of this section, and 
     any parent of that minor, may not be prosecuted or sued for a 
     violation of this section, a conspiracy to violate this 
     section, or an offense under section 2 or 3 based on a 
     violation of this section.
       ``(c) Affirmative Defense.--It is an affirmative defense to 
     a prosecution for an offense, or to a civil action, based on 
     a violation of this section that the defendant reasonably 
     believed, based on information the defendant obtained 
     directly from a parent of the minor or other compelling 
     facts, that before the minor obtained the abortion, the 
     parental consent or notification, or judicial authorization 
     took place that would have been required by the law requiring 
     parental involvement in a minor's abortion decision, had the 
     abortion been performed in the State where the minor resides.
       ``(d) Civil Action.--Any parent who suffers harm from a 
     violation of subsection (a) may obtain appropriate relief in 
     a civil action.
       ``(e) Definitions.--For the purposes of this section--
       ``(1) a `law requiring parental involvement in a minor's 
     abortion decision' means a law--
       ``(A) requiring, before an abortion is performed on a 
     minor, either--
       ``(i) the notification to, or consent of, a parent of that 
     minor; or
       ``(ii) proceedings in a State court; and
       ``(B) that does not provide as an alternative to the 
     requirements described in subparagraph (A) notification to or 
     consent of any person or entity who is not described in that 
     subparagraph;
       ``(2) the term `parent' means--
       ``(A) a parent or guardian;
       ``(B) a legal custodian; or
       ``(C) a person standing in loco parentis who has care and 
     control of the minor, and with whom the minor regularly 
     resides, who is designated by the law requiring parental 
     involvement in the minor's abortion decision as a person to 
     whom notification, or from whom consent, is required;
       ``(3) the term `minor' means an individual who is not older 
     than the maximum age requiring parental notification or 
     consent, or proceedings in a State court, under the law 
     requiring parental involvement in a minor's abortion 
     decision; and
       ``(4) the term `State' includes the District of Columbia 
     and any commonwealth, possession, or other territory of the 
     United States.''.
       (b) Clerical Amendment.--The table of chapters for part I 
     of title 18, United States Code, is amended by inserting 
     after the item relating to chapter 117 the following new 
     item:


``117A. Transportation of minors in circumvention of certain laws 
  relating to abortion..........................................2431''.
                                 ______
                                 
  SA 4324. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. BUS UTILITY AND SAFETY IN SCHOOL TRANSPORTATION 
                   OPPORTUNITY AND PURCHASING.

       (a) Findings and Purpose.--
       (1) Findings.--Congress finds that--
       (A) school transportation issues remain a concern for 
     parents, local educational agencies, lawmakers, the National 
     Highway Traffic Safety Administration, the National 
     Transportation Safety Board, and the Environmental Protection 
     Agency;
       (B) millions of children face potential future health 
     problems because of exposure to noxious fumes emitted from 
     older school buses;
       (C) many rural local educational agencies are operating 
     outdated, unsafe school buses that are failing inspection, 
     resulting in a depletion of the school bus fleets of the 
     local educational agencies; and
       (D) many rural local educational agencies are unable to 
     afford newer and safer buses.
       (2) Purpose.--The purpose of this section is to establish 
     within the Department of Education a Federal cost-sharing 
     program to assist rural local educational agencies with 
     older, unsafe school bus fleets in purchasing newer, safer 
     school buses.
       (b) Definitions.--In this section:
       (1) Rural local educational agency.--The term ``rural local 
     educational agency'' means a local educational agency, as 
     defined in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801), with respect to 
     which--
       (A) each county in which a school served by the local 
     educational agency is located has a total population density 
     of fewer than 10 persons per square mile;
       (B) all schools served by the local educational agency are 
     designated with a school locale code of 7 or 8, as determined 
     by the Secretary of Education; or
       (C) all schools served by the local educational agency have 
     been designated, by official action taken by the legislature 
     of the State in which the local educational agency is 
     located, as rural schools for purposes relating to the 
     provision of educational services to students in the State.
       (2) School bus.--The term ``school bus'' means a vehicle 
     the primary purpose of which is to transport students to and 
     from school or school activities.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.

[[Page 11731]]

       (c) Grant Program.--
       (1) In general.--From amounts made available under 
     paragraph (5) for a fiscal year, the Secretary shall provide 
     grants, on a competitive basis, to rural local educational 
     agencies to pay the Federal share of the cost of purchasing 
     new school buses.
       (2) Application.--
       (A) In general.--Each rural local educational agency that 
     seeks to receive a grant under this section shall submit to 
     the Secretary for approval an application at such time, in 
     such manner, and accompanied by such information (in addition 
     to information required under subparagraph (B)) as the 
     Secretary may require.
       (B) Contents.--Each application submitted under 
     subparagraph (A) shall include--
       (i) documentation that, of the total number of school buses 
     operated by the rural local educational agency, not less than 
     50 percent of the school buses are in need of repair or 
     replacement;
       (ii) documentation of the number of miles that each school 
     bus operated by the rural local educational agency traveled 
     in the most recent 9-month academic year;
       (iii) documentation that the rural local educational agency 
     is operating with a reduced fleet of school buses;
       (iv) a certification from the rural local educational 
     agency that--

       (I) authorizes the application of the rural local 
     educational agency for a grant under this section; and
       (II) describes the dedication of the rural local 
     educational agency to school bus replacement programs and 
     school transportation needs (including the number of new 
     school buses needed by the rural local educational agency); 
     and

       (v) an assurance that the rural local educational agency 
     will pay the non-Federal share of the cost of the purchase of 
     new school buses under this section from non-Federal sources.
       (3) Priority.--
       (A) In general.--In providing grants under this section, 
     the Secretary shall give priority to rural local educational 
     agencies that, as determined by the Secretary--
       (i) are transporting students in a bus manufactured before 
     1977;
       (ii) have a grossly depleted fleet of school buses; or
       (iii) serve a school that is required, under section 
     1116(b)(9) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6316(b)(9)), to provide transportation to 
     students to enable the students to transfer to another public 
     school served by the rural local educational agency.
       (4) Payments; federal share.--
       (A) Payments.--The Secretary shall pay to each rural local 
     educational agency having an application approved under this 
     subsection the Federal share described in subparagraph (B) of 
     the cost of purchasing such number of new school buses as is 
     specified in the approved application.
       (B) Federal share.--The Federal share of the cost of 
     purchasing a new school bus under this section shall be 75 
     percent.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (A) $50,000,000 for fiscal year 2007; and
       (B) such sums as are necessary for each of fiscal years 
     2008 through 2012.
                                 ______
                                 
  SA 4325. Mr. BYRD (for himself and Mr. Rockefeller) submitted an 
amendment intended to be proposed by him to the bill S. 2766, to 
authorize appropriations for fiscal year 2007 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle I of title X, add the following:

     SEC. 1084. VETERANS AND MILITARY PRIVACY PROTECTION.

       (a) Federal Trade Commission Program for Veterans, Spouses 
     of Veterans, and Others at Risk of Identity Theft.--
       (1) Program required.--The Federal Trade Commission shall, 
     in consultation with the Secretary of Veterans Affairs, 
     develop and implement a program to provide financial 
     counseling and support to any veteran, spouse, or other 
     person described in paragraph (5).
       (2) Access.--The program required by paragraph (1) shall be 
     accessible through a toll-free telephone number (commonly 
     referred to as an ``800 number'') established and operated by 
     the Federal Trade Commission for purposes of the program.
       (3) Elements.--Under the program required by paragraph (1), 
     the Federal Trade Commission shall--
       (A) provide to veterans, spouses, and other persons 
     described in paragraph (5) such financial and other 
     counseling as the Commission considers appropriate relating 
     to identity theft and the theft of data as described in that 
     paragraph; and
       (B) upon request of any veteran, spouse, or other person 
     described in paragraph (5), assist such individual in 
     securing the placement of an extended fraud alert or credit 
     security freeze under sections 605A(b)(3) and 605C of the 
     Fair Credit Reporting Act, as added by this section, 
     respectively.
       (4) Persons not subject to identity theft.--
       (A) Notice to ftc of identification of veterans or others 
     not subject to identity theft.--Upon conclusively identifying 
     any veteran, spouse, or other person described in paragraph 
     (5) as not being at risk of identity theft as a result of the 
     security breach at the Department of Veterans Affairs on May 
     3, 2006, the Secretary shall immediately notify the Federal 
     Trade Commission of such identification.
       (B) Notice to veterans and others.--The program required by 
     paragraph (1) shall include mechanisms to ensure that any 
     veteran, spouse, or other person who seeks counseling and 
     support under the program after receipt by the Commission of 
     notice under subparagraph (A) covering such veteran is 
     informed that such veteran or person is no longer subject to 
     identity theft as a result of the security breach at the 
     Department of Veterans Affairs on May 3, 2006.
       (5) Applicability.--This paragraph shall apply with respect 
     to--
       (A) any veteran, as defined in section 101 of title 38, 
     United States Code, who may be a victim of identity theft as 
     a result of the security breach at the Department of Veterans 
     Affairs on May 3, 2006;
       (B) any spouse (or former spouse) of such veteran who the 
     Secretary of Veterans Affairs has conclusively identified as 
     being at risk of identity theft as a result of that security 
     breach; and
       (C) any other person who the Secretary of Veterans Affairs 
     has conclusively identified as being at risk of identity 
     theft as a result of that security breach.
       (b) Extended Consumer Credit Fraud Alerts and Security 
     Freezes for Veterans and Other Persons Affected by Security 
     Breach.--
       (1) Automatic fraud alerts.--Section 605A(b) of the Fair 
     Credit Reporting Act (15 U.S.C. 1681c-1(b)) is amended by 
     adding at the end the following:
       ``(3) Automatic extended fraud alerts for certain veterans 
     and others affected by security breach.--
       ``(A) In general.--Upon the direct request of a veteran, 
     spouse, or other person described in subparagraph (D), each 
     consumer reporting agency described in section 603(p)(1) that 
     maintains a file on that individual shall take the actions 
     specified in subparagraphs (A) through (C) of paragraph (1) 
     with respect to that individual.
       ``(B) Automatic alerts.--Notwithstanding the requirements 
     of paragraph (1), a veteran, spouse, or other person 
     described in subparagraph (D) is not required to submit any 
     identity theft report, proof of identity, or other 
     documentation with respect to an extended fraud alert 
     required by subparagraph (A).
       ``(C) Veterans and others not subject to identity theft.--
     Upon conclusively identifying any veteran, spouse, or other 
     person described in subparagraph (D) as not being at risk of 
     identity theft as a result of the security breach described 
     in subparagraph (A)--
       ``(i) the Secretary of Veterans Affairs shall immediately 
     notify each consumer reporting agency and the veteran, 
     spouse, or other person involved that such individual is no 
     longer subject to identity theft as a result of the security 
     breach described in subparagraph (A); and
       ``(ii) the requirements of subparagraph (A) shall no longer 
     apply with respect to any such veteran, spouse, or other 
     person, as of the date of such notification.
       ``(D) Applicability.--This paragraph shall apply to--
       ``(i) any veteran, as defined in section 101 of title 38, 
     United States Code, who may be a victim of identity theft as 
     a result of the security breach at the Department of Veterans 
     Affairs on May 3, 2006;
       ``(ii) any spouse (or former spouse) of such veteran who 
     the Secretary of Veterans Affairs has conclusively identified 
     as being at risk of identity theft as a result of that 
     security breach; and
       ``(iii) any other person who the Secretary of Veterans 
     Affairs has conclusively identified as being at risk of 
     identity theft as a result of that security breach.''.
       (2) Security freezes for veterans.--The Fair Credit 
     Reporting Act (15 U.S.C. 1681 et seq.) is amended by 
     inserting after section 605B the following:

     ``SEC. 605C. SECURITY FREEZES FOR CERTAIN VETERANS.

       ``(a) Applicability.--This section shall apply with respect 
     to--
       ``(1) any veteran, as defined in section 101 of title 38, 
     United States Code, who may be a victim of identity theft as 
     a result of the security breach at the Department of Veterans 
     Affairs on May 3, 2006;
       ``(2) any spouse (or former spouse) of such veteran who the 
     Secretary of Veterans Affairs has conclusively identified as 
     being at risk of identity theft as a result of that security 
     breach; and
       ``(3) any other person who the Secretary of Veterans 
     Affairs has conclusively identified as being at risk of 
     identity theft as a result of that security breach.
       ``(b) Security Freezes.--

[[Page 11732]]

       ``(1) Emplacement.--A veteran, spouse, or other person 
     described in subsection (a) may include a security freeze in 
     the file of that veteran, spouse, or other person maintained 
     by a consumer reporting agency described in section 
     603(p)(1), by making a request to the consumer reporting 
     agency in writing, by telephone, or through a secure 
     electronic connection made available by the consumer 
     reporting agency.
       ``(2) Consumer disclosure.--If a veteran, spouse, or other 
     person described in subsection (a) requests a security freeze 
     under this section, the consumer reporting agency shall 
     disclose to that individual the process of placing and 
     removing the security freeze and explain to that individual 
     the potential consequences of the security freeze. A consumer 
     reporting agency may not imply or inform a veteran, spouse, 
     or other person described in subsection (a) that the 
     placement or presence of a security freeze on the file of 
     that individual may negatively affect their credit score.
       ``(c) Effect of Security Freeze.--
       ``(1) Release of information blocked.--If a security freeze 
     is in place in the file of a veteran, spouse, or other person 
     described in subsection (a), a consumer reporting agency may 
     not release information from the file of that individual for 
     consumer credit purposes to a third party without prior 
     express written authorization from that individual.
       ``(2) Information provided to third parties.--Paragraph (2) 
     does not prevent a consumer reporting agency from advising a 
     third party that a security freeze is in effect with respect 
     to the file of a veteran, spouse, or other person described 
     in subsection (a). If a third party, in connection with an 
     application for credit, requests access to a consumer file on 
     which a security freeze is in place under this section, the 
     third party may treat the application as incomplete.
       ``(3) Credit score not affected.--The placement of a 
     security freeze under this section may not be taken into 
     account for any purpose in determining the credit score of 
     the veteran, spouse, or other person to whom the security 
     freeze relates.
       ``(d) Removal; Temporary Suspension.--
       ``(1) In general.--Except as provided in paragraph (4), a 
     security freeze under this section shall remain in place 
     until the veteran, spouse, or other person to whom it relates 
     requests that the security freeze be removed. The veteran, 
     spouse, or other person may remove a security freeze on his 
     or her file by making a request to the consumer reporting 
     agency in writing, by telephone, or through a secure 
     electronic connection made available by the consumer 
     reporting agency.
       ``(2) Conditions.--A consumer reporting agency may remove a 
     security freeze placed in the file of a veteran, spouse, or 
     other person under this section only--
       ``(A) upon request of the veteran, spouse, or other person, 
     pursuant to paragraph (1); or
       ``(B) if the agency determines that the file of that 
     veteran, spouse, or other person was frozen due to a material 
     misrepresentation of fact by that veteran, spouse, or other 
     person.
       ``(3) Notification to consumer.--If a consumer reporting 
     agency intends to remove a security freeze pursuant to 
     paragraph (2)(B), the consumer reporting agency shall notify 
     the veteran, spouse, or other person to whom the security 
     freeze relates in writing prior to removing the freeze.
       ``(4) Temporary suspension.--A veteran, spouse, or other 
     person described in subsection (a) may have a security freeze 
     under this section temporarily suspended by making a request 
     to the consumer reporting agency in writing or by telephone 
     and specifying beginning and ending dates for the period 
     during which the security freeze is not to apply.
       ``(e) Response Times; Notification of Other Entities.--
       ``(1) In general.--A consumer reporting agency shall--
       ``(A) place a security freeze in the file of a veteran, 
     spouse, or other person under subsection (b) not later than 5 
     business days after receiving a request from the veteran, 
     spouse, or other person under subsection (b)(1); and
       ``(B) remove or temporarily suspend a security freeze not 
     later than 3 business days after receiving a request for 
     removal or temporary suspension from the veteran, spouse, or 
     other person under subsection (d).
       ``(2) Notification of other agencies.--A consumer reporting 
     agency shall notify all other consumer reporting agencies 
     described in section 603(p)(1) of a request under this 
     section not later than 3 days after placing, removing, or 
     temporarily suspending a security freeze in the file of the 
     veteran, spouse, or other person under subsection (b), 
     (d)(2)(A), or (d)(4).
       ``(3) Implementation by other agencies.--A consumer 
     reporting agency that is notified of a request under 
     paragraph (2) to place, remove, or temporarily suspend a 
     security freeze in the file of a veteran, spouse, or other 
     person shall--
       ``(A) request proper identification from the veteran, 
     spouse, or other person, in accordance with subsection (g), 
     not later than 3 business days after receiving the 
     notification; and
       ``(B) place, remove, or temporarily suspend the security 
     freeze on that credit report not later than 3 business days 
     after receiving proper identification.
       ``(f) Confirmation.--Except as provided in subsection 
     (c)(3), whenever a consumer reporting agency places, removes, 
     or temporarily suspends a security freeze at the request of a 
     veteran, spouse, or other person under subsection (b) or (d), 
     respectively, it shall send a written confirmation thereof to 
     the veteran, spouse, or other person not later than 10 
     business days after placing, removing, or temporarily 
     suspending the security freeze. This subsection does not 
     apply to the placement, removal, or temporary suspension of a 
     security freeze by a consumer reporting agency because of a 
     notification received under subsection (e)(2).
       ``(g) ID Required.--A consumer reporting agency may not 
     place, remove, or temporarily suspend a security freeze in 
     the file of a veteran, spouse, or other person described in 
     subsection (a) at the request of the veteran, spouse, or 
     other person, unless the veteran, spouse, or other person 
     provides proper identification (within the meaning of section 
     610(a)(1)) and the regulations thereunder.
       ``(h) Exceptions.--This section does not apply to the use 
     of the file of a veteran, spouse, or other person described 
     in subsection (a) maintained by a consumer reporting agency 
     by any of the following:
       ``(1) A person or entity, or a subsidiary, affiliate, or 
     agent of that person or entity, or an assignee of a financial 
     obligation owing by the veteran, spouse, or other person to 
     that person or entity, or a prospective assignee of a 
     financial obligation owing by the veteran, spouse, or other 
     person to that person or entity in conjunction with the 
     proposed purchase of the financial obligation, with which the 
     veteran, spouse, or other person has or had prior to 
     assignment an account or contract, including a demand deposit 
     account, or to whom the veteran, spouse, or other person 
     issued a negotiable instrument, for the purposes of reviewing 
     the account or collecting the financial obligation owing for 
     the account, contract, or negotiable instrument.
       ``(2) Any Federal, State, or local agency, law enforcement 
     agency, trial court, or private collection agency acting 
     pursuant to a court order, warrant, subpoena, or other 
     compulsory process.
       ``(3) A child support agency or its agents or assigns 
     acting pursuant to subtitle D of title IV of the Social 
     Security Act (42 U.S.C. et seq.) or similar State law.
       ``(4) The Department of Health and Human Services, a 
     similar State agency, or the agents or assigns of the Federal 
     or State agency acting to investigate medicare or medicaid 
     fraud.
       ``(5) The Internal Revenue Service or a State or municipal 
     taxing authority, or a State department of motor vehicles, or 
     any of the agents or assigns of these Federal, State, or 
     municipal agencies acting to investigate or collect 
     delinquent taxes or unpaid court orders or to fulfill any of 
     their other statutory responsibilities.
       ``(6) The use of consumer credit information for the 
     purposes of prescreening, as provided for under this title.
       ``(7) Any person or entity administering a credit file 
     monitoring subscription to which the veteran, spouse, or 
     other person has subscribed.
       ``(8) Any person or entity for the purpose of providing a 
     veteran, spouse, or other person with a copy of his or her 
     credit report or credit score upon request of the veteran, 
     spouse, or other person.
       ``(i) Fees.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     consumer reporting agency may charge a reasonable fee, for 
     placing, removing, or temporarily suspending a security 
     freeze in the file of the veteran, spouse, or other person 
     described in subsection (a), which cost shall be submitted to 
     and paid by the Department of Veterans Affairs, pursuant to 
     procedures established by the Secretary of Veterans Affairs.
       ``(2) ID theft victims.--A consumer reporting agency may 
     not charge a fee for placing, removing, or temporarily 
     suspending a security freeze in the file of a veteran, 
     spouse, or other person described in subsection (a), if--
       ``(A) the veteran, spouse, or other person is a victim of 
     identity theft;
       ``(B) the veteran, spouse, or other person requests the 
     security freeze in writing;
       ``(C) the veteran, spouse, or other person has filed a 
     police report with respect to the theft, or an identity theft 
     report (as defined in section 603(q)(4), within 90 days after 
     the date on which the theft occurred or was discovered by the 
     veteran, spouse, or other person; and
       ``(D) the veteran, spouse, or other person provides a copy 
     of the report to the reporting agency.
       ``(j) Limitation on Information Changes in Frozen 
     Reports.--
       ``(1) In general.--If a security freeze is in place in the 
     file of a veteran, spouse, or other person described in 
     subsection (a), the consumer reporting agency may not change 
     any of the following official information in that file 
     without sending a written confirmation of the change to the 
     veteran, spouse, or other person within 30 days after the 
     date on which the change is made:
       ``(A) Name.
       ``(B) Date of birth.

[[Page 11733]]

       ``(C) Social Security number.
       ``(D) Address.
       ``(2) Confirmation.--Paragraph (1) does not require written 
     confirmation for technical modifications of the official 
     information of a veteran, spouse, or other person, including 
     name and street abbreviations, complete spellings, or 
     transposition of numbers or letters. In the case of an 
     address change, the written confirmation shall be sent to 
     both the new address and to the former address of the 
     veteran, spouse, or other person.
       ``(k) Certain Entity Exemptions.--
       ``(1) Aggregators and other agencies.--The provisions of 
     this section do not apply to a consumer reporting agency that 
     acts only as a reseller of credit information by assembling 
     and merging information contained in the data base of another 
     consumer reporting agency or multiple consumer reporting 
     agencies, and does not maintain a permanent data base of 
     credit information from which new consumer credit reports are 
     produced.
       ``(2) Other exempted entities.--The following entities are 
     not required to place a security freeze in the file of a 
     veteran, spouse, or other person described in subsection (a) 
     in accordance with this section:
       ``(A) A check services or fraud prevention services 
     company, which issues reports on incidents of fraud or 
     authorizations for the purpose of approving or processing 
     negotiable instruments, electronic fund transfers, or similar 
     methods of payments.
       ``(B) A deposit account information service company, which 
     issues reports regarding account closures due to fraud, 
     substantial overdrafts, ATM abuse, or similar negative 
     information regarding such veteran, spouse, or other person, 
     to inquiring banks or other financial institutions for use 
     only in reviewing the request of such veteran, spouse, or 
     other person for a deposit account at the inquiring bank or 
     financial institution.''.
       (3) Fees.--Any fee associated with an extended fraud alert 
     or security freeze required by the amendments made by this 
     section that would otherwise be required to be paid by the 
     consumer shall be paid by the Department of Veterans Affairs.
       (c) Penalties for Identity Theft of Veterans and Others 
     Related to Security Breach.--Section 1028 of title 18, United 
     States Code, is amended--
       (1) in subsection (b), by striking ``The punishment for'' 
     and inserting the following ``Except as provided in 
     subsection (j), the punishment for''; and
       (2) by adding at the end the following:
       ``(j) Identity Theft Due to Department of Veterans Affairs 
     Security Breach.--
       ``(1) In general.--In determining the punishment applicable 
     under subsection (b), if the offense is an offense described 
     in paragraph (2), the fine and term of imprisonment otherwise 
     applicable under subsection (b) shall be doubled.
       ``(2) Type of offense.--An offense described in this 
     paragraph is an offense under subsection (a) that--
       ``(A) involves any document or other information--
       ``(i) relating to a veteran (as defined in section 101 of 
     title 38), a spouse of a veteran, or other person; and
       ``(ii) obtained as a direct or indirect result of the 
     security breach at the Department of Veterans Affairs on May 
     3, 2006; and
       ``(B) was committed after the date of enactment of this 
     subsection.''.
       (d) Funding.--
       (1) Reimbursement.--The Secretary of Veterans Affairs shall 
     reimburse the Federal Trade Commission for any costs incurred 
     by the Commission in carrying out this section and the 
     amendments made by this section.
       (2) Availability of funds.--Amounts appropriated to the 
     Secretary and available for obligation may be utilized for 
     purposes of reimbursement of the Federal Trade Commission 
     under paragraph (1).
       (e) Comptroller General Studies on Data Protection and 
     Other Matters.--
       (1) Study on data protection by department of veterans 
     affairs.--
       (A) In general.--The Comptroller General of the United 
     States shall conduct a study of the data protection 
     procedures of the Department of Veterans Affairs.
       (B) Elements.--The study required by subparagraph (A) shall 
     include the following:
       (i) A review and assessment of the data protection 
     procedures of the Department of Veterans Affairs in effect 
     before May 3, 2006.
       (ii) A review and assessment of any modifications of the 
     data protection procedures of the Department of Veterans 
     Affairs adopted as a result of the loss of data resulting 
     from the security breach at the Department on May 3, 2006.
       (2) Study on security breach investigation by department of 
     veterans affairs.--
       (A) In general.--The Comptroller General of the United 
     States shall conduct a review and assessment of the 
     investigation carried out by the Department of Veterans 
     Affairs with respect to the security breach at the Department 
     on May 3, 2006.
       (B) Cooperation.--The Secretary of Veterans Affairs shall 
     ensure that the personnel of the Department of Veterans 
     Affairs cooperate fully with the Comptroller General in the 
     conduct of the review and assessment required by subparagraph 
     (A).
       (3) Study on ftc program for veterans and others at risk of 
     identity theft.--The Comptroller General of the United States 
     shall conduct a study of the program of the Federal Trade 
     Commission for veterans, spouses of veterans, and other 
     persons at risk of identity theft required by subsection (a). 
     The study shall include an assessment of the effectiveness of 
     the program in meeting the financial counseling and similar 
     needs of individuals seeking counseling and support through 
     the program.
       (4) Study on compliance of federal agencies with 
     requirements on personal data.--
       (A) In general.--The Comptroller General of the United 
     States shall conduct a study of the compliance of the 
     departments and agencies of the Federal Government with 
     applicable requirements relating to the preservation of the 
     confidentiality of personal data.
       (B) Elements.--The study required by subparagraph (A) shall 
     include the following:
       (i) A review and assessment of the current procedures and 
     practices of the departments and agencies of the Federal 
     Government regarding the preservation of the confidentiality 
     of personal data.
       (ii) A comparative analysis of the procedures practices 
     referred to in clause (i) with current standards of the 
     Federal Trade Commission for the preservation of the 
     confidentiality of personal data by commercial and non-
     commercial private entities.
       (iii) A review and assessment of the modifications of the 
     data protection procedures adopted by the Department of 
     Veterans Affairs as a result of the loss of data resulting 
     from the security breach on May 3, 2006, including an 
     assessment of the feasibility and advisability of the 
     adoption of any such modifications by other departments and 
     agencies of the Federal Government.
       (iv) An identification of recommendations for improvements 
     to the procedures and practices of the departments and 
     agencies of the Federal Government regarding the preservation 
     of the confidentiality of personal data.
       (5) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report setting forth the 
     results of each study conducted under this section. The 
     report shall set forth the results of each study separately, 
     and shall include such recommendations for legislative and 
     administrative action as the Comptroller General considers 
     appropriate in light of the studies.
                                 ______
                                 
  SA 4326. Mr. LOTT (for himself, Mr. Cochran, and Mr. Nelson of 
Florida) submitted an amendment intended to be proposed by him to the 
bill S. 2766, to authorize appropriations for fiscal year 2007 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title II, add the following:

     SEC. 215. ARROW BALLISTIC MISSILE DEFENSE SYSTEM.

       Of the amount authorized to be appropriated by section 
     201(4) for research, development, test, and evaluation for 
     Defense-wide activities and available for ballistic missile 
     defense--
       (1) $65,000,000 may be available for coproduction of the 
     Arrow ballistic missile defense system; and
       (2) $63,702,000 may be available for the Arrow System 
     Improvement Program.
                                 ______
                                 
  SA 4327. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title VI, add the following:

     SEC. 662. IMPROVEMENT OF MANAGEMENT OF ARMED FORCES 
                   RETIREMENT HOME.

       (a) Redesignation of Chief Operating Officer as Chief 
     Executive Officer.--
       (1) In general.--Section 1515 of the Armed Forces 
     Retirement Home Act of 1991 (24 U.S.C. 415) is amended--
       (A) by striking ``Chief Operating Officer'' each place it 
     appears and inserting ``Chief Executive Officer''; and
       (B) in subsection (e)(1), by striking ``Chief Operating 
     Officer's'' and inserting ``Chief Executive Officer's''.
       (2) Conforming amendments.--Such Act is further amended by 
     striking ``Chief Operating Officer'' each place it appears in 
     a provision as follows and inserting ``Chief Executive 
     Officer'':
       (A) Section 1511 (24 U.S.C. 411).
       (B) Section 1512 (24 U.S.C. 412).
       (C) Section 1513(a) (24 U.S.C. 413(a)).
       (D) Section 1514(c)(1) (24 U.S.C. 414(c)(1)).

[[Page 11734]]

       (E) Section 1516(b) (24 U.S.C. 416(b)).
       (F) Section 1517 (24 U.S.C. 417).
       (G) Section 1518(c) (24 U.S.C. 418(c)).
       (H) Section 1519(c) (24 U.S.C. 419(c)).
       (I) Section 1521(a) (24 U.S.C. 421(a)).
       (J) Section 1522 (24 U.S.C. 422).
       (K) Section 1523(b) (24 U.S.C. 423(b)).
       (L) Section 1531 (24 U.S.C. 431).
       (3) Clerical amendments.--(A) The heading of section 1515 
     of such Act is amended to read as follows:

     ``SEC. 1515. CHIEF EXECUTIVE OFFICER.''.

       (B) The table of contents for such Act is amended by 
     striking the item relating to section 1515 and inserting the 
     following new item:

``Sec. 1515. Chief Executive Officer.''.

       (4) References.--Any reference in any law, regulation, 
     document, record, or other paper of the United States to the 
     Chief Operating Officer of the Armed Forces Retirement Home 
     shall be considered to be a reference to the Chief Executive 
     Officer of the Armed Forces Retirement Home.
       (b) Director and Deputy Director of Facilities.--
       (1) Military director.--Subsection (b)(1) of section 1517 
     of such Act (24 U.S.C. 417) is amended by striking ``a 
     civilian with experience as a continuing care retirement 
     community professional or''.
       (2) Civilian deputy director.--Subsection (d)(1)(A) of such 
     section is amended by striking ``or a member'' and all that 
     follows and inserting ``; and''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to any vacancy that occur in the 
     position of Director or Deputy Director of a facility of the 
     Armed Forces Retirement Home that occurs on or after that 
     date.
       (c) Clarification of Membership on Local Board of 
     Trustees.--Section 1516(c)(1)(H) of such Act (24 U.S.C. 
     416(c)(1)(H)) is amended by inserting before the period at 
     the end the following: ``, who shall be a member of the Armed 
     Forces serving on active duty in the grade of brigadier 
     general, or in the case of the Navy, rear admiral (lower 
     half)''.
                                 ______
                                 
  SA 4328. Mr. LOTT (for himself and Mr. Cochran) submitted an 
amendment intended to be proposed by him to the bill S. 2766, to 
authorize appropriations for fiscal year 2007 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title X, add the following:

     SEC. 1013. PROHIBITION ON LONG-TERM LEASE OF FOREIGN-BUILT 
                   VESSELS.

       (a) Prohibition.--
       (1) In general.--Chapter 141 of title 10, United States 
     Code, is amended by inserting after section 2401a the 
     following new section:

     ``Sec. 2401b. Prohibition on long-term lease of foreign-built 
       vessels

       ``(a) Prohibition.--Commencing on the date of the enactment 
     of the National Defense Authorization Act for Fiscal Year 
     2007, the Department of Defense may not, except as provided 
     in subsection (b), enter into or have in force any contract 
     for a lease or charter for a term of more than 24 months 
     (including all options to renew or extend the contract) of a 
     vessel having a hull, or a component of the hull and 
     superstructure, constructed in a foreign shipyard.
       ``(b) Exception.--The prohibition in subsection (a) shall 
     not apply with respect to any lease or charter otherwise 
     described by that subsection that is in effect on the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2007, but only during the period beginning on 
     such date and ending on October 1, 2015.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2401a the following new item:

``2401b. Prohibition on long-term lease of foreign-built vessels.''.

       (b) Plan for Implementation.--
       (1) In general.--The Secretary of Defense shall submit to 
     Congress at the same time the budget of the President is 
     submitted to Congress for each of fiscal years 2008 through 
     2015 under section 1105(a) of title 31, United States Code, a 
     plan to implement the prohibition in subsection (a) of 
     section 2401b of title 10, United States Code (as added by 
     subsection (a) of this section), by--
       (A) phasing out the long-term lease or charter of foreign-
     built vessels; and
       (B) providing for the construction, lease, or charter of 
     United States built vessels in order to satisfy the 
     operational requirements that would otherwise be satisfied 
     after October 1, 2015, by the long-term lease or charter of 
     foreign-built vessels.
       (2) Elements.--Each report under paragraph (1) shall 
     include, for each foreign-built vessel that is subject to a 
     lease or charter of more than 24 months as of the date of 
     such report pursuant to the exception in subsection (b) of 
     such section 2401b (as so added), the following information:
       (A) The current vessel name.
       (B) The original vessel name if different from the current 
     vessel name.
       (C) The year construction on the vessel was completed.
       (D) The shipbuilder of the vessel.
       (E) The country of origin of the vessel.
       (F) The current mission or assignment of the vessel with 
     the Department of Defense.
       (G) The commencement date of the current lease or charter 
     for the vessel.
       (H) Any option period under the current lease or charter 
     for the vessel, including the end date of any such period.
       (I) The cost of the lease or charter to date.
       (J) The current monthly cost of the lease or charter.
       (K) The hull name or number of any vessel under 
     construction in the United States to provide the services 
     provided by such vessel under the lease or charter.
                                 ______
                                 
  SA 4329. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle C of title I, add the following:

     SEC. 124. MODERNIZATION OF ARLEIGH BURKE CLASS DESTROYERS.

       (a) Modernization of Certain Vessels Required.--The 
     Secretary of the Navy shall carry out a program to modernize 
     the last three vessels in the DDG-51 Arleigh Burke Class of 
     destroyers.
       (b) Funding for Modernization of Certain Vessel.--
       (1) Additional amount for shipbuilding and conversion, 
     navy.--The amount authorized to be appropriated by section 
     102(a)(3) for shipbuilding and conversion for the Navy is 
     hereby increased by $40,000,000.
       (2) Availability of amount.--Of the amount authorized to be 
     appropriated by section 102(a)(3) for shipbuilding and 
     conversion for the Navy, as increased by paragraph (1), 
     $40,000,000 may be available for modernization of the Arleigh 
     Burke Class destroyer DDG-110.
       (3) Offset.--The amount authorized to be appropriated by 
     section 301(2) for operation and maintenance for the Navy is 
     hereby reduced by $40,000,000.
                                 ______
                                 
  SA 4330. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill S. 2766, to authorize appropriations for fiscal year 
2007 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title II, add the following:

     SEC. 215. TRANSFER MISSILE POWER SYSTEM.

       Of the amount authorized to be appropriated by section 
     201(1) for research, development, test, and evaluation for 
     the Army, $5,000,000 may be available for research and 
     development associated with the Transfer Missile Power 
     System.
                                 ______
                                 
  SA 4331. Mr. TALENT (for himself and Mr. Nelson of Florida) submitted 
an amendment intended to be proposed by him to the bill S. 2766, to 
authorize appropriations for fiscal year 2007 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. TERMS OF CONSUMER CREDIT EXTENDED TO SERVICEMEMBER 
                   OR SERVICEMEMBER'S DEPENDENT.

       (a) Terms of Consumer Credit.--Title II of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) 
     is amended by adding at the end the following new section:

     ``SEC. 208. TERMS OF CONSUMER CREDIT.

       ``(a) Interest.--A creditor who extends consumer credit to 
     a servicemember or a servicemember's dependent shall not 
     require the servicemember or the servicemember's dependent to 
     pay interest with respect to the extension of such credit, 
     except as--
       ``(1) agreed to under the terms of the credit agreement or 
     promissory note;
       ``(2) authorized by applicable State or Federal law; and

[[Page 11735]]

       ``(3) not specifically prohibited by this section.
       ``(b) Annual Percentage Rate.--A creditor described in 
     subsection (a) shall not impose an annual percentage rate 
     greater than 36 percent with respect to the consumer credit 
     extended to a servicemember or a servicemember's dependent.
       ``(c) Mandatory Loan Disclosures.--
       ``(1) Information required.--With respect to any extension 
     of consumer credit to a servicemember or a servicemember's 
     dependent, a creditor shall provide to the servicemember or 
     the servicemember's dependent the following information in 
     writing, at or before the issuance of the credit:
       ``(A) A statement of the annual percentage rate applicable 
     to the extension of credit.
       ``(B) Any disclosures required under the Truth in Lending 
     Act (15 U.S.C. 1601 et seq.).
       ``(C) A clear description of the payment obligations of the 
     servicemember or the servicemember's dependent, as 
     applicable.
       ``(2) Terms.--Such disclosures shall be presented in 
     accordance with terms prescribed by the regulations issued by 
     the Board of Governors of the Federal Reserve System to 
     implement the Truth in Lending Act (15 U.S.C. 1601 et seq.).
       ``(d) Limitation.--A creditor described in subsection (a) 
     shall not automatically renew, repay, refinance, or 
     consolidate with the proceeds of other credit extended by the 
     same creditor any consumer credit extended to a servicemember 
     or a servicemember's dependent without--
       ``(1) executing new loan documentation signed by the 
     servicemember or the servicemember's dependent, as 
     applicable; and
       ``(2) providing the loan disclosures described in 
     subsection (c) to the servicemember or the servicemember's 
     dependent.
       ``(e) Preemption.--Except as provided in subsection (f)(2), 
     this section preempts any State or Federal law, rule, or 
     regulation, including any State usury law, to the extent that 
     such laws, rules, or regulations are inconsistent with this 
     section, except that this section shall not preempt any such 
     law, rule, or regulation that provides additional protection 
     to a servicemember or a servicemember's dependent.
       ``(f) Penalties.--
       ``(1) Misdemeanor.--Any creditor who knowingly violates 
     this section shall be fined as provided in title 18, United 
     States Code, or imprisoned for not more than one year, or 
     both.
       ``(2) Preservation of other remedies.--The remedies and 
     rights provided under this section are in addition to and do 
     not preclude any remedy otherwise available under law to the 
     person claiming relief under this section, including any 
     award for consequential and punitive damages.
       ``(g) Definition.--For purposes of this section, the term 
     `interest' includes service charges, renewal charges, fees, 
     or any other charges (except bona fide insurance) with 
     respect to the extension of consumer credit.''.
       (b) Clerical Amendment.--The table of contents of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 501) is 
     amended by inserting after the item relating to section 207 
     the following new item:

``Sec. 208. Terms of consumer credit''.



                          ____________________