Fishery Management Amendments of 2006 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require determinations that a fishery is depleted (currently, overfished) or approaching being depleted to be based on the best scientific information available, subject to peer review, and include an explanation of the cause or causes of the depleted condition of the fishery.
Sets forth circumstances under which the rebuilding deadline may be extended for an individual stock of fish within a multispecies fishery in which more than one stock of fish is subject to a management plan, amendment, or regulation. Requires the Secretary of Commerce, with respect to a depleted fishery due to unsustainable fishing, to notify a Regional Fishery Management Council and request action be taken to end the unsustainable fishing in such fishery and to implement conservation and management measures to rebuild affected fish stocks.
Provides grants for qualifying health care coverage programs to provide benefits to individuals employed in the fishing industry (including their families).
Establishes the Federal Fishery Research Network to conduct research on fishery management issues.
Requires federal inspection of fishing vessel safety instruction and emergency drill records. Authorizes grants for fishing vessel safety training and instruction sessions (including purchase of safety equipment).
Requires a holder of an individual fishing quota to be a U.S. citizen.
Provides grants to construct or improve wharves in coastal areas for commercial fishing use.
Establishes the Fishery Science Education Program to increase the number of post-baccalaureate degrees in fishery science.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4940 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4940
To amend the Magnuson-Stevens Fishery Conservation and Management Act,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 13, 2006
Mr. Frank of Massachusetts (for himself and Mr. Tierney) introduced the
following bill; which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
To amend the Magnuson-Stevens Fishery Conservation and Management Act,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fishery Management
Amendments 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. Rebuilding depleted fisheries.
Sec. 4. Economic and social impacts of fishery management actions.
Sec. 5. Improvements in fishery science and research.
Sec. 6. Fishing safety.
Sec. 7. Bycatch.
Sec. 8. Capacity reduction.
Sec. 9. Individual fishing quotas.
Sec. 10. Compliance with National Environmental Policy Act of 1969.
Sec. 11. Grants for construction or repair of wharves and related
facilities.
Sec. 12. Fishery science education program.
Sec. 13. 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. REBUILDING DEPLETED FISHERIES.
(a) Treatment of Stocks as Depleted; Prevention of Unsustainable
Fishing.--
(1) Definitions.--Section 3 (16 U.S.C. 1802) is amended--
(A) by striking paragraph (29);
(B) by redesignating the last paragraph (relating
to the definition of ``waters of a foreign nation'') as
paragraph (46); and
(C) by adding at the end the following:
``(47) The term `depleted' means, with respect to a stock
of fish, that, based on the best scientific information
available, the stock of fish is below 50 percent of the
population level that is necessary to produce maximum
sustainable yield for the stock of fish on a continuing basis.
``(48) The term `unsustainable fishing' means, with respect
to a stock of fish, a rate of fishing mortality that, based on
the best scientific information available, is likely, if such
rate is maintained, to result over time in a reduction in the
stock of fish below a population level that is consistent with
producing maximum sustainable yield for the stock of fish on a
continuing basis.''.
(2) Substitution of terms.--The Magnuson-Stevens Fishery
Conservation and Management Act is amended--
(A) by striking ``overfished'' each place it
appears and inserting ``depleted'';
(B) by striking ``Overfished'' each place it
appears and inserting ``Depleted''; and
(C) by striking ``overfishing'' each place it
appears and inserting ``unsustainable fishing''.
(b) Ensuring Scientific Determinations of Depleted Conditions.--
Section 304(e)(1) (16 U.S.C. 1854(e)(1)) is amended by adding at the
end the following: ``All determinations by the Secretary under this
subsection that a fishery is depleted or approaching a condition of
being depleted shall be based on the best scientific information
available, shall be subject to peer review in accordance with section
404(d), and shall include an explanation of the cause or causes of the
depleted condition of the fishery''.
(c) Rebuilding Flexibility.--Section 304(e) (16 U.S.C. 1854(e)) is
amended--
(1) in paragraph (4)(A)(ii) by inserting after ``other
environmental conditions,'' the following: ``a need to
alleviate a projected significant negative economic impact on
fishing communities (subject to the requirements in paragraph
(10)),'';
(2) in paragraph (4) by striking ``and'' after the
semicolon at the end of subparagraph (B), by striking the
period at the end of subparagraph (C) and inserting ``; and'',
and by adding at the end the following:
``(D) for a multispecies fishery in which more than
one stock of fish within the fishery is subject to a
fishery management plan, plan amendment, regulation, or
proposed regulation pursuant to paragraph (3) or (5),
provide that the rebuilding deadline may be extended
for an individual stock of fish within the fishery
subject to the management measures in such plan,
amendment, or regulation, for an additional time period
that is not longer than the time period specified for
the fishery under subparagraph (A), if--
``(i) such stock is not projected to be
rebuilt at the conclusion of the time period
specified under subparagraph (A);
``(ii) taking into account the biology of
the several stocks of fish in the multispecies
fishery--
``(I) the aggregate average
population for all of the stocks of
fish in the multispecies fishery that
are subject to the management measures
is projected, under a formula
established by the Secretary in
accordance with paragraph (8), to
remain at a level that is consistent
with producing maximum sustainable
yield on a continuing basis; and
``(II) no individual stock of fish
that is subject to the management
measures is depleted or projected to be
depleted; and
``(iii) the Secretary, taking into account
the biology of the stock of fish for which the
deadline is extended, certifies that such stock
of fish is projected, using the best scientific
information available, to continue
rebuilding.''; and
(3) by adding at the end the following:
``(8) The Secretary shall issue a regulation that
establishes the formula for calculating the aggregate average
of all stocks of fish in a multispecies fishery for purposes of
paragraph (4)(D). The Secretary shall provide an opportunity
for submission of public comment on such formula for a 6-month
period. The formula shall be based on the best scientific
information available, and shall take into account the relative
sizes of the populations of the various stocks of fish in the
fishery. The Secretary shall ensure that any finding, based on
such formula, as to whether a multispecies fishery is rebuilt
shall be subject to peer review in accordance with section 404.
``(9) The Secretary may extend the rebuilding time period
under paragraph (4)(A)(ii), if--
``(A) the biomass rebuilding target is
substantially increased during the rebuilding period;
``(B) the extension will apply only to those
species for which the new biomass targets exceed the
targets in the existing plan;
``(C) the extension does not exceed 10 years; and
``(D) the best scientific information available
shows that the extension will allow continued
rebuilding and completion of rebuilding by the end of
the extension.
``(10) The Secretary may extend the rebuilding time period
under paragraph (4)(A)(ii) to alleviate projected significant
negative economic impact on fishing communities, if--
``(A) the determination of economic impact has been
subject to peer review in accordance with section 404;
``(B) the best scientific information available
shows that rebuilding will be achieved in no more than
twice the number of years of the original rebuilding
period; and
``(C) the best scientific information available
shows that the extension will allow continued
rebuilding and completion of rebuilding by the end of
the extension.
``(11) The Secretary or the Council may, during a
rebuilding period, amend a rebuilding plan to allow an increase
in the rate of harvest of the depleted stock of fish concerned,
if--
``(A) the Secretary determines during the
rebuilding period that the depleted stock of fish is
rebuilding at a significantly faster rate than the rate
that was projected at the beginning of the rebuilding
period; and
``(B) the best scientific information available
shows that the increased rate will allow continued
rebuilding and completion of rebuilding by the end of
the rebuilding period.''.
(d) Consideration of Environmental Conditions and Natural
Fluctuations.--Section 304(e)(1) (16 U.S.C. 1854(e)(1)) is further
amended by inserting ``environmental conditions, natural biological
fluctuations,'' after ``fishery resource size,''.
(e) Actions Following Determination of Depleted State.--Section
304(e) (16 U.S.C. 1854(e)) is further amended--
(1) in paragraph (2) by striking the first sentence and
inserting the following: ``(A) If the Secretary determines at
any time that a fishery is depleted, and that unsustainable
fishing is a cause of the depleted state of the fishery, the
Secretary shall immediately notify the appropriate Council and
request that action be taken to end unsustainable fishing in
the fishery in a manner consistent with section 304(e)(3) and
to implement conservation and management measures to rebuild
affected stocks of fish.'';
(2) by adding at the end of paragraph (2) the following:
``(B) If the Secretary determines that environmental
conditions or other factors not directly related to fishing
have contributed to the depleted state of the fishery, the
Secretary--
``(i) shall immediately notify the appropriate
Council and may request that action be taken to end
unsustainable fishing in the fishery in a manner
consistent with section 304(e)(3) and to implement
conservation and management measures to rebuild the
fishery; and
``(ii) shall consult with the Administrator of the
Environmental Protection Agency or other appropriate
Federal Government officials on additional methods of
alleviating such conditions or factors.'';
(3) in paragraph (3) by striking ``or'' after the semicolon
at the end of subparagraph (A), by striking the period at the
end of subparagraph (B) and inserting ``; or'' and by adding at
the end the following:
``(C) coordinate other actions to alleviate the
depleted condition of the fishery with other Federal
Government officials.'';
(4) in paragraph (4)--
(A) in the matter preceding subparagraph (A) by
striking ``shall'';
(B) in each of subparagraphs (A), (B), and (C) by
inserting ``shall'' after the subparagraph designation;
and
(C) by striking ``and'' after the semicolon at the
end of subparagraph (B), by striking the period at the
end of subparagraph (C) and inserting ``and'', and by
adding at the end the following:
``(D) may temporarily permit fishing during a
rebuilding period at rates that, if such temporary
rates were maintained until the end of the rebuilding
period, could result in rebuilding not being completed
by the end of the rebuilding period, if the mortality
rates associated with such temporary rates (and any
adjustments to such mortality rates that are required
pursuant to fishery management measures adopted during
the rebuilding period) are projected to produce
continued rebuilding and lead to a completion of
rebuilding by the end of the rebuilding period (or the
end of any extension of the rebuilding period under
paragraph (9) or (10)).'';
(5) in paragraph (5) by striking ``the Secretary shall
prepare'' and all that follows through the end of the sentence
and inserting ``the Secretary shall, within 9 months after the
end of such one-year period, prepare under subsection (c) a
fishery management plan or plan amendment and any accompanying
regulations that may be necessary to rebuild affected stocks of
fish, including, if necessary, measures to stop, or reduce the
rate of, unsustainable fishing.'';
(6) in paragraph (6) by striking the last sentence; and
(7) in paragraph (7) in the second sentence by striking
``ending overfishing and''.
SEC. 4. ECONOMIC AND SOCIAL IMPACTS OF FISHERY MANAGEMENT ACTIONS.
(a) Restoring Balance Between National Standards on Unsustainable
Fishing and Economic Impact.--Section 301 (16 U.S.C. 1851) is amended
by adding at the end the following:
``(c) Rule of Construction Regarding National Standard (8).--
Paragraph (8) of subsection (a) shall be construed to be of equal
importance as the other paragraphs of subsection (a). The Secretary
shall ensure that paragraph (8) of subsection (a)--
``(1) is applied to the same extent as the other paragraphs
of subsection (a); and
``(2) is given consideration that is substantially the same
as the consideration given to the other paragraphs of
subsection (a), with respect to all fishery management plans,
decisions, and actions under this Act.''.
(b) Cumulative Economic and Social Impact.--Section 301(a)(8) (16
U.S.C. 1851(a)(8)) is amended by inserting after ``the importance of
fishery resources to fishing communities'' the following: ``and the
cumulative economic and social impact of fishery conservation and
management measures on such communities''.
(c) Required Provisions of Fishery Management Plans.--Section
303(a)(9) (16 U.S.C. 1853(a)(9)) is amended by inserting before the
semicolon the following: ``, including the likely economic and social
impacts of the plan or amendment on the affected participants and
fishing communities''.
(d) Amendment to Definition of Fishing Community.--Section 3(16)
(16 U.S.C. 1802(16)) is amended--
(1) by striking ``and crew'' and inserting ``crew''; and
(2) by inserting ``, and other shore side businesses that
have substantial involvement in the fishing industry,'' after
``processors''.
(e) Fishing Industry Health Care Coverage Demonstration Program.--
(1) Grants program authorized.--The Secretary shall carry
out a program of grants in accordance with this subsection to
organizations for planning, implementation, and administration
of qualifying health care coverage programs that provide
benefits to individuals who are employed in the fishing
industry (and their families), and--
(A) who are in general ineligible for existing
health care coverage programs because of the sporadic
and transient nature of employment opportunities in the
fishing industry;
(B) whose ability to acquire health care coverage
is negatively affected by the nature of the fishing
industry or fishery management actions; or
(C) whose ability to acquire health care coverage
is negatively affected by a natural disaster that has a
harmful economic impact on commercial fishing.
(2) Grant program requirements.--The Secretary shall award
grants under this subsection--
(A) on a competitive basis;
(B) after consultation with government officials or
representatives of organizations who are familiar with
the commercial fishing industry in the affected area;
(C) according to the terms and limits described in
paragraphs (4), (5), and (6), except that grants that
are awarded under paragraphs (5) and (6) shall include
a requirement for non-Federal matching funds equal to
40 percent of the grant amount;
(D) to programs in no more than 10 States, and to
no more than one such program in each State, except as
provided in paragraph (7);
(E) pursuant to such application procedures as the
Secretary may require; and
(F) subject to any review, financial standards, or
other requirements the Secretary may establish to
ensure compliance with the purposes of the grants on an
ongoing basis.
(3) Qualified health insurance program.--A program shall be
considered a qualifying health care coverage programs under
this subsection if the program--
(A) is administered by a non-profit fishing-related
organization with an independent board of directors
that includes commercial fishing industry
representatives;
(B) provides high quality, affordable, preventive
health care coverage to individuals described in
paragraph (1);
(C) provides health care on a sliding scale premium
rate structure that includes provisions that, for the
purposes of determining rates, take into account the
economic conditions of the fishing industry in the
program's service area, and the condition of the fish
stocks that are important to the fishing industry in
such area;
(D) provides ongoing enrollment, outreach, and
other activities to expand the program's coverage; and
(E) establishes a reserve fund, maintains aggregate
and specific reinsurance coverage, and meets any other
risk management controls and financial standards
required by the Secretary.
(4) Program planning grants.--The Secretary may award
grants, up to a maximum amount of $100,000 per year for no more
than two years, to organizations to conduct initial research
and planning for the development of a qualifying health care
coverage program. Any grantee under this paragraph shall--
(A) conduct a demographic survey of the affected
State's fishing industry and such industry's health
care needs;
(B) develop a strategic plan for implementation of
a qualifying health care coverage program within the
affected State, including a detailed financial plan;
and
(C) transmit to the Secretary the information
described in subparagraphs (A) and (B), and any other
information and assurances that may be required by the
Secretary.
(5) Program implementation grants.--The Secretary may award
grants, up to a maximum amount of $2,000,000 per year for no
more than two years, to an organization for initial
implementation of qualifying health care coverage programs that
are developed with a grant under paragraph (4) (or that are
developed through other sources of funds, regardless of whether
such implementation occurred prior to enactment of this
paragraph), if, pursuant to review, application requirements,
and other standards established by the Secretary, such
organizations--
(A) satisfactorily complete the actions described
in subparagraphs (A), (B), and (C) of paragraph (4);
and
(B) demonstrate the capability to successfully
implement a qualifying program.
(6) Administration of programs.--The Secretary may award
grants, up to a maximum amount of $3,000,000 per year for no
more than five years, to organizations for administration of
programs that are implemented by means of grants awarded under
paragraph (5) (or that are implemented through other sources of
funds, regardless of whether such implementation occurred prior
to enactment of this paragraph), if, pursuant to review,
application requirements, and other standards established by
the Secretary, such organizations--
(A) satisfactorily complete the actions described
in paragraph (5); and
(B) demonstrate the capability to successfully
administer a qualifying health care coverage program.
(7) Extended grant eligibility.--The Secretary may provide
grants, up to a maximum of $3,000,000 per year, to
organizations that have been previously awarded grants for 5
years under paragraph (6), for continued implementation of a
qualifying health care coverage program, if, pursuant to
regulations issued by the Secretary, the economic conditions of
the fishing industry in the program's service area, or the
condition of the fish stocks that are important to the fishing
industry in such area, jeopardize the ability of such programs
to continue providing affordable health care coverage.
(8) Multistate programs.--
(A) Notwithstanding the limitations in subparagraph
(2)(D), the Secretary may award grants under this
subsection for the establishment of a multistate
qualifying health care coverage program to consortiums
of organizations located in more than one State.
(B) A multistate program shall be considered as a
single program under paragraph (2)(D).
(C) The Secretary may increase the funding limits
in paragraphs (4), (5), and (6), taking into account
the size of the population to be served by such
program.
(9) Third-party contract authority.--Organizations that are
awarded grants under this subsection may contract with third
parties to conduct the activities described in paragraphs (5)
and (6).
(10) Authorization of appropriations.--In addition to the
other amounts authorized by this Act, for grants under this
section there are authorized to be appropriated to the
Secretary the following sums:
(A) $5,000,000 for fiscal year 2007.
(B) $5,000,000 for fiscal year 2008.
(C) $10,000,000 for fiscal year 2009.
(D) $10,000,000 for fiscal year 2010.
(E) $20,000,000 for fiscal year 2011.
(f) Study of Benefits for Individuals Employed in the Fishing
Industry.--
(1) In general.--The Secretary of Commerce shall conduct a
study of the options for, and the feasibility of, establishing
programs to provide economic benefits, including pensions, to
crewmembers and other individuals employed in the fishing
industry and members of their families--
(A) who are in general ineligible for existing
programs that provide such benefits because of the
sporadic nature of employment opportunities in the
fishing industry; or
(B) whose benefits are negatively affected by the
nature of the fishing industry of fishery management
actions.
(2) Report.--The Secretary shall submit a report submit a
report to the Congress by not later than 2 years after the date
of the enactment of this Act on the findings, conclusions, and
recommendations of the study under this subsection.
SEC. 5. IMPROVEMENTS IN FISHERY SCIENCE AND RESEARCH.
(a) Best Scientific Information Available Defined.--Section 3 (16
U.S.C. 1802) is further amended by adding at the end the following:
``(49) The term `best scientific information available'--
``(A) means information that--
``(i) is directly related to the specific
matter under consideration;
``(ii) is based on a statistically valid
sample;
``(iii) has undergone an independent peer
review process, that is carried out in
accordance with peer review requirements (if
any) that apply under this Act to such
consideration;
``(iv) has been collected within a time
frame that is reasonably related to the
specific matter under consideration;
``(v) is based on information that is
reasonably reflective of the present status of
the fishery to which it relates, and does not
rely substantially on data from previous time
periods for which fish abundance estimates are
primarily anecdotal, or data that is of unknown
reliability given the technology and scientific
knowledge during such periods;
``(vi) is developed through reasonably
transparent processes in which scientific
findings, and the analyses that produced such
findings, are available to the public, subject
to regulations issued by the Secretary; and
``(vii) takes into account to the extent
possible the movement between habitat areas of
different stocks of the same species;
``(B) takes into account significant economic and
social impacts, including cumulative economic and
social impacts;
``(C) may include information obtained by
scientifically valid research that is conducted in
cooperation between the Department of Commerce and a
person that is not an officer or employee of the
Department, or by a person other than an officer or
employee of the Department;
``(D) may include, but may not be limited to,
landing data, sales and auction data, and anecdotal
information collected during the harvesting and
processing of fish; and
``(E) shall to the extent practicable include more
than one scientific model.''.
(b) Peer Review of Stock Assessments and Economic and Social
Analysis.--
(1) Scientific review committees.--Section 302(g) (16
U.S.C. 1852(g)) is amended by adding at the end the following:
``(6)(A) Each Council shall establish a scientific review
committee which shall, with respect to fisheries under the
Council's jurisdiction, conduct an independent peer review of
the scientific research findings that are the basis for each
new stock assessment used to develop a fishery management plan,
significant substantive amendment to such a plan, or other
significant substantive fishery management action under this
Act.
``(B) The findings of any peer review conducted under this
paragraph shall be included in any relevant documents that are
made available to the public with respect to the matter that is
reviewed.
``(C) A committee established under this paragraph by a
Council shall, at a minimum, consist of--
``(i) at least one member from each of the
committees established under paragraphs (1) and (3) by
the Council, of whom at least one shall be a member who
is not affiliated with the persons who wrote or
prepared the scientific information reviewed by the
committee; and
``(ii) such other members as the Council (excluding
the persons who wrote or prepared the scientific
information reviewed by the committee) considers
appropriate.''.
(2) Economic and social impact review committees.--Section
302(g) (16 U.S.C. 1852(g)) is further amended by adding at the
end the following:
``(7)(A) Each Council shall establish an economic and
social impact review committee which shall, with respect to
fisheries under the Council's jurisdiction, conduct an
independent peer review of the economic and social impacts
associated with a fishery management plan, significant
substantive amendment to such plan, or other significant
substantive fishery management action under this Act.
``(B) The findings of any peer review conducted under this
paragraph shall be included in any relevant documents that are
made available to the public with respect to the matter that is
reviewed.
``(C) The membership of a committee established under this
paragraph by a Council--
``(i) may include members of other committees
established by the Council;
``(ii) may include such other members as the
Council (other than the persons who wrote or prepared
the economic and social information reviewed by the
committee) considers appropriate; and
``(iii) shall include at least one member who is
not affiliated with the persons who wrote or prepared
the economic and social information reviewed by the
committee.''.
(c) Independent Peer Review.--Section 404 (16 U.S.C. 1881c) is
amended by adding at the end the following:
``(d) Independent Peer Review.--
``(1) In general.--The Secretary shall ensure that there is
conducted an independent peer review of the scientific research
findings that are the basis for each new stock assessment used
to develop a fishery management plan, significant substantive
amendment to such a plan, or other significant substantive
fishery management action under this Act.
``(2) Reviewers.--The persons conducting review under this
subsection--
``(A) shall include one or more individuals who are
not officials or employees of the Federal Government;
and
``(B) may include persons who are employed in the
fishing industry.
``(3) Consideration of recommendations.--A review under
this subsection shall consider the recommendations of any
scientific review committee established under section 302(g)(6)
with respect to the fishery that is the subject of the matter
under review.
``(4) Treatment of findings.--The findings of any
independent peer review conducted under this paragraph shall be
included in any relevant documents that are made available to
the public with respect to the matter that is reviewed.
``(5) Waiver of requirements.--
``(A) General authority.--The Secretary shall issue
regulations under which the Secretary may waive any of
the independent peer review requirements under this
subsection if--
``(i) the Secretary determines that--
``(I) there is an emergency (as
described in the regulations);
``(II) completion of the peer
review process has been unreasonably
delayed; or
``(III) the time required to
complete the review could compromise
fishermen's safety; or
``(ii) the Council having jurisdiction over
the fishery requests the waiver, in accordance
with a vote by the Council, and explains in
writing the reasons for requesting the waiver.
``(B) Notice and comment.--The Secretary shall--
``(i) provide notice of each waiver under
this paragraph to the Council having
jurisdiction over the fishery;
``(ii) publish the notice in the Federal
Register; and
``(iii) provide a 30-day period for the
submission by the public of comments on the
waiver.''.
(d) Cooperative Research and Independent Research.--Section 404
(16 U.S.C. 1881c) is further amended by adding at the end the
following:
``(e) Cooperative Research and Independent Research.--
``(1) Requirement for fishery management plans.--Each
fishery management plan that is prepared by a Council, or by
the Secretary, with respect to any fishery shall--
``(A) include provisions to create a cooperative
research component, including the use of fishing
vessels engaged in commercial fishing or charter
fishing, and the captains and crews of such vessels,
for the gathering of data on stock abundance,
composition, distribution, or other relevant
information for the implementation of the plan;
research on gear technology, bycatch reduction, and
safety; and oceanic, atmospheric, weather, and
environmental research that relates to fishery
management, in a manner that ensures there is no loss
of days at sea or other fishing allocation for
participants in the fishing industry individuals who
participate in such cooperative research; and
``(B) include provisions to create an independent
research component involving educational and research
institutions, other than institutions designated as
Member Institutions of the Fishery Research Network
established under subsection (f).
``(2) Authorization of appropriations.--In addition to the
other amounts authorized by this Act, for cooperative research
and independent research under provisions included in fishery
management plans under this subsection, there is authorized to
be appropriated to the Secretary $5,000,000 for each of fiscal
years 2007 through 2011.''.
(e) Establishment of Fishery Research Network.--Section 404 (16
U.S.C. 1881c) is further amended by adding at the end the following:
``(f) Fishery Research Network.--
``(1) Establishment.--The Secretary shall establish the
Federal Fishery Research Network.
``(2) Composition.--The Network shall be composed of non-
governmental educational or research institutions that have
significant fishery research expertise and that are designated
by the Secretary under this subsection (in this subsection
referred to as a `Member Institutions'). The Secretary shall
designate 3 Member Institutions with respect to each Council.
Each Member Institution must be located in a State that is
represented on the Council with respect to which the Member
Institution is designated, or in a State that borders such a
represented State.
``(3) Research role of member institutions.--The Secretary
shall ensure that each Member Institution plays a continuing
role in--
``(A) gathering data for use in implementing this
Act;
``(B) advising the Council with respect to which it
is appointed and the Secretary;
``(C) performing peer review under this Act; and
``(D) otherwise assisting with and conducting
ongoing research on fishery management issues affecting
the area in which the Member Institution is located,
including--
``(i) the economic and social impacts of
fishery management proposals;
``(ii) analysis of the impacts of fishery
management proposals on fishing safety; and
``(iii) ways of improving safety within the
fishing industry.
``(4) Consultation with member institutions.--The Secretary
and each Council shall--
``(A) consult with the relevant Member Institutions
regarding fishery management plans and amendments to
such plans that affect the area in which the Member
Institutions are located; and
``(B) provide to Member Institutions appropriate
data regarding such plans and amendments.
``(5) Responsibilities of member institutions.--The
Secretary shall require each Member Institution to submit to
the Secretary and the Council with respect to which it is
designated an analysis of each fishery management plan, and
each significant amendment to such a plan, that affects the
area in which the Member Institution is located.
``(6) Authorization of appropriations.--In addition to the
other amounts authorized by this Act, to carry out this
subsection there is authorized to be appropriated to the
Secretary $15,000,000 for each of fiscal years 2007 through
2011.''.
(f) Fisheries Management Research Grants.--Section 404 (16 U.S.C.
1881c) is further amended by adding at the end the following:
``(g) Fisheries Management Research Grants.--
``(1) In general.--The Secretary shall award grants for
research to acquire the knowledge and information referred to
in subsection (a).
``(2) Eligibility for grants.--To be eligible for a grant
under this subsection a person must be--
``(A) a participant in a fishery administered under
this Act that is the subject of the research to be
carried out with the grant;
``(B) an educational or scientific institution;
``(C) a non-profit organization; or
``(D) a State or municipal government.
``(3) Grant procedures.--
``(A) In general.--The Secretary shall award grants
under this subsection on a competitive basis.
``(B) Consultative role of councils.--The Secretary
shall consult with each Council on, and each Council
shall make recommendations on, possible research topics
to be funded by grants under this subsection.
``(4) Ensuring research regarding economic and social
aspects, and safety.--The Secretary shall establish by
regulation a formula or system for allocating the funds
available to carry out this section that ensures that a
reasonable percentage of such funds is used for grants for
research regarding the economic and social aspects of fishery
management and for research regarding fishing safety.
``(5) Authorization of appropriations.--In addition to the
other amounts authorized to carry out this Act, for grants
under this subsection there is authorized to be appropriated to
the Secretary $5,000,000 for each of fiscal years 2007 through
2011.''.
SEC. 6. FISHING SAFETY.
(a) Rule of Construction for National Standard (10).--Section 301
(16 U.S.C. 1851) is further amended by adding at the end the following:
``(d) Rule of Construction Regarding National Standard (10).--
Paragraph (10) of subsection (a) shall be construed to be of equal
importance as the other paragraphs of subsection (a). The Secretary
shall ensure that paragraph (10) of subsection (a)--
``(1) is applied to the same extent as the other paragraphs
of subsection (a); and
``(2) is given consideration that is substantially the same
as the consideration given to the other paragraphs of
subsection (a), with respect to all fishery management plans,
decisions, and actions under this Act.''.
(b) Required Provisions of Fishery Management Plans.--Section
303(a) (16 U.S.C. 1853(a)) is amended--
(1) in paragraph (9) by striking ``and'' after the
semicolon at the end of subparagraph (A), by striking the
period at the end of subparagraph (B) and inserting ``; and'',
and by adding at the end the following:
``(C) the safety of human life at sea, with a
specific focus on whether and to what extent such
measures may affect the safety of participants in the
fishery.''; and
(2) by striking ``; and'' after the semicolon at the end of
paragraph (12), by striking the period at the end of paragraph
(13) and inserting ``; and'', and by adding at the end the
following:
``(14) to the extent practicable ensure that management
measures, including restricted area and broken trip
requirements, minimize the extent to which participants in the
fishery are likely, in order to avoid a loss of harvest
allocation or other financial loss, to continue fishing in
unsafe circumstances, including when--
``(A) operating during severe weather conditions;
``(B) a crewmember has an injury or illness that
significantly affects the crewmember's ability to
assist in the safe operation of the vessel; or
``(C) important safety equipment on the vessel is
defective or inoperable.''.
(c) Safety Instruction and Drills.--Not later than 6 months after
the date of the enactment of this Act, the Commandant of the Coast
Guard shall amend part 28.270 of title 46, Code of Federal Regulations,
to require that the operator of each fishing vessel that is subject to
that part maintain and make available for inspection by any Federal
officer or employee authorized to enforce this Act a written record of
safety instruction and emergency drills that are required to be
performed under that part, that includes for each drill the following
information:
(1) The date of the drill.
(2) The elapsed time of the drill.
(3) The activities conducted during the drill.
(4) The name of the person who led the drill.
(5) The name of each crewmember who participated in the
drill.
(d) Stability and Watertight Integrity Standards.--Not later than
one year after the date of the enactment of this Act, the Commandant of
the Coast Guard shall amend subpart E of part 28 of title 46, Code of
Federal Regulations, to apply to fishing vessels that are between 50
feet in length and 79 feet in length the stability and watertight
integrity standards that apply to vessels greater than 79 feet in
length.
(e) Grant Program.--
(1) Authorization of grants.--Title III (16 U.S.C. 1851 et
seq.) is further amended by adding at the end the following:
``SEC. 316. FISHING VESSEL SAFETY GRANTS.
``(a) Grants Authorized.--The Secretary shall establish a program
for providing grants to municipalities, port authorities, other
appropriate public entities, qualified non-profits, and other persons--
``(1) to conduct fishing vessel safety training and
instruction sessions (in addition to those otherwise required
under Federal law or regulations); and
``(2) for purchase of safety equipment for use in safety
training sessions or for use on fishing vessels.
``(b) Competitive Basis; Consultation.--The Secretary shall award
grants under this subsection--
``(1) on a competitive basis; and
``(2) in consultation with, and based on recommendations
of, the Councils.
``(c) Cost Sharing.--The Federal share of the cost of any activity
carried out with a grant under this section shall not exceed 75
percent.
``(d) Language Requirement.--The Secretary shall require that
training and instruction carried out with a grant under this section
shall be made available in languages other than English, as appropriate
for the fishing port in which the training or instruction is offered.
``(e) Data Base.--
``(1) In general.--The Secretary shall establish a publicly
accessible electronic data base that lists the names of
individuals who have participated in training sessions carried
out with assistance under this section.
``(2) Retraining requirement.--The Secretary shall require,
as a condition of including the name of an individual in such
database for any period longer than 18 months, that the
individual complete retraining.
``(f) Authorization of Appropriations.--In addition to the other
amounts authorized by this Act, for grants under this section there is
authorized to be appropriated to the Secretary $3,000,000 for each of
fiscal years 2007 through 2011.''.
(2) Clerical amendment.--The table of contents in the first
section is further amended by inserting after the item relating
to section 315 the following:
``Sec. 316. Fishing vessel safety grants.''.
SEC. 7. BYCATCH.
(a) Retention of Bycatch for Charitable Purposes.--Section 303 (16
U.S.C. 1853) is amended--
(1) in subsection (b) by striking ``and'' after the
semicolon at the end of paragraph (11), by striking the period
at the end of paragraph (12) and inserting ``; and'', and by
adding at the end the following:
``(13) allow the retention and donation or sale for
charitable purposes, subject to the requirements established
under subsection (e)(2), of dead bycatch that cannot otherwise
be avoided under terms that ensure that such retention and
donation do not allow the evasion of vessel trip limits or
other conservation and management measures.''; and
(2) by adding at the end the following:
``(e) Retention of Bycatch for Charitable Purposes.--
``(1) Regulations.--The Secretary shall issue regulations
that establish requirements for the retention of bycatch for
charitable purposes pursuant to subsection (b)(13).
``(2) Requirements.--Regulations under this subsection
shall require that--
``(A) the total amount of bycatch retained pursuant
to subsection (b)(13) on a voyage shall not exceed a
percentage of the total weight of the total authorized
catch for that voyage of the target species, that shall
be established by the Secretary and shall not exceed 20
percent of such total weight;
``(B) the proceeds of any sale of bycatch shall be
donated to charitable organizations that provide
economic assistance, job training, health care, or
other assistance to individuals involved in the fishing
industry and their families, who reside in fishing
communities located--
``(i) in the area where the vessel that
harvested the bycatch is based; or
``(ii) in the area where the bycatch was
harvested; and
``(C) in making such donations, preference shall be
given to organizations that assist individuals who have
become unemployed or experienced significant negative
economic impacts because of fishery management actions
by the Federal Government.
``(3) Prevention of conflicts of interest.--Regulations
under this subsection shall include provisions to prevent
conflicts of interest, including prohibiting a person from
retaining bycatch to directly benefit any charitable
organization--
``(A) from which the person derives a direct,
personal benefit; or
``(B) over which the person exercises any control
with respect to the activities of the organization or
its provision of benefits.''.
(b) Study.--
(1) In general.--The Secretary shall conduct a study of the
utility and feasibility of establishing a bycatch exchange
program comprised of a system--
(A) under which fishermen may--
(i) retain bycatch in order to minimize
discard of fish; and
(ii) trade or exchange credits based on the
retained bycatch, with other fishermen who are
involved in the directed fishery in which the
bycatch is harvested; and
(B) that prevents the evasion of trip limits, total
allowable catch levels, or other conservation and
management measures.
(2) Report.--The Secretary shall submit a report to the
Congress within two years after the date of the enactment of
this Act on the results and recommendations of the study.
SEC. 8. CAPACITY REDUCTION.
(a) Use of Proceeds of Fishing Capacity Reduction Programs.--
Section 312(b) (16 U.S.C. 1861a) is amended by adding at the end the
following:
``(5) Programs for assisting affected individuals.--
``(A) In general.--A fishing capacity reduction
program shall, in accordance with regulations issued by
the Secretary and subject to the availability of
appropriations, include the provision of financial
assistance for programs providing economic assistance,
job training, and health insurance to crew members and
other individuals employed in the fishing industry or
in shoreside businesses that have substantial
involvement in the fishing industry, with an emphasis
on such crew members and individuals who experience job
loss or other significant negative economic impacts
because of a decline in employment opportunities as a
result of the program.
``(B) Regulations; formulas.--The Secretary shall
issue regulations governing the provision of assistance
under this paragraph, including formulas for
calculating the amount of assistance provided with
respect to a fishing capacity reduction program.
``(C) Allocation of funds.--Of the total amount of
funds obligated or expended under this subsection for a
fishing capacity reduction program, the Secretary shall
use to carry out this paragraph a percentage that the
Secretary determines is sufficient to ensure the
availability of a reasonable level of assistance for
individuals involved in the fishing industry who
experience job loss or other significant negative
economic impacts because of a decline in employment
opportunities as a result of the program.
``(D) Regulations.--The Secretary shall issue
regulations that to the extent practicable fairly
distribute funds used under subparagraph (C), taking
into account local and regional economies, fishing
communities, participants in the fishery, boat sizes
and gear types, and employment history in the
fishery.''.
(b) Vessel Buybacks.--Section 312(b) (16 U.S.C. 1861a(b)) is
amended by adding at the end the following:
``(5)(A) The Secretary shall ensure for each vessel buyback
program, that a specific percentage of the funds made available
under this section are used for retirement of vessels that were
active in the affected fishery, but no longer comply with
relevant safety standards as a result of the application, under
the Fishery Management Amendments of 2005, of the stability and
watertight integrity standards of subpart E of part 28 of title
46, Code of Federal Regulations, to fishing vessels that are
between 50 feet and 79 feet in length.
``(B) The Secretary shall issue regulations for each vessel
buyback program that establish the percentage referred to in
subparagraph (A) and procedures and requirements for
implementing subparagraph (A).''.
SEC. 9. INDIVIDUAL FISHING QUOTAS.
(a) Holding of Quota by Fish Processor.--Section 303(d)(5) (16
U.S.C. 1853(d)(5)) is amended by striking ``and'' after the semicolon
at the end of subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting a semicolon, and by adding at the end
the following:
``(D) requires as a condition of eligibility for
individual fishing quotas that persons, other than
entry-level fishermen, must demonstrate a present or
historic participation in harvesting activity in the
fishery; and
``(E) takes into account the level of present or
historic participation in harvesting activity in the
fishery in determining allocation of quotas.''.
(b) Citizenship of Holders of Quotas.--Section 303(d) (16 U.S.C.
1853(d)) is further amended by adding at the end the following:
``(7) citizenship of holders of quotas.--A person is
eligible to be issued an individual fishing quota only if--
``(A) the person--
``(i) is a United States citizen; or
``(ii) is an alien lawfully admitted for
permanent residence in the United States; and
``(B) the individual quota system under which the
quota is issued is approved in a referendum conducted
in accordance with paragraph (8).''.
(c) Referendum Requirements.--Section 303(d) (16 U.S.C. 1853(d)) is
further amended by adding at the end the following:
``(8) Referendum requirements.--
``(A) In general.--A Council may not submit, and
the Secretary may not approve or implement, any fishery
management plan, plan amendment, or regulation under
this Act that creates an individual fishing quota
program, unless development of the plan, amendment, or
regulation is approved by a referendum conducted in
accordance with this paragraph.
``(B) Conduct by secretary.--The Secretary--
``(i) shall conduct each referendum
required under this paragraph; and
``(ii) shall conduct a referendum under
this paragraph upon the request of a Council.
``(C) Vote requirement.--A fishery management plan,
plan amendment, or regulation referred to in
subparagraph (A) shall be approved in a referendum
required under this paragraph only by the affirmative
vote of two-thirds of the votes cast by persons who are
determined by the Council, based upon requirements
issued by the Secretary, to be eligible to vote in the
referendum.
``(D) Eligibility to vote.--The Secretary shall
issue requirements for procedures and voting
eligibility for referenda under this paragraph. The
requirements shall be designed to ensure that--
``(i) such referenda are conducted in a
fair and equitable manner;
``(ii) individuals who are permit holders
are eligible to vote; and
``(iii) crew members who make a significant
percentage of their income from the fishery
that would be subject to the proposed fishing
quota system, and a significant share of their
total income from fishing, are eligible to
vote.''.
(d) Limitation on Application to Existing Programs.--This section
and the amendments made by this section shall not apply with respect to
any individual fishing quota program established before the date of the
enactment of this Act.
SEC. 10. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
(a) Plans Deemed to Comply With NEPA.--
(1) In general.--Title III is amended by adding at the end
following:
``SEC. 315. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
``Any fishery management plan, amendment to such a plan, or
regulation implementing such a plan that is prepared in accordance with
applicable provisions of sections 303 and 304 is deemed to have been
prepared in compliance with the requirements of section 102(2)(C) of
the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).''.
(2) Clerical amendment.--The table of contents in the first
section is amended by inserting after the item relating to
section 314 the following:
``Sec. 315. Compliance with National Environmental Policy Act of
1969.''.
(b) Required Fishery Management Plan Provision; Fishery Impact
Statement.--Section 303(a)(9) (16 U.S.C. 1853(a)(9)) is amended to read
as follows:
``(9) include a fishery impact statement for the plan or
amendment (in the case of a plan or amendment submitted to or
prepared by the Secretary after the date of the enactment of
the Fishery Management Amendments of 2006), that shall--
``(A) assess, specify, and describe the likely
effects, including the cumulative impacts, of the
conservation and management measures on--
``(i) the fisheries, participants in the
fisheries, and fishery communities affected by
the plan or amendment; and
``(ii) on participants in the fisheries
conducted in adjacent areas under the authority
of another Council, after consultation with
such Council and representatives of those
participants;
``(B) describe reasonable alternatives to the
measures that were considered by the Council;
``(C) assess, specify, and describe the likely
effects, including the cumulative impacts, of such
alternatives on the fisheries, participants in the
fisheries, and fishery communities that would be
affected by the alternatives; and
``(D) include the Council's evaluation of each such
alternative;''.
SEC. 11. GRANTS FOR CONSTRUCTION OR REPAIR OF WHARVES AND RELATED
FACILITIES.
(a) Authorization of Grants.--Title III (16 U.S.C. 1851 et seq.) is
further amended by adding at the end following:
``SEC. 317. GRANTS FOR CONSTRUCTION OR REPAIR OF WHARVES AND RELATED
FACILITIES.
``(a) In General.--The Secretary shall establish a program to award
grants to State governments, local governments, nonprofit
organizations, or fishing cooperatives to construct or improve wharves
or other facilities in coastal areas for use in the commercial fishing
industry.
``(b) Project Eligibility.--In determining whether to award a grant
under this section for a project, the Secretary shall consider--
``(1) the economic significance of the project to the
commercial fishing industry in the area in which the project
will be carried out; and
``(2) whether a business plan or a harbor development plan
exists for the area in which the project will be carried out,
and whether the project is consistent with such plan.
``(c) Cost Sharing.--
``(1) In general.--The amount of a grant awarded under this
section to carry out a project may not exceed 75 percent of the
total cost of a project.
``(2) Non-federal share.--The non-Federal share of the cost
of a project carried out with a grant under this section may be
provided in cash or in kind, including by a donation of land.
``(d) Regulations.--The Secretary shall issue regulations governing
grants under this section, including--
``(1) application requirements;
``(2) eligibility standards;
``(3) procedures for ensuring that projects are not
converted to uses that are inconsistent with the purposes for
which a grant is awarded; and
``(4) allowable administrative costs.
``(e) Authorization of Appropriations.--In addition to the other
amounts authorized by this Act, for grants under this section there is
authorized to be appropriated to the Secretary $10,000,000 for each of
fiscal years 2007 through 2011.''.
(b) Clerical Amendment.--The table of contents in the first section
is further amended by inserting after the item relating to section 316
the following:
``Sec. 317. Grants for construction or repair of wharves and related
facilities.''.
SEC. 12. FISHERY SCIENCE EDUCATION PROGRAM.
(a) In General.--The Secretary of Commerce shall establish the
Fishery Science Education Program, which shall consist of--
(1) the Centers for Fishery Science Excellence Program
established under subsection (c); and
(2) the Fishery Science Scholars Program established under
subsection (d).
(b) Program Purpose.--The purpose of the Fishery Science Education
Program is to facilitate an increase in the number of persons with
post-baccalaureate degrees in subjects related to fishery science,
including fishery oceanography, fishery ecology, and fishery
anthropology, who have the ability, upon completion of their post-
baccalaureate degrees, to conduct high quality scientific research in
fishery stock assessment, fishery population dynamics, and related
fields, for government, non-profit, and private sector entities.
(c) Centers for Fishery Science Excellence Program.--
(1) In general.--The Secretary shall establish the Centers
for Fishery Science Excellence Program, under which--
(A) such Centers shall be established in accordance
with this subsection at institutions of higher
education in States that are within Fishery Management
Council regions; and
(B) at least one such Center shall be established
in each Fishery Management Council region.
(2) Purpose.--The purpose of the program is to promote the
development of high quality post-baccalaureate level programs
in subjects referred to in subsection (b) at institutions of
higher education.
(3) Eligibility.--An institution shall be eligible to
participate in the program if--
(A) the institution is an institution of higher
education that demonstrates a strong, ongoing
commitment to high quality education in subjects
referred to in subsection (b), including the granting
of post-baccalaureate degrees in such fields; and
(B) the institution agrees to the establishment at
the institution of a Center for Fishery Science
Excellence, and to conduct the actions described in
paragraph (4) and other actions the Secretary may
prescribe by regulation as conditions for participation
in the program.
(4) Conditions for participation.--The Secretary shall
require that each participating institution shall--
(A) designate one or more faculty members to manage
its Center for Fishery Science Excellence;
(B) develop strategies for recruiting qualified
students to participate in the program at such
institution; and
(C) ensure that the courses of study pursued by
participating students include a significant emphasis
on subjects referred to in subsection (b).
(5) Application.--Each institution desiring to participate
in the Program under this subsection shall submit an
application to the Secretary at such time, in such manner, and
containing such information and assurances as the Secretary may
require. If an institution's application is approved, such
institution shall be considered a participating institution for
purposes of this subsection.
(6) Grants for institutions.--
(A) Grant authority.--The Secretary shall award
competitive grants--
(i) to participating institutions to assist
such institutions in program development,
faculty development and training, participation
in, or hosting, of conferences, or purchase of
laboratory and research equipment; or
(ii) to institutions that are not
participating institutions to assist such
institutions in improving their existing post-
baccalaureate programs in the subjects referred
to in subsection (b) to a level that increases
the likelihood of such institutions being
eligible for future participation in the
program.
(B) Match requirement.--Any institution receiving a
grant under this paragraph shall be required to provide
matching funds from non-Federal sources equal to 25
percent of the total cost of the activities that are
funded by the grant.
(C) Limitations.--Funds provided as a grant under
this paragraph shall not be used for construction or
for the payment of salaries, except that the Secretary
may prescribe by regulation an allowable percentage of
grant funds that may be used for payments to employees
of a participating institution for administration of
the program.
(D) Applications.--Any institution of higher
education that desires to apply for a grant under this
paragraph shall prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require.
(d) Fishery Science Scholars Program.--
(1) In general.--The Secretary shall establish the Fishery
Science Scholars Program.
(2) Purpose.--The purpose of the program is to expand the
post-baccalaureate educational opportunities available to
students who desire to pursue careers as government, private
sector, or nonprofit research scientists in the subjects
referred to in subsection (b).
(3) Limitation on participation.--A maximum of 25 students
per year shall be eligible to begin participation in the
program, and no student shall be eligible to participate for
more than 3 years.
(4) Eligibility.--
(A) In general.--To be eligible to participate in
the program, a student must be admitted to a
participating institution in a course of study that--
(i) leads to a post-baccalaureate degree in
one of the subjects referred to in subsection
(b); and
(ii) includes significant emphasis on
subjects referred to in subsection (b).
(B) Remaining eligible.--In order to remain
eligible to participate in the program, a student must
maintain an acceptable level of academic standing, and
demonstrate sufficient progress toward completing the
post-baccalaureate studies and receiving a post-
baccalaureate degree.
(5) Stipends.--Each participating student shall receive a
stipend in the amount of $20,000 annually, contingent upon--
(A) remaining a student in good standing who is
making satisfactory progress toward completing a course
of post-baccalaureate studies described in paragraph
(3)(A), and
(B) receiving a post-baccalaureate degree.
(6) Applications.--A student who has been admitted to a
participating institution to pursue a course of study leading
to a post-baccalaureate degree as described in paragraph
(3)(A), and who desires to participate in the Fishery Science
Scholars Program, shall prepare and submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(e) Regulations.--The Secretary shall issue such regulations as may
be necessary to administer the Fishery Science Education Program,
including--
(1) application procedures for students to apply for
participation in the program and for stipends;
(2) application procedures for institutions to apply for
participating status, and for grants;
(3) methods for assessing programs at institutions for the
purpose of determining eligibility;
(4) a system of regular reviews of the programs at each
school to ensure that the purposes of the program are being
met;
(5) establishing an allowable level of administrative costs
for the participating institutions;
(6) establishing allowable administrative expenditures for
the management of the program by the Secretary;
(7) provisions for revoking participating institution
status; and
(8) provisions for revoking participation in the program by
individuals, including revocation of stipends.
(f) Institution of Higher Education Defined.--In this section, the
term ``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
(g) Authorization of Appropriations.--To carry out this section
there are authorized to be appropriated to the Secretary--
(1) $1,000,000 for fiscal year 2006;
(2) $2,000,000 for fiscal year 2007; and
(3) $3,000,000 for fiscal year 2008 and each fiscal year
thereafter.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--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 for the
purposes of carrying out this Act (other than any provision for which
amounts are otherwise specifically authorized) such sums as are
necessary for each of fiscal years 2007 through 2011.''.
(b) Clerical Amendment.--The table of contents in the first section
is amended by inserting after the item relating to section 3 the
following:
``Sec. 4. Authorization of appropriations.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Executive Comment Requested from Commerce.
Committee Hearings Held.
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