[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Pages S3604-S3614]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 625. Mr. WICKER (for himself and Ms. Cantwell) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
Strike title XXXV and insert the following:
TITLE XXXV--MARITIME ADMINISTRATION
SEC. 3501. SHORT TITLE.
This title may be cited as the ``Maritime Administration
Authorization and Enhancement Act of 2019''.
Subtitle A--Maritime Administration
SEC. 3511. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
(a) In General.--There are authorized to be appropriated to
the Department of Transportation for fiscal year 2020, to be
available without fiscal year limitation if so provided in
appropriations Acts, for programs associated with maintaining
the United States Merchant Marine, the following amounts:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $95,944,000, of which--
(A) $77,944,000 shall remain available until September 30,
2021 for Academy operations; and
(B) $18,000,000 shall remain available until expended for
capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $50,280,000, of which--
(A) $2,400,000 shall remain available until September 30,
2021, for the Student Incentive Program;
(B) $6,000,000 shall remain available until expended for
direct payments to such academies;
(C) $30,080,000 shall remain available until expended for
maintenance and repair of State maritime academy training
vessels;
(D) $3,800,000 shall remain available until expended for
training ship fuel assistance; and
(E) $8,000,000 shall remain available until expended for
offsetting the costs of training ship sharing.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $600,000,000, which shall
remain available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $60,442,000, of which
$5,000,000 shall remain available until expended for
activities authorized under section 50307 of title 46, United
States Code.
[[Page S3605]]
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $5,000,000, which shall
remain available until expended.
(6) For expenses necessary to maintain and preserve a
United States flag Merchant Marine to serve the national
security needs of the United States under chapter 531 of
title 46, United States Code, $300,000,000, which shall
remain available until expended.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be used for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5)) of loan guarantees under the program, which
shall remain available until expended; and
(B) $3,000,000 may be used for administrative expenses
relating to loan guarantee commitments under the program.
(8) For expenses necessary to provide assistance to small
shipyards and for maritime training programs under section
54101 of title 46, United States Code, $40,000,000, which
shall remain available until expended.
(9) For expenses necessary to implement the Port and
Intermodal Improvement Program, $600,000,000, except that no
funds shall be used for a grant award to purchase fully
automated cargo handling equipment that is remotely operated
or remotely monitored with or without the exercise of human
intervention or control, if the Secretary determines such
equipment would result in a net loss of jobs that relate to
the movement of goods through a port and its intermodal
connections.
SEC. 3512. MARITIME SECURITY PROGRAM.
(a) Award of Operating Agreements.--Section 53103 of title
46, United States Code, is amended by striking ``2025'' each
place it appears and inserting ``2035''.
(b) Effectiveness of Operating Agreements.--Section
53104(a) of title 46, United States Code, is amended by
striking ``2025'' and inserting ``2035''.
(c) Payments.--Section 53106(a)(1) of title 46, United
States Code, is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon;
(2) in subparagraph (C), by striking ``$3,700,000 for each
of fiscal years 2022, 2023, 2024, and 2025.'' and inserting
``$5,233,463 for each of fiscal years 2022, 2023, 2024, and
2025; and''; and
(3) by adding at the end the following:
``(D) $5,233,463 for each of fiscal years 2026 through
2035.''.
(d) Authorization of Appropriations.--Section 53111 of
title 46, United States Code, is amended--
(1) in paragraph (2), by striking ``and'' after the
semicolon;
(2) in paragraph (3), by striking ``$222,000,000 for each
fiscal year thereafter through fiscal year 2025.'' and
inserting ``$314,007,780 for each of fiscal years 2022, 2023,
2024, and 2025; and''; and
(3) by adding at the end the following:
``(4) $314,007,780 for each of fiscal years 2026 through
2035.''.
SEC. 3513. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL
REPORT.
The Inspector General of the Department of Transportation
shall--
(1) not later than 180 days after the date of enactment of
this title, initiate an audit of the Maritime
Administration's actions to address only those
recommendations from Chapter 3 and recommendations 5-1, 5-2,
5-3, 5-4, 5-5, and 5-6 identified by a National Academy of
Public Administration panel in the November 2017 report
entitled ``Maritime Administration: Defining its Mission,
Aligning its Programs, and Meeting its Objectives''; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing the results of that audit
once the audit is completed.
SEC. 3514. APPOINTMENT OF CANDIDATES ATTENDING SPONSORED
PREPARATORY SCHOOL.
Section 51303 of title 46, United State Code, is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Appointment of Candidates Selected for Preparatory
School Sponsorship.--The Secretary of Transportation may
appoint each year as cadets at the United States Merchant
Marine Academy not more than 40 qualified individuals
sponsored by the Academy to attend preparatory school during
the academic year prior to entrance in the Academy, and who
have successfully met the terms and conditions of sponsorship
set by the Academy.''.
SEC. 3515. INDEPENDENT STUDY ON THE UNITED STATES MERCHANT
MARINE ACADEMY.
(a) In General.--Not later than 180 days after the date of
enactment of this title, the Secretary of Transportation
shall seek to enter into an agreement with the National
Academy of Public Administration (referred to in this section
as the ``Academy'') to carry out the activities described in
this section.
(b) Study Elements.--In accordance with the agreement
described in subsection (a), the Academy shall conduct a
study of the United States Merchant Marine Academy that
consists of the following:
(1) A comprehensive assessment of the United States
Merchant Marine Academy's systems, training, facilities,
infrastructure, information technology, and stakeholder
engagement.
(2) Identification of needs and opportunities for
modernization to help the United States Merchant Marine
Academy keep pace with more modern campuses.
(3) Development of an action plan for the United States
Merchant Marine Academy with specific recommendations for--
(A) improvements or updates relating to the opportunities
described in paragraph (2); and
(B) systemic changes needed to help the United States
Merchant Marine Academy achieve its mission of inspiring and
educating the next generation of the mariner workforce on a
long-term basis.
(c) Deadline and Report.--Not later than 1 year after the
date of the agreement described in subsection (a), the
Academy shall prepare and submit to the Administrator of the
Maritime Administration a report containing the action plan
described in subsection (b)(3), including specific findings
and recommendations.
SEC. 3516. GENERAL SUPPORT PROGRAM.
Section 51501 of title 46, United States Code, is amended
by adding at the end the following:
``(c) National Maritime Centers of Excellence.--The
Secretary shall designate each State maritime academy as a
National Maritime Center of Excellence.''.
SEC. 3517. MILITARY TO MARINER.
(a) Credentialing Support.--Not later than 1 year after the
date of enactment of this title, the Secretary of Defense,
the Secretary of the Department in which the Coast Guard
operates, the Secretary of Commerce, and the Secretary of
Health and Human Services, with respect to the applicable
services in their respective departments, and in coordination
with one another and with the United States Committee on the
Marine Transportation System, and in consultation with the
Merchant Marine Personnel Advisory Committee, shall,
consistent with applicable law, identify all training and
experience within the applicable service that may qualify for
merchant mariner credentialing, and submit a list of all
identified training and experience to the United States Coast
Guard National Maritime Center for a determination of whether
such training and experience counts for credentialing
purposes.
(b) Review of Applicable Service.--The United States Coast
Guard Commandant shall make a determination of whether
training and experience counts for credentialing purposes, as
described in subsection (a), not later than 6 months after
the date on which the United States Coast Guard National
Maritime Center receives a submission under subsection (a)
identifying a training or experience and requesting such a
determination.
(c) Fees and Services.--The Secretary of Defense, the
Secretary of the Department in which the Coast Guard
operates, and the Secretary of Commerce, with respect to the
applicable services in their respective departments, shall--
(1) take all necessary and appropriate actions to provide
for the waiver of fees through the National Maritime Center
license evaluation, issuance, and examination for members of
the uniformed services on active duty, if a waiver is
authorized and appropriate, and, if a waiver is not granted,
take all necessary and appropriate actions to provide for the
payment of fees for members of the uniformed services on
active duty by the applicable service to the fullest extent
permitted by law;
(2) direct the applicable services to take all necessary
and appropriate actions to provide for Transportation Worker
Identification Credential cards for members of the uniformed
services on active duty pursuing or possessing a mariner
credential, such as implementation of an equal exchange
process for active duty service members at no or minimal
cost;
(3) ensure that members of the applicable services who are
to be discharged or released from active duty and who request
certification or verification of sea service be provided such
certification or verification no later than one month after
discharge or release;
(4) ensure the applicable services have developed, or
continue to operate, as appropriate, the online resource
known as Credentialing Opportunities On-Line to support
separating members of the uniformed services who are seeking
information and assistance on merchant mariner credentialing;
and
(5) not later than 1 year after the date of enactment of
this section, take all necessary and appropriate actions to
review and implement service-related medical certifications
to merchant mariner credential requirements.
(d) Advancing Military to Mariner Within the Employer
Agencies.--
(1) In general.--The Secretary of Defense, the Secretary of
the Department in which the Coast Guard operates, the
Secretary of Commerce, and the Secretary of Health and Human
Services shall have direct hiring authority to employ
separated members of the uniformed services with valid
merchant mariner licenses or sea service experience in
support of United States national maritime needs, including
the Army Corps of Engineers, U.S. Customs and Border
Protection, and the National Oceanic and Atmospheric
Administration.
[[Page S3606]]
(2) Appointments of retired members of the armed forces.--
Except in the case of positions in the Senior Executive
Service, the requirements of section 3326(b) of title 5,
United States Code, shall not apply with respect to the
hiring of a separated member of the uniformed services under
paragraph (1).
(e) Separated Member of the Uniformed Services.--In this
section, the term ``separated member of the uniformed
services'' means an individual who--
(1) is retiring or is retired as a member of the uniformed
services;
(2) is voluntarily separating or voluntarily separated from
the uniformed services at the end of enlistment or service
obligation; or
(3) is administratively separating or has administratively
separated from the uniformed services with an honorable or
general discharge characterization.
SEC. 3518. SALVAGE RECOVERIES OF FEDERALLY OWNED CARGOES.
Section 57100 of title 46, United States Code, is amended
by adding at the end the following:
``(h) Funds Transfer Authority Related to the Use of
National Defense Reserve Fleet Vessels and the Provision of
Maritime-related Services.--
``(1) In general.--When the Secretary of Transportation
provides for the use of its vessels or maritime-related
services and goods under a reimbursable agreement with a
Federal entity, or State or local entity, authorized to
receive goods and services from the Maritime Administration
for programs, projects, activities, and expenses related to
the National Defense Reserve Fleet or maritime-related
services:
``(A) Federal entities are authorized to transfer funds to
the Secretary in advance of expenditure or upon providing the
goods or services ordered, as determined by the Secretary.
``(B) The Secretary shall determine all other terms and
conditions under which such payments should be made and
provide such goods and services using its existing or new
contracts, including general agency agreements, memoranda of
understanding, or similar agreements.
``(2) Reimbursable agreement with a federal entity.--
``(A) In general.--The Maritime Administration is
authorized to provide maritime-related services and goods
under a reimbursable agreement with a Federal entity.
``(B) Maritime-related services defined.--For the purposes
of this subsection, maritime-related services includes the
acquisition, procurement, operation, maintenance,
preservation, sale, lease, charter, construction,
reconstruction, or reconditioning (including outfitting and
equipping incidental to construction, reconstruction, or
reconditioning) of a merchant vessel or shipyard, ship site,
terminal, pier, dock, warehouse, or other installation
related to the maritime operations of a Federal entity.
``(3) Salvaging cargoes.--
``(A) In general.--The Maritime Administration may provide
services and purchase goods relating to the salvaging of
cargoes aboard vessels in the custody or control of the
Maritime Administration or its predecessor agencies and
receive and retain reimbursement from Federal entities for
all such costs as it may incur.
``(B) Reimbursement.--Reimbursement as provided for in
subparagraph (A) may come from--
``(i) the proceeds recovered from such salvage; or
``(ii) the Federal entity for which the Maritime
Administration has or will provide such goods and services,
depending on the agreement of the parties involved.
``(4) Amounts received.--Amounts received as reimbursements
under this subsection shall be credited to the fund or
account that was used to cover the costs incurred by the
Secretary or, if the period of availability of obligations
for that appropriation has expired, to the appropriation of
funds that is currently available to the Secretary for
substantially the same purpose. 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.
``(5) Advance payments.--Payments made in advance shall be
for any part of the estimated cost as determined by the
Secretary of Transportation. Adjustments to the amounts paid
in advance shall be made as agreed to by the Secretary of
Transportation and the head of the ordering agency or unit
based on the actual cost of goods or services provided.
``(6) Bill or request for payment.--A bill submitted or a
request for payment is not subject to audit or certification
in advance of payment.''.
SEC. 3519. SALVAGE RECOVERIES FOR SUBROGATED OWNERSHIP OF
VESSELS AND CARGOES.
Section 53909 of title 46, United States Code, is amended
by adding at the end the following:
``(e) Salvage Agreements.--The Secretary of Transportation
is authorized to enter into marine salvage agreements for the
recoveries, sale, and disposal of sunken or damaged vessels,
cargoes, or properties owned or insured by or on behalf of
the Maritime Administration, the United States Shipping
Board, the U.S. Shipping Bureau, the United States Maritime
Commission, or the War Shipping Administration.
``(f) Military Craft.--The Secretary of Transportation
shall consult with the Secretary of the military department
concerned prior to engaging in or authorizing any activity
under subsection (e) that will disturb sunken military craft,
as defined in title XIV of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (10 U.S.C. 113
note).
``(g) Recoveries.--Notwithstanding other provisions of law,
the net proceeds from salvage agreements entered into as
authorized in subsection (e) shall remain available until
expended and be distributed as follows for marine insurance-
related salvages:
``(1) Fifty percent of the net funds recovered shall be
deposited in the war risk revolving fund and shall be
available for the purposes of the war risk revolving fund.
``(2) Fifty percent of the net funds recovered shall be
deposited in the Vessel Operations Revolving Fund as
established by section 50301(a) of this title and shall be
available until expended as follows:
``(A) Fifty percent shall be available to the Administrator
of the Maritime Administration for such acquisition,
maintenance, repair, reconditioning, or improvement of
vessels in the National Defense Reserve Fleet as is
authorized under other Federal law.
``(B) Twenty-five percent shall be available to the
Administrator of the Maritime Administration for the payment
or reimbursement of expenses incurred by or on behalf of
State maritime academies or the United States Merchant Marine
Academy for facility and training ship maintenance, repair,
and modernization, and for the purchase of simulators and
fuel.
``(C) The remainder shall be distributed for maritime
heritage preservation to the Department of the Interior for
grants as authorized by section 308703 of title 54.''.
SEC. 3520. PORT OPERATIONS, RESEARCH, AND TECHNOLOGY.
(a) Short Title.--This section may be cited as the ``Ports
Improvement Act''.
(b) Port and Intermodal Improvement Program.--Section 50302
of title 46, United States Code, is amended by striking
subsection (c) and inserting the following:
``(c) Port and Intermodal Improvement Program.--
``(1) General authority.--Subject to the availability of
appropriations, the Secretary of Transportation shall make
grants, on a competitive basis, to eligible applicants to
assist in funding eligible projects for the purpose of
improving the safety, efficiency, or reliability of the
movement of goods through ports and intermodal connections to
ports.
``(2) Eligible applicant.--The Secretary may make a grant
under this subsection to the following:
``(A) A State.
``(B) A political subdivision of a State, or a local
government.
``(C) A public agency or publicly chartered authority
established by 1 or more States.
``(D) A special purpose district with a transportation
function.
``(E) An Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304), without regard to capitalization), or a
consortium of Indian Tribes.
``(F) A multistate or multijurisdictional group of entities
described in this subsection.
``(G) A lead entity described in subparagraph (A), (B),
(C), (D), (E), or (F) jointly with a private entity or group
of private entities.
``(3) Eligible projects.--The Secretary may make a grant
under this subsection--
``(A) for a project, or package of projects, that--
``(i) is either--
``(I) within the boundary of a port; or
``(II) outside the boundary of a port, but is directly
related to port operations or to an intermodal connection to
a port; and
``(ii) will be used to improve the safety, efficiency, or
reliability of--
``(I) the loading and unloading of goods at the port, such
as for marine terminal equipment;
``(II) the movement of goods into, out of, around, or
within a port, such as for highway or rail infrastructure,
intermodal facilities, freight intelligent transportation
systems, and digital infrastructure systems;
``(III) environmental mitigation measures and operational
improvements directly related to enhancing the efficiency of
ports and intermodal connections to ports; or
``(IV) the movement of vessels in and out of the port
facility by dredging a vessel berthing area, making other
improvements to a vessel berth, or performing construction or
maintenance dredging that is not part of a Federal channel;
or
``(B) notwithstanding paragraph (6)(A)(v), to provide
financial assistance to 1 or more projects under subparagraph
(A) for development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, permitting, and preliminary engineering and design
work.
``(4) Prohibited uses.--A grant award under this subsection
may not be used--
``(A) to finance or refinance the construction,
reconstruction, reconditioning, or purchase of a vessel that
is eligible for such assistance under chapter 537, unless the
Secretary determines such vessel--
``(i) is necessary for a project described in paragraph
(3)(A)(ii)(III) of this subsection; and
``(ii) is not receiving assistance under chapter 537; or
[[Page S3607]]
``(B) for any project within a small shipyard (as defined
in section 54101).
``(5) Applications and process.--
``(A) Applications.--To be eligible for a grant under this
subsection, an eligible applicant shall submit to the
Secretary an application in such form, at such time, and
containing such information as the Secretary considers
appropriate.
``(B) Solicitation process.--Not later than 60 days after
the date that amounts are made available for grants under
this subsection for a fiscal year, the Secretary shall
solicit grant applications for eligible projects in
accordance with this subsection.
``(6) Project selection criteria.--
``(A) In general.--The Secretary may select a project
described in paragraph (3) for funding under this subsection
if the Secretary determines that--
``(i) the project improves the safety, efficiency, or
reliability of the movement of goods through a port or
intermodal connection to a port;
``(ii) the project is cost effective;
``(iii) the eligible applicant has authority to carry out
the project;
``(iv) the eligible applicant has sufficient funding
available to meet the matching requirements under paragraph
(8);
``(v) the project will be completed without unreasonable
delay; and
``(vi) the project cannot be easily and efficiently
completed without Federal funding or financial assistance
available to the project sponsor.
``(B) Additional considerations.--In selecting projects
described in paragraph (3) for funding under this subsection,
the Secretary shall give substantial weight to--
``(i) the utilization of non-Federal contributions;
``(ii) the net benefits of the funds awarded under this
subsection, considering the cost-benefit analysis of the
project, as applicable; and
``(iii) the public benefits of the funds awarded under this
subsection.
``(C) Small projects.--The Secretary may waive the cost-
benefit analysis under subparagraph (A)(ii), and establish a
simplified, alternative basis for determining whether a
project is cost effective, for a small project described in
paragraph (7)(B).
``(D) Research harbors.--The Secretary may waive the
determination under subparagraph (A)(i) for a project in a
research harbor.
``(7) Allocation of funds.--
``(A) Geographic distribution.--Not more than 25 percent of
the amounts made available for grants under this subsection
for a fiscal year may be used to make grants for projects in
any 1 State.
``(B) Small projects.--The Secretary shall reserve 25
percent of the amounts made available for grants under this
subsection each fiscal year to make grants for eligible
projects described in paragraph (3)(A) that request the
lesser of--
``(i) 10 percent of the amounts made available for grants
under this subsection for a fiscal year; or
``(ii) $11,000,000.
``(C) Dredging projects.--Not more than 25 percent of the
amounts made available for grants under this subsection for a
fiscal year may be used to make grants for projects described
in paragraph (3)(A)(ii)(III).
``(D) Development phase activities.--Not more than 10
percent of the amounts made available for grants under this
subsection for a fiscal year may be used to make grants for
development phase activities under paragraph (3)(B).
``(E) Research harbors.--
``(i) In general.--Of the funds that may be used under
subparagraph (C), the Secretary shall consider reserving an
amount equal to not more than 5 percent of the amounts made
available for grants under this subsection to make grants for
projects described in paragraph (3)(A)(ii)(IV) for research
harbors.
``(ii) Applicants.--Notwithstanding paragraph (2), the
Secretary may allow entities not described in that paragraph
to be eligible applicants for grants under this subparagraph.
``(8) Federal share of total project costs.--
``(A) Total project costs.--To be eligible for a grant
under this subsection, an eligible applicant shall submit to
the Secretary an estimate of the total costs of a project
under this subsection based on the best available
information, including any available engineering studies,
studies of economic feasibility, environmental analyses, and
information on the expected use of equipment or facilities.
``(B) Federal share.--
``(i) In general.--Except as provided in clauses (ii) and
(iii), the Federal share of the total costs of a project
under this subsection shall not exceed 80 percent.
``(ii) Dredging projects.--The Federal share of the total
costs of a project described in paragraph (3)(A)(ii)(III)
shall not exceed 50 percent.
``(iii) Rural areas.--The Secretary may increase the
Federal share of costs above 80 percent for a project located
in a rural area.
``(9) Procedural safeguards.--The Secretary shall issue
guidelines to establish appropriate accounting, reporting,
and review procedures to ensure that--
``(A) grant funds are used for the purposes for which those
funds were made available;
``(B) each grantee properly accounts for all expenditures
of grant funds; and
``(C) grant funds not used for such purposes and amounts
not obligated or expended are returned.
``(10) Conditions.--
``(A) In general.--The Secretary shall require as a
condition of making a grant under this subsection that a
grantee--
``(i) maintain such records as the Secretary considers
necessary;
``(ii) make the records described in clause (i) available
for review and audit by the Secretary; and
``(iii) periodically report to the Secretary such
information as the Secretary considers necessary to assess
progress.
``(B) Labor.--The Federal wage rate requirements of
subchapter IV of chapter 31 of title 40 shall apply, in the
same manner as such requirements apply to contracts subject
to such subchapter, to--
``(i) each project for which a grant is provided under this
subsection; and
``(ii) all portions of a project described in clause (i),
regardless of whether such a portion is funded using--
``(I) other Federal funds; or
``(II) non-Federal funds.
``(11) Limitation on statutory construction.--Nothing in
this subsection shall be construed to affect existing
authorities to conduct port infrastructure programs in--
``(A) Hawaii, as authorized by section 9008 of the SAFETEA-
LU Act (Public Law 109-59; 119 Stat. 1926);
``(B) Alaska, as authorized by section 10205 of the
SAFETEA-LU Act (Public Law 109-59; 119 Stat. 1934); or
``(C) Guam, as authorized by section 3512 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (48 U.S.C. 1421r).
``(12) Reports.--The Secretary shall make available on the
website of the Department of Transportation at the end of
each fiscal year an annual report that lists each project for
which a grant has been provided under this subsection during
that fiscal year.
``(13) Administration.--
``(A) Administrative and oversight costs.--The Secretary
may retain not more than 2 percent of the amounts
appropriated for each fiscal year under this subsection for
the administrative and oversight costs incurred by the
Secretary to carry out this subsection.
``(B) Availability.--
``(i) In general.--Amounts appropriated for carrying out
this subsection shall remain available until expended.
``(ii) Unexpended funds.--Amounts awarded as a grant under
this subsection that are not expended by the grantee during
the 5-year period following the date of the award shall
remain available to the Secretary for use for grants under
this subsection in a subsequent fiscal year.
``(14) Definitions.--In this subsection:
``(A) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(i) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(ii) the Committee on Transportation and Infrastructure
of the House of Representatives.
``(B) Port.--The term `port' includes--
``(i) a seaport; and
``(ii) an inland waterways port.
``(C) Project.--The term `project' includes construction,
reconstruction, environmental rehabilitation, acquisition of
property, including land related to the project and
improvements to the land, equipment acquisition, and
operational improvements.
``(D) Research harbor.--The term `research harbor' includes
a harbor that supports or will support a federally owned
vessel operated by a State maritime academy (as defined in
section 51102 of this title) or a non-Federal oceanographic
research facility.
``(E) Rural area.--The term `rural area' means an area that
is outside an urbanized area.
``(d) Additional Authority of the Secretary.--In carrying
out this section, the Secretary may--
``(1) receive funds from a Federal or non-Federal entity
that has a specific agreement with the Secretary to further
the purposes of this section;
``(2) coordinate with other Federal agencies to expedite
the process established under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the
improvement of port facilities to improve the efficiency of
the transportation system, to increase port security, or to
provide greater access to port facilities;
``(3) seek to coordinate all reviews or requirements with
appropriate Federal, State, and local agencies; and
``(4) in addition to any financial assistance provided
under subsection (c), provide such technical assistance to
port authorities or commissions or their subdivisions and
agents as needed for project planning, design, and
construction.''.
(c) Savings Clause.--A repeal made by subsection (b) of
this section shall not affect amounts apportioned or
allocated before the effective date of the repeal. Such
apportioned or allocated funds shall continue to be subject
to the requirements to which the funds were subject under
section 50302(c) of title 46, United States Code, as in
effect on the day before the date of enactment of this title.
SEC. 3521. ASSESSMENT AND REPORT ON STRATEGIC SEAPORTS.
(a) In General.--Not later than 90 days after the date of
the enactment of this title, the Secretary of Defense shall
submit to the congressional defense committees a report
[[Page S3608]]
on port facilities used for military purposes at ports
designated by the Department of Defense as strategic
seaports.
(b) Elements.--The report required by subsection (a) shall
include, with respect to port facilities included in the
report, the following:
(1) An assessment whether there are structural integrity or
other deficiencies in such facilities.
(2) If there are such deficiencies--
(A) an assessment of infrastructure improvements to such
facilities that would be needed to meet, directly or
indirectly, national security and readiness requirements;
(B) an assessment of the impact on operational readiness of
the Armed Forces if such improvements are not undertaken; and
(C) an identification of, to the maximum extent practical,
all potential funding sources for such improvements from
existing authorities.
(3) An identification of the support that would be
appropriate for the Department of Defense to provide in the
execution of the Secretary of Transportation's
responsibilities under section 50302 of title 46, United
States Code, with respect to such facilities.
(4) If additional statutory or administrative authorities
would be required for the provision of support as described
in paragraph (3), recommendations for legislative or
administrative action to establish such authorities.
(c) Consultation.--The Secretary of Defense shall prepare
the report required by subsection (a) in consultation with
the Maritime Administrator and the individual responsible for
each port facility described in such subsection.
SEC. 3522. MARITIME TECHNICAL ASSISTANCE PROGRAM.
Section 50307 of title 46, United States Code, is amended--
(1) in subsection (a), by striking ``The Secretary of
Transportation may engage in the environmental study'' and
inserting ``The Maritime Administrator, on behalf of the
Secretary of Transportation, shall engage in the study'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``may'' and inserting ``shall''; and
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``that are likely to achieve environmental improvements by''
and inserting ``to improve'';
(ii) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively;
(iii) by inserting before clause (i), the following:
``(A) environmental performance to meet United States
Federal and international standards and guidelines,
including--''; and
(iv) in clause (iii), as redesignated by clause (ii), by
striking ``species; and'' and all that follows through the
end of the subsection and inserting ``species; or
``(iv) reducing propeller cavitation; and
``(B) the efficiency and safety of domestic maritime
industries; and
``(2) coordinate with the Environmental Protection Agency,
the Coast Guard, and other Federal, State, local, or tribal
agencies, as appropriate.''.
(3) in subsection (c)(2), by striking ``benefits'' and
inserting ``or other benefits to domestic maritime
industries''; and
(4) by adding at the end the following:
``(e) Limitations on the Use of Funds.--. Not more than 3
percent of funds appropriated to carry out this program may
be used for administrative purposes.''.
SEC. 3523. REQUIREMENT FOR SMALL SHIPYARD GRANTEES.
Section 54101(d) of title 46, United States Code, is
amended--
(1) by striking ``Grants awarded'' and inserting the
following:
``(1) In general.--Grants awarded''; and
(2) by adding at the end the following:
``(2) Buy america.--
``(A) In general.--Subject to subparagraph (B), no funds
may be obligated by the Administrator of the Maritime
Administration under this section, unless each product and
material purchased with those funds (including products and
materials purchased by a grantee), and including any
commercially available off-the-shelf item, is--
``(i) an unmanufactured article, material, or supply that
has been mined or produced in the United States; or
``(ii) a manufactured article, material, or supply that has
been manufactured in the United States substantially all from
articles, materials, or supplies mined, produced, or
manufactured in the United States.
``(B) Exceptions.--
``(i) In general.--Notwithstanding subparagraph (A), the
requirements of that subparagraph shall not apply with
respect to a particular product or material if the
Administrator determines--
``(I) that the application of those requirements would be
inconsistent with the public interest;
``(II) that such product or material is not available in
the United States in sufficient and reasonably available
quantities, of a satisfactory quality, or on a timely basis;
or
``(III) that inclusion of a domestic product or material
will increase the cost of that product or material by more
than 25 percent, with respect to a certain contract between a
grantee and that grantee's supplier.
``(ii) Federal register.--A determination made by the
Administrator under this subparagraph shall be published in
the Federal Register.
``(C) Definitions.--ln this paragraph:
``(i) The term `commercially available off-the-shelf item'
means--
``(I) any item of supply (including construction material)
that is--
``(aa) a commercial item, as defined by section 2.101 of
title 48, Code of Federal Regulations (as in effect on the
date of enactment of the Maritime Administration
Authorization and Enhancement Act of 2019); and
``(bb) sold in substantial quantities in the commercial
marketplace; and
``(II) does not include bulk cargo, as defined in section
40102(4) of this title, such as agricultural products and
petroleum products.
``(ii) The term `product or material' means an article,
material, or supply brought to the site by the recipient for
incorporation into the building, work, or project. The term
also includes an item brought to the site preassembled from
articles, materials, or supplies. However, emergency life
safety systems, such as emergency lighting, fire alarm, and
audio evacuation systems, that are discrete systems
incorporated into a public building or work and that are
produced as complete systems, are evaluated as a single and
distinct construction material regardless of when or how the
individual parts or components of those systems are delivered
to the construction site.
``(iii) The term `United States' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Northern
Mariana Islands, Guam, American Samoa, and the Virgin
Islands.''.
SEC. 3524. IMPROVEMENT OF NATIONAL OCEANOGRAPHIC PARTNERSHIP
PROGRAM.
(a) Additional Means of Achievement of Goals of Program
Through Oceanographic Efforts.--Section 8931(b)(2) of title
10, United States Code, is amended--
(1) in subparagraph (A)--
(A) by inserting ``, creating,'' after ``identifying''; and
(B) by inserting ``science,'' after ``areas of''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) soliciting, accepting, and executing oceanographic
research and observational projects funded by private grants,
contracts, or cooperative agreements that contribute to such
goals.''.
(b) National Ocean Research Leadership Council
Membership.--Section 8932 of title 10, United States Code, is
amended--
(1) by redesignating subsections (f) through (h) as
subsections (g) through (i), respectively;
(2) in subsection (b)--
(A) by striking paragraph (10);
(B) by redesignating paragraphs (11) through (14) as
paragraphs (12) through (15), respectively; and
(C) by inserting after paragraph (9) the following new
paragraphs:
``(10) The Director of the Bureau of Ocean Energy
Management of the Department of the Interior.
``(11) The Director of the Bureau of Safety and
Environmental Enforcement of the Department of the
Interior.'';
(3) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``broad participation
within the oceanographic community'' and inserting
``appropriate participation within the oceanographic
community, which may include public, academic, commercial,
and private participation or support''; and
(ii) in subparagraph (E), by striking ``peer''; and
(B) in paragraph (3), by striking subparagraph (D) and
inserting the following:
``(D) Preexisting facilities''; such as regional data
centers operated by the integrated ocean observing system,
and expertise
(4) in subsection (e)--
(A) in the subsection heading by striking ``Report'' and
inserting ``Briefing'';
(B) in the matter preceding paragraph (1), by striking ``to
Congress a report'' and inserting ``to the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Armed Services of the Senate, the Committee on
Natural Resources of the House of Representatives, and the
Committee on Armed Services of the House of Representatives a
briefing'';
(C) by striking ``report'' and inserting ``briefing'' each
place the term appears;
(D) by striking paragraph (4) and inserting the following:
``(4) A description of the involvement of Federal agencies
and non-Federal contributors participating in the program.'';
and
(E) in paragraph (5), by striking ``and the estimated
expenditures under such programs, projects, and activities
during such following fiscal year'' and inserting ``and the
estimated expenditures under such programs, projects, and
activities of the program during such following fiscal
year'';
(5) by inserting after subsection (e) the following:
``(f) Report.--Not later than March 1 of each year, the
Council shall publish on a publically available website a
report summarizing the briefing described in subsection
(e).'';
(6) in subsection (g), as redesignated by paragraph (1)--
(A) by striking paragraph (1) and inserting the following:
[[Page S3609]]
``(1) The Secretary of the Navy shall establish an office
to support the National Oceanographic Partnership Program.
The Council shall use competitive procedures in selecting an
operator for the partnership program office.''; and
(B) in paragraph (2)(B), by inserting ``, where
appropriate,'' before ``managing''; and
(7) by amending subsection (h), as redesignated by
paragraph (1), to read as follows:
``(h) Contract and Grant Authority.--
``(1) In general.--To carry out the purposes of the
National Oceanographic Partnership Program, the Council shall
have, in addition to other powers otherwise given it under
this chapter, the following authorities:
``(A) To authorize one or more of the departments or
agencies represented on the Council to enter into contracts
and make grants or cooperative agreements, and establish and
manage new collaborative programs as considered appropriate,
to address emerging science priorities using both donated and
appropriated funds.
``(B) To authorize the program office under subsection (g),
on behalf of and subject to the direction and approval of the
Council, to accept funds, including fines and penalties, from
other Federal and State departments and agencies.
``(C) To authorize the program office, on behalf of and
subject to the direction and approval of the Council, to
award grants and enter into contracts for purposes of the
National Oceanographic Partnership Program.
``(D) To authorize the program office, on behalf of the
Council, to solicit, accept and execute oceanographic
research projects for purposes of the National Oceanographic
Partnership Program that are funded by private grants,
contracts, or donations.
``(E) To transfer funds to other Federal and State
departments and agencies in furtherance of the purposes of
the National Oceanographic Partnership Program.
``(F) To authorize one or more of the departments or
agencies represented on the Council to enter into contracts
and make grants, for the purpose of implementing the National
Oceanographic Partnership Program and carrying out the
responsibilities of the Council.
``(G) To use, with the consent of the head of the agency or
entity concerned, on a non-reimbursable basis, the land,
services, equipment, personnel, facilities, advice, and
information provided by a Federal agency or entity, State,
local government, Tribal government, territory, or
possession, or any subdivisions thereof, or the District of
Columbia as may be helpful in the performance of the duties
of the Council.
``(2) Funds transferred.--Funds identified for direct
support of National Oceanographic Partnership Program grants
are authorized for transfer between agencies and are exempt
from section 1535 of title 31, United States Code (commonly
known as the ``Economy Act of 1932'').''.
(c) Ocean Research Advisory Panel.--Section 8933(a)(4) of
title 10, United States Code, is amended by striking ``State
governments'' and inserting ``State and Tribal governments''.
SEC. 3525. IMPROVEMENTS TO THE MARITIME GUARANTEED LOAN
PROGRAM.
(a) Definitions.--Section 53701 of title 46, United States
Code, is amended--
(1) by striking paragraph (5);
(2) by redesignating paragraphs (6) through (15) as
paragraphs (5) through (14), respectively; and
(3) by adding at the end the following:
``(15) Vessel of national interest.--The term `Vessel of
National Interest' means a vessel deemed to be of national
interest that meets characteristics determined by the
Administrator, in consultation with the Secretary of Defense,
the Secretary of the Department in which the Coast Guard
Operates, or the heads of other Federal agencies, as
described in section 53703(d).''.
(b) Preferred Lender.--Section 53702(a) of title 46, United
States Code, is amended by adding at the end the following:
``(2) Preferred eligible lender.--The Federal Financing
Bank shall be the preferred eligible lender of the principal
and interest of the guaranteed obligations issued under this
chapter.''.
(c) Application and Administration.--Section 53703 of title
46, United States Code, is amended--
(1) in the section heading, by striking ``procedures'' and
inserting ``and administration'';
(2) by adding at the end the following:
``(c) Independent Analysis.--
``(1) In general.--To assess and mitigate the risks due to
factors associated with markets, technology, financial, or
legal structures related to an application or guarantee under
this chapter, the Secretary or Administrator may utilize
third party experts, including legal counsel, to--
``(A) process and review applications under this chapter,
including conducting independent analysis and review of
aspects of an application;
``(B) represent the Secretary or Administrator in
structuring and documenting the obligation guarantee;
``(C) analyze and review aspects of, structure, and
document the obligation guarantee during the term of the
guarantee;
``(D) recommend financial covenants or financial ratios to
be met by the applicant during the time a guarantee under
this chapter is outstanding that are--
``(i) based on the financial covenants or financial ratios,
if any, that are then applicable to the obligor under private
sector credit agreements; and
``(ii) in lieu of other financial covenants applicable to
the obligor under this chapter with respect to requirements
regarding long-term debt-to-equity, minimum working capital,
or minimum amount of equity; and
``(E) represent the Secretary or Administrator to protect
the security interests of the Government relating to an
obligation guarantee.
``(2) Private sector expert.--Independent analysis, review,
and representation conducted under this subsection shall be
performed by a private sector expert in the applicable field
who is selected by the Secretary or Administrator.
``(d) Vessels of National Interest.--
``(1) Notice of funding.--The Secretary or Administrator
may post a notice in the Federal Register regarding the
availability of funding for obligation guarantees under this
chapter for the construction, reconstruction, or
reconditioning of a Vessel of National Interest and include a
timeline for the submission of applications for such vessels.
``(2) Vessel characteristics.--
``(A) In general.--The Secretary or Administrator, in
consultation with the Secretary of Defense, the Secretary of
the Department in which the Coast Guard Operates, or the
heads of other Federal agencies, shall develop and publish a
list of vessel types that would be considered Vessels of
National Interest.
``(B) Review.--Such list shall be reviewed and revised
every 4 years or as necessary, as determined by the
Administrator.''.
(d) Funding Limits.--Section 53704 of title 46, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``that amount'' and all the follows through
``$850,000,000'' and inserting ``that amount, $850,000,000'';
and
(B) by striking ``facilities'' and all that follows through
the end of the subsection and inserting ``facilities.''; and
(2) in subsection (c)(4)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) through (K), as
subparagraphs (A) through (J), respectively.
(e) Eligible Purposes of Obligations.--Section 53706 of
title 46, United States Code, is amended--
(1) in subsection (a)(1)(A)--
(A) in the matter preceding clause (i), by striking
``(including an eligible export vessel);''
(B) in clause (iv) by adding ``or'' after the semicolon;
(C) in clause (v), by striking ``; or'' and inserting a
period; and
(D) by striking clause (vi); and
(2) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``and'' after the
semicolon;
(B) in subparagraph (B)(ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) after applying subparagraphs (A) and (B), Vessels of
National Interest.''.
(f) Amount of Obligations.--Section 53709(b) of title 46,
United States Code, is amended--
(1) by striking paragraphs (3) and (6); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(g) Contents of Obligations.--Section 53710 of title 46,
United States Code, is amended--
(1) in subsection (a)(4)--
(A) in subparagraph (A)--
(i) by striking ``or, in the case of'' and all that follows
through ``party''; and
(ii) by striking ``and'' after the semicolon; and
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) documented under the laws of the United States for
the term of the guarantee of the obligation or until the
obligation is paid in full, whichever is sooner.''; and
(2) in subsection (c)--
(A) in the subsection heading, by inserting ``and Provide
for the Financial Stability of the Obligor'' after
``Interests'';
(B) by striking ``provisions for the protection of'' and
inserting ``provisions, which shall include--
``(1) provisions for the protection of'';
(C) by striking ``, and other matters that the Secretary or
Administrator may prescribe.'' and inserting, ``; and''; and
(D) by adding at the end the following:
``(2) any other provisions that the Secretary or
Administrator may prescribe.''.
(h) Administrative Fees.--Section 53713 of title 46, United
States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``reasonable for--'' and inserting `` reasonable for
processing the application and monitoring the loan guarantee,
including for--'';
(B) in paragraph (4), by striking ``; and'' and inserting
``or a deposit fund under section 53716 of this title;'';
(C) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(6) monitoring and providing services related to the
obligor's compliance with any terms related to the
obligations, the guarantee, or maintenance of the Secretary
or Administrator's security interests under this chapter.'';
and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``under section 53708(d)
of this title'' and inserting ``under section 53703(c) of
this title'';
[[Page S3610]]
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(C) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(D) by adding at the end the following:
``(2) Fee limitation inapplicable.--Fees collected under
this subsection are not subject to the limitation of
subsection (b).''.
(i) Best Practices; Eligible Export Vessels.--Chapter 537
of title 46, United States Code, is further amended--
(1) in subchapter I, by adding at the end the following new
section:
``Sec. 53719. Best practices
``The Secretary or Administrator shall ensure that all
standard documents and agreements that relate to loan
guarantees made pursuant to this chapter are reviewed and
updated every four years to ensure that such documents and
agreements meet the current commercial best practices to the
extent permitted by law.''; and
(2) in subchapter III, by striking section 53732.
(j) Express Consideration of Low-risk Applications.--Not
later than 180 days after the date of enactment of this
title, the Administrator of the Maritime Administration
shall, in consultation with affected stakeholders, create a
process for express processing of low-risk maritime
guaranteed loan applications under chapter 537 of title 46,
United States Code, based on Federal and industry best
practices, including proposals to better assist applicants to
submit complete applications within 6 months of the initial
application.
(k) Congressional Notification.--
(1) Notification.--Not less than 60 days before
reorganizing or consolidating the activities or personnel
covered under chapter 537 of title 46, United States Code,
the Secretary of Transportation shall notify, in writing, the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives of the proposed
reorganization or consolidation.
(2) Contents.--Each notification under paragraph (1) shall
include an evaluation of, and justification for, the
reorganization or consolidation.
(l) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 537
of title 46, United States Code, is amended by inserting
after the item relating to section 53718 the following new
item:
``53719. Best practices.''.
(2) The table of sections at the beginning of chapter 537
of title 46, United States Code, is further amended by
striking the item relating to section 53732.
SEC. 3526. TECHNICAL CORRECTIONS.
(a) Office of Personnel Management Guidance.--Not later
than 120 days after the date of enactment of this title, the
Director of the Office of Personnel Management, in
consultation with the Administrator of the Maritime
Administration, shall identify key skills and competencies
necessary to maintain a balance of expertise in merchant
marine seagoing service and strategic sealift military
service in each of the following positions within the Office
of the Commandant:
(1) Commandant.
(2) Deputy Commandant.
(3) Tactical company officers.
(4) Regimental officers.
(b) Sea Year Compliance.--Section 3514(a)(1)(A) of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 46 U.S.C. 51318 note) is amended by
inserting ``domestic and international'' after ``criteria
that''.
SEC. 3527. UNITED STATES MERCHANT MARINE ACADEMY'S SEXUAL
ASSAULT PREVENTION AND RESPONSE PROGRAM.
(a) Implementation of Recommendations.--The Secretary of
Transportation shall ensure that, not later than 180 days
after the date of enactment of this title, the
recommendations in the Inspector General of the Department of
Transportation's report on the effectiveness of the United
States Merchant Marine Academy's Sexual Assault Prevention
and Response program (mandated under section 3512 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2786)), are fully implemented.
(b) Report.--Not later than 180 days after the date of
enactment of this title, the Secretary of Transportation
shall submit a report to Congress--
(1) confirming that the recommendations described in
subsection (a) have been fully implemented, and explaining
how those recommendations have been implemented; or
(2) if such recommendations have not been fully implemented
as of the date of the report, including an explanation of why
such recommendations have not been fully implemented and a
description of the resources that are needed to fully
implement such recommendations.
SEC. 3528. REPORT ON VESSELS FOR EMERGING OFFSHORE ENERGY
INFRASTRUCTURE.
(a) In General.--The Secretary of Transportation, in
consultation with the Secretary of Energy, the Secretary of
the Interior, and the heads of other relevant agencies as
appropriate, shall prepare and submit a report on the need
for vessels to install, operate, and maintain emerging
offshore energy infrastructure, including offshore wind
energy.
(b) Contents.--Such report shall include--
(1) an inventory of vessels (including existing vessels and
vessels that have the potential to be refurbished) to
install, operate, and maintain such emerging offshore energy
infrastructure;
(2) a projection of existing vessels needed to meet such
emerging offshore energy needs over the next 10 years; and
(3) policy recommendations to ensure the vessel capacity to
support such emerging offshore energy.
(c) Transmittal.--Not later than 6 months after the date of
enactment of this title, the Secretary of Transportation
shall submit such report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives.
Subtitle B--Maritime SAFE Act
SEC. 3531. SHORT TITLES.
(a) Short Titles.--This subtitle may be cited as the
``Maritime Security and Fisheries Enforcement Act'' or the
``Maritime SAFE Act''.
SEC. 3532. DEFINITIONS.
In this subtitle:
(1) AIS.--The term ``AIS'' means Automatic Identification
System (as defined in section 164.46 of title 33, Code of
Federal Regulations, or a similar successor regulation).
(2) Combined maritime forces.--The term ``Combined Maritime
Forces'' means the 33-nation naval partnership, originally
established in February 2002, which promotes security,
stability, and prosperity across approximately 3,200,000
square miles of international waters.
(3) Exclusive economic zone.--
(A) In general.--Unless otherwise specified by the
President as being in the public interest in a writing
published in the Federal Register, the term ``exclusive
economic zone'' means--
(i) the area within a zone established by a maritime
boundary that has been established by a treaty in force or a
treaty that is being provisionally applied by the United
States; or
(ii) in the absence of a treaty described in clause (i)--
(I) a zone, the outer boundary of which is 200 nautical
miles from the baseline from which the breadth of the
territorial sea is measured; or
(II) if the distance between the United States and another
country is less than 400 nautical miles, a zone, the outer
boundary of which is represented by a line equidistant
between the United States and the other country.
(B) Inner boundary.--Without affecting any Presidential
Proclamation with regard to the establishment of the United
States territorial sea or exclusive economic zone, the inner
boundary of the exclusive economic zone is--
(i) in the case of coastal States, a line coterminous with
the seaward boundary of each such State (as described in
section 4 of the Submerged Lands Act (43 U.S.C. 1312));
(ii) in the case of the Commonwealth of Puerto Rico, a line
that is 3 marine leagues from the coastline of the
Commonwealth of Puerto Rico;
(iii) in the case of American Samoa, the United States
Virgin Islands, Guam, and the Northern Mariana Islands, a
line that is 3 geographic miles from the coastlines of
American Samoa, the United States Virgin Islands, Guam, or
the Northern Mariana Islands, respectively; or
(iv) for any possession of the United States not referred
to in clause (ii) or (iii), the coastline of such possession.
(C) Rule of construction.--Nothing in this paragraph may be
construed to diminish the authority of the Department of
Defense, the Department of the Interior, or any other Federal
department or agency.
(4) Food security.--The term ``food security'' means access
to, and availability, utilization, and stability of,
sufficient food to meet caloric and nutritional needs for an
active and healthy life.
(5) Global record of fishing vessels, refrigerated
transport vessels, and supply vessels.--The term ``global
record of fishing vessels, refrigerated transport vessels,
and supply vessels'' means the Food and Agriculture
Organization of the United Nations' initiative to rapidly
make available certified data from state authorities about
vessels and vessel related activities.
(6) IUU fishing.--The term ``IUU fishing'' means illegal
fishing, unreported fishing, or unregulated fishing (as such
terms are defined in paragraph 3 of the International Plan of
Action to Prevent, Deter, and Eliminate Illegal, Unreported
and Unregulated Fishing, adopted at the 24th Session of the
Committee on Fisheries in Rome on March 2, 2001).
(7) Port state measures agreement.--The term ``Port State
Measures Agreement'' means the Agreement on Port State
Measures to Prevent, Deter, and Eliminate Illegal,
Unreported, and Unregulated Fishing set forth by the Food and
Agriculture Organization of the United Nations, done at Rome,
Italy November 22, 2009, and entered into force June 5, 2016,
which offers standards for reporting and inspecting fishing
activities of foreign-flagged fishing vessels at port.
(8) Priority flag state.--The term ``priority flag state''
means a country selected in accordance with section
3552(b)(3)--
(A) whereby the flagged vessels of which actively engage
in, knowingly profit from, or are complicit in IUU fishing;
and
[[Page S3611]]
(B) that is willing, but lacks the capacity, to monitor or
take effective enforcement action against its fleet.
(9) Priority region.--The term ``priority region'' means a
region selected in accordance with section 3552(b)(2)--
(A) that is at high risk for IUU fishing activity or the
entry of illegally caught seafood into the markets of
countries in the region; and
(B) in which countries lack the capacity to fully address
the illegal activity described in subparagraph (A).
(10) Regional fisheries management organization.--The term
``Regional Fisheries Management Organization'' means an
intergovernmental fisheries organization or arrangement, as
appropriate, that has the competence to establish
conservation and management measures.
(11) Seafood.--The term ``seafood''--
(A) means marine finfish, mollusks, crustaceans, and all
other forms of marine animal and plant life, including those
grown, produced, or reared through marine aquaculture
operations or techniques; and
(B) does not include marine mammals, turtles, or birds.
(12) Transnational organized illegal activity.--The term
``transnational organized illegal activity'' means criminal
activity conducted by self-perpetuating associations of
individuals who operate transnationally for the purpose of
obtaining power, influence, or monetary or commercial gains,
wholly or in part by illegal means, while protecting their
activities through a pattern of corruption or violence or
through a transnational organizational structure and the
exploitation of transnational commerce or communication
mechanisms.
(13) Transshipment.--The term ``transshipment'' means the
use of refrigerated vessels that--
(A) collect catch from multiple fishing boats;
(B) carry the accumulated catches back to port; and
(C) deliver supplies to fishing boats, which allows fishing
vessels to remain at sea for extended periods without coming
into port.
SEC. 3533. PURPOSES.
The purposes of this subtitle are--
(1) to support a whole-of-government approach across the
Federal Government to counter IUU fishing and related threats
to maritime security;
(2) to improve data sharing that enhances surveillance,
enforcement, and prosecution against IUU fishing and related
activities at a global level;
(3) to support coordination and collaboration to counter
IUU fishing within priority regions;
(4) to increase and improve global transparency and
traceability across the seafood supply chain as--
(A) a deterrent to IUU fishing; and
(B) a tool for strengthening fisheries management and food
security;
(5) to improve global enforcement operations against IUU
fishing through a whole-of-government approach by the United
States; and
(6) to prevent the use of IUU fishing as a financing source
for transnational organized groups that undermine United
States and global security interests.
SEC. 3534. STATEMENT OF POLICY.
It is the policy of the United States_
(1) to take action to curtail the global trade in seafood
and seafood products derived from IUU fishing, including its
links to forced labor and transnational organized illegal
activity;
(2) to develop holistic diplomatic, military, law
enforcement, economic, and capacity-building tools to counter
IUU fishing;
(3) to provide technical assistance to countries in
priority regions and priority flag states to combat IUU
fishing, including assistance--
(A) to increase local, national, and regional level
capacities to counter IUU fishing through the engagement of
law enforcement and security forces;
(B) to enhance port capacity and security, including by
supporting other countries in working toward the adoption and
implementation of the Port State Measures Agreement;
(C) to combat corruption and increase transparency and
traceability in fisheries management and trade;
(D) to enhance information sharing within and across
governments and multilateral organizations through the
development and use of agreed standards for information
sharing; and
(E) to support effective, science-based fisheries
management regimes that promote legal and safe fisheries and
act as a deterrent to IUU fishing;
(4) to promote global maritime security through improved
capacity and technological assistance to support improved
maritime domain awareness;
(5) to engage with priority flag states to encourage the
use of high quality vessel tracking technologies where
existing enforcement tools are lacking;
(6) to engage with multilateral organizations working on
fisheries issues, including Regional Fisheries Management
Organizations and the Food and Agriculture Organization of
the United Nations, to combat and deter IUU fishing;
(7) to advance information sharing across governments and
multilateral organizations in areas that cross multiple
jurisdictions, through the development and use of an agreed
standard for information sharing;
(8) to continue to use existing and future trade agreements
to combat IUU fishing;
(9) to employ appropriate assets and resources of the
United States Government in a coordinated manner to disrupt
the illicit networks involved in IUU fishing;
(10) to continue to declassify and make available, as
appropriate and practicable, technologies developed by the
United States Government that can be used to help counter IUU
fishing;
(11) to recognize the ties of IUU fishing to transnational
organized illegal activity, including human trafficking and
illegal trade in narcotics and arms, and as applicable, to
focus on illicit activity in a coordinated, cross-cutting
manner;
(12) to recognize and respond to poor working conditions,
labor abuses, and other violent crimes in the fishing
industry;
(13) to increase and improve global transparency and
traceability along the seafood supply chain as--
(A) a deterrent to IUU fishing; and
(B) an approach for strengthening fisheries management and
food security; and
(14) to promote technological investment and innovation to
combat IUU fishing.
PART I--PROGRAMS TO COMBAT IUU FISHING AND INCREASE MARITIME SECURITY
SEC. 3541. COORDINATION WITH INTERNATIONAL ORGANIZATIONS.
The Secretary of State, in conjunction with the Secretary
of Commerce, shall coordinate with Regional Fisheries
Management Organizations and the Food and Agriculture
Organization of the United Nations, and may coordinate with
other relevant international governmental or nongovernmental
organizations, or the private sector, as appropriate, to
enhance regional responses to IUU fishing and related
transnational organized illegal activities.
SEC. 3542. ENGAGEMENT OF DIPLOMATIC MISSIONS OF THE UNITED
STATES.
Not later than 1 year after the date of the enactment of
this title, each chief of mission (as defined in section 102
of the Foreign Service Act of 1980 (22 U.S.C. 3902)) to a
relevant country in a priority region or to a priority flag
state may, if the Secretary of State determines such action
is appropriate--
(1) convene a working group, led by Department of State
officials, to examine IUU fishing, which may include
stakeholders such as--
(A) United States officials from relevant agencies
participating in the interagency Working Group identified in
section 3551, foreign officials, nongovernmental
organizations, the private sector, and representatives of
local fishermen in the region; and
(B) experts on IUU fishing, law enforcement, criminal
justice, transnational organized illegal activity, defense,
intelligence, vessel movement monitoring, and international
development operating in or with knowledge of the region; and
(2) designate a counter-IUU Fishing Coordinator from among
existing personnel at the mission if the chief of mission
determines such action is appropriate.
SEC. 3543. ASSISTANCE BY FEDERAL AGENCIES TO IMPROVE LAW
ENFORCEMENT WITHIN PRIORITY REGIONS AND
PRIORITY FLAG STATES.
(a) In General.--The Secretary of State, in collaboration
with the Secretary of Commerce and the Commandant of the
Coast Guard, shall provide assistance, as appropriate, in
accordance with this section.
(b) Law Enforcement Training and Coordination Activities.--
The officials referred to in subsection (a) shall evaluate
opportunities to provide assistance, as appropriate, to
countries in priority regions and priority flag states to
improve the effectiveness of IUU fishing enforcement, with
clear and measurable targets and indicators of success,
including--
(1) by assessing and using existing resources, enforcement
tools, and legal authorities to coordinate efforts to combat
IUU fishing with efforts to combat other illegal trade,
including weapons, drugs, and human trafficking;
(2) by expanding existing IUU fishing enforcement training;
(3) by providing targeted, country- and region-specific
training on combating IUU fishing, including in those
countries that have not adopted the Port State Measures
Agreement;
(4) by supporting increased effectiveness and transparency
of the fisheries enforcement sectors of the governments of
such countries; and
(5) by supporting increased outreach to stakeholders in the
affected communities as key partners in combating and
prosecuting IUU fishing.
(c) Port Security Assistance.--The officials referred to in
subsection (a) shall evaluate opportunities to provide
assistance, as appropriate, to countries in priority regions
and priority flag states to help those states implement
programs related to port security and capacity for the
purposes of preventing IUU fishing products from entering the
global seafood market, including by supporting other
countries in working toward the adoption and implementation
of the Port State Measures Agreement.
(d) Capacity Building for Investigations and
Prosecutions.--The officials referred to in subsection (a),
in collaboration with the governments of countries in
priority regions and of priority flag states, shall evaluate
opportunities to assist those countries in designing and
implementing programs in such
[[Page S3612]]
countries, as appropriate, to increase the capacity of IUU
fishing enforcement and customs and border security officers
to improve their ability--
(1) to conduct effective investigations, including using
law enforcement techniques such as undercover investigations
and the development of informer networks and actionable
intelligence;
(2) to conduct vessel boardings and inspections at sea and
associated enforcement actions;
(3) to exercise existing shiprider agreements and to enter
into and implement new shiprider agreements, as appropriate,
including in those countries that have not adopted the Port
State Measures Agreement;
(4) to conduct vessel inspections at port and associated
enforcement actions;
(5) to assess technology needs and promote the use of
technology to improve monitoring, enforcement, and
prosecution of IUU fishing;
(6) to conduct DNA-based and forensic identification of
seafood used in trade;
(7) to conduct training on techniques, such as collecting
electronic evidence and using computer forensics, for law
enforcement personnel involved in complex investigations
related to international matters, financial issues, and
government corruption that include IUU fishing;
(8) to assess financial flows and the use of financial
institutions to launder profits related to IUU fishing;
(9) to conduct training on the legal mechanisms that can be
used to prosecute those identified in the investigations as
alleged perpetrators of IUU fishing and other associated
crimes such as trafficking and forced labor; and
(10) to conduct training to raise awareness of the use of
whistleblower information and ways to incentivize
whistleblowers to come forward with original information
related to IUU fishing.
(e) Capacity Building for Information Sharing.--The
officials referred to in subsection (a) shall evaluate
opportunities to provide assistance, as appropriate, to key
countries in priority regions and priority flag states in the
form of training, equipment, and systems development to build
capacity for information sharing related to maritime
enforcement and port security.
(f) Coordination With Other Relevant Agencies.--The
Secretary of State, in collaboration with the Commandant of
the Coast Guard is operating and the Secretary of Commerce,
shall coordinate with other relevant agencies, as
appropriate, in accordance with this section.
SEC. 3544. EXPANSION OF EXISTING MECHANISMS TO COMBAT IUU
FISHING.
The Secretary of State, the Administrator of the United
States Agency for International Development, the Secretary of
the Department in which the Coast Guard is operating, the
Secretary of Defense, the Secretary of Commerce, the Attorney
General, and the heads of other appropriate Federal agencies
shall assess opportunities to combat IUU fishing by
expanding, as appropriate, the use of the following
mechanisms:
(1) Including counter-IUU fishing in existing shiprider
agreements in which the United States is a party.
(2) Entering into shiprider agreements that include
counter-IUU fishing with priority flag states and countries
in priority regions with which the United States does not
already have such an agreement.
(3) Including counter-IUU fishing as part of the mission of
the Combined Maritime Forces.
(4) Including counter-IUU fishing exercises in the annual
at-sea exercises conducted by the Department of Defense, in
coordination with the United States Coast Guard.
(5) Creating partnerships similar to the Oceania Maritime
Security Initiative and the Africa Maritime Law Enforcement
Partnership in other priority regions.
SEC. 3545. IMPROVEMENT OF TRANSPARENCY AND TRACEABILITY
PROGRAMS.
The Secretary of State, the Administrator of the United
States Agency for International Development, the Commandant
of the Coast Guard, the Secretary of Commerce, and the heads
of other Federal agencies, if merited, shall work, as
appropriate, with priority flag states and key countries in
priority regions--
(1) to increase knowledge within such countries about the
United States transparency and traceability standards for
imports of seafood and seafood products;
(2) to improve the capacity of seafood industries within
such countries through information sharing and training to
meet the requirements of transparency and traceability
standards for seafood and seafood product imports, including
catch documentation and trade tracking programs adopted by
relevant regional fisheries management organizations;
(3) to improve the capacities of government, industry, and
civil society groups to develop and implement comprehensive
traceability systems that--
(A) deter IUU fishing;
(B) strengthen fisheries management; and
(C) enhance maritime domain awareness; and
(4) to support the implementation of seafood traceability
standards in such countries to prevent IUU fishing products
from entering the global seafood market and assess capacity
and training needs in those countries.
SEC. 3546. TECHNOLOGY PROGRAMS.
The Secretary of State, the Administrator of the United
States Agency for International Development, the Commandant
of the Coast Guard, the Secretary of Defense, the Secretary
of Commerce, and the heads of other Federal agencies, as
appropriate, shall pursue programs to expand the role of
technology for combating IUU fishing, including by--
(1) promoting the use of technology to combat IUU fishing;
(2) assessing the technology needs, including vessel
tracking technologies and data sharing, in priority regions
and priority flag states;
(3) engaging with priority flag states to encourage the
mandated use of vessel tracking technologies, including
vessel monitoring systems, AIS, or other vessel movement
monitoring technologies on fishing vessels and transshipment
vessels at all times, as appropriate, while at sea as a means
to identify IUU fishing activities and the shipment of
illegally caught fish products; and
(4) building partnerships with the private sector,
including universities, nonprofit research organizations, the
seafood industry, and the technology, transportation and
logistics sectors, to leverage new and existing technologies
and data analytics to address IUU fishing.
SEC. 3547. INFORMATION SHARING.
The Director of National Intelligence, in conjunction with
other agencies, as appropriate, shall develop an enterprise
approach to appropriately share information and data within
the United States Government or with other countries or
nongovernmental organizations, or the private sector, as
appropriate, on IUU fishing and other connected transnational
organized illegal activity occurring in priority regions and
elsewhere, including big data analytics and machine learning.
SEC. 3548. SAVINGS CLAUSE.
Nothing in this part shall create an obligation for the
Secretary of the Navy when the Coast Guard is operating as a
service of the Navy.
PART II--ESTABLISHMENT OF INTERAGENCY WORKING GROUP ON IUU FISHING
SEC. 3551. INTERAGENCY WORKING GROUP ON IUU FISHING.
(a) In General.--There is established a collaborative
interagency working group on maritime security and IUU
fishing (referred to in this subtitle as the ``Working
Group'').
(b) Members.--The members of the Working Group shall be
composed of--
(1) 1 chair, who shall rotate between the Coast Guard, the
Department of State, and the National Oceanographic and
Atmospheric Administration on a 3-year term;
(2) 2 deputy chairs, who shall be appointed by their
respective agency heads and shall be from a different
Department than that of the chair, from--
(A) the Coast Guard;
(B) the Department of State; and
(C) the National Oceanic and Atmospheric Administration;
(3) 12 members, who shall be appointed by their respective
agency heads, from--
(A) the Department of Defense;
(B) the United States Navy;
(C) the United States Agency for International Development;
(D) the United States Fish and Wildlife Service;
(E) the Department of Justice;
(F) the Department of the Treasury;
(G) U.S. Customs and Border Protection;
(H) U.S. Immigration and Customs Enforcement;
(I) the Federal Trade Commission;
(J) the National Institute of Food and Agriculture;
(K) the Food and Drug Administration; and
(L) the Department of Labor;
(4) 1 or more members from the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)), who shall be appointed by the Director of
National Intelligence; and
(5) 5 members, who shall be appointed by the President,
from--
(A) the National Security Council;
(B) the Council on Environmental Quality;
(C) the Office of Management and Budget;
(D) the Office of Science and Technology Policy; and
(E) the Office of the United States Trade Representative.
(c) Responsibilities.--The Working Group shall ensure an
integrated, Federal Government-wide response to IUU fishing
globally, including by--
(1) improving the coordination of Federal agencies to
identify, interdict, investigate, prosecute, and dismantle
IUU fishing operations and organizations perpetrating and
knowingly benefitting from IUU fishing;
(2) assessing areas for increased interagency information
sharing on matters related to IUU fishing and related crimes;
(3) establishing standards for information sharing related
to maritime enforcement;
(4) developing a strategy to determine how military assets
and intelligence can contribute to enforcement strategies to
combat IUU fishing;
(5) increasing maritime domain awareness relating to IUU
fishing and related crimes and developing a strategy to
leverage awareness for enhanced enforcement and prosecution
actions against IUU fishing;
(6) supporting the adoption and implementation of the Port
State Measures Agreement in relevant countries and assessing
the capacity and training needs in such countries;
[[Page S3613]]
(7) outlining a strategy to coordinate, increase, and use
shiprider agreements between the Department of Defense or the
Coast Guard and relevant countries;
(8) enhancing cooperation with partner governments to
combat IUU fishing;
(9) identifying opportunities for increased information
sharing between Federal agencies and partner governments
working to combat IUU fishing;
(10) consulting and coordinating with the seafood industry
and nongovernmental stakeholders that work to combat IUU
fishing;
(11) supporting the work of collaborative international
initiatives to make available certified data from state
authorities about vessel and vessel-related activities
related to IUU fishing;
(12) supporting the identification and certification
procedures to address IUU fishing in accordance with the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826d et seq.); and
(13) publishing annual reports summarizing nonsensitive
information about the Working Group's efforts to investigate,
enforce, and prosecute groups and individuals engaging in IUU
fishing.
SEC. 3552. STRATEGIC PLAN.
(a) Strategic Plan.--Not later than 2 years after the date
of the enactment of this title, the Working Group, after
consultation with the relevant stakeholders, shall submit to
Congress a 5-year integrated strategic plan on combating IUU
fishing and enhancing maritime security, including specific
strategies with monitoring benchmarks for addressing IUU
fishing in priority regions.
(b) Identification of Priority Regions and Priority Flag
States.--
(1) In general.--The strategic plan submitted under
subsection (a) shall identify priority regions and priority
flag states to be the focus of assistance coordinated by the
Working Group under section 3551.
(2) Priority region selection criteria.--In selecting
priority regions under paragraph (1), the Working Group shall
select regions that--
(A) are at high risk for IUU fishing activity or the entry
of illegally caught seafood into their markets; and
(B) lack the capacity to fully address the issues described
in subparagraph (A).
(3) Priority flag states selection criteria.--In selecting
priority flag states under paragraph (1), the Working Group
shall select countries--
(A) the flagged vessels of which actively engage in,
knowingly profit from, or are complicit in IUU fishing; and
(B) that lack the capacity to police their fleet.
SEC. 3553. REPORTS.
Not later than 5 years after the submission of the 5-year
integrated strategic plan under section 3552, and 5 years
after, the Working Group shall submit a report to the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Foreign Relations of the Senate, the
Committee on Appropriations of the Senate, the Committee on
the Judiciary of the Senate, the Committee on Natural
Resources of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Appropriations of the House of Representatives
that contains--
(1) a summary of global and regional trends in IUU fishing;
(2) an assessment of the extent of the convergence between
transnational organized illegal activity, including human
trafficking and forced labor, and IUU fishing;
(3) an assessment of the topics, data sources, and
strategies that would benefit from increased information
sharing and recommendations regarding harmonization of data
collection and sharing;
(4) an assessment of assets, including military assets and
intelligence, which can be used for either enforcement
operations or strategies to combat IUU fishing;
(5) summaries of the situational threats with respect to
IUU fishing in priority regions and an assessment of the
capacity of countries within such regions to respond to those
threats;
(6) an assessment of the progress of countries in priority
regions in responding to those threats as a result of
assistance by the United States pursuant to the strategic
plan developed under section 3552, including--
(A) the identification of--
(i) relevant supply routes, ports of call, methods of
landing and entering illegally caught product into legal
supply chains, and financial institutions used in each
country by participants engaging in IUU fishing; and
(ii) indicators of IUU fishing that are related to money
laundering;
(B) an assessment of the adherence to, or progress toward
adoption of, international treaties related to IUU fishing,
including the Port State Measures Agreement, by countries in
priority regions;
(C) an assessment of the implementation by countries in
priority regions of seafood traceability or capacity to apply
traceability to verify the legality of catch and strengthen
fisheries management;
(D) an assessment of the capacity of countries in priority
regions to implement shiprider agreements;
(E) an assessment of the capacity of countries in priority
regions to increase maritime domain awareness; and
(F) an assessment of the capacity of governments of
relevant countries in priority regions to sustain the
programs for which the United States has provided assistance
under this subtitle;
(7) an assessment of the capacity of priority flag states
to track the movement of and police their fleet, prevent
their flagged vessels from engaging in IUU fishing, and
enforce applicable laws and regulations; and
(8) an assessment of the extent of involvement in IUU
fishing of organizations designated as foreign terrorist
organizations under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
SEC. 3554. GULF OF MEXICO IUU FISHING SUBWORKING GROUP.
(a) In General.--Not later than 90 days after the date of
the enactment of this title, the Administrator of the
National Oceanic and Atmospheric Administration, in
coordination with the Coast Guard and the Department of
State, shall establish a subworking group to address IUU
fishing in the exclusive economic zone of the United States
in the Gulf of Mexico.
(b) Functions.--The subworking group established under
subsection (a) shall identify--
(1) Federal actions taken and policies established during
the 5-year period immediately preceding the date of the
enactment of this title with respect to IUU fishing in the
exclusive economic zone of the United States in the Gulf of
Mexico, including such actions and policies related to--
(A) the surveillance, interdiction, and prosecution of any
foreign nationals engaged in such fishing; and
(B) the application of the provisions of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d
et seq.) to any relevant nation, including the status of any
past or ongoing consultations and certification procedures;
(2) actions and policies, in addition to the actions and
policies described in paragraph (1), each of the Federal
agencies described in subsection (a) can take, using existing
resources, to combat IUU fishing in the exclusive economic
zone of the United States in the Gulf of Mexico; and
(3) any additional authorities that could assist each such
agency in more effectively addressing such IUU fishing.
(c) Report.--Not later than 1 year after the IUU Fishing
Subworking Group is established under subsection (a), the
group shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Natural Resources of the House of Representatives that
contains--
(1) the findings identified pursuant to subsection (b); and
(2) a timeline for each of the Federal agencies described
in subsection (a) to implement each action or policy
identified pursuant to subsection (b)(2).
PART III--COMBATING HUMAN TRAFFICKING IN CONNECTION WITH THE CATCHING
AND PROCESSING OF SEAFOOD PRODUCTS
SEC. 3561. FINDING.
Congress finds that human trafficking is a pervasive
problem in the catching and processing of certain seafood
products imported into the United States, particularly
seafood products obtained through illegal, unreported, and
unregulated fishing.
SEC. 3562. ADDING THE SECRETARY OF COMMERCE TO THE
INTERAGENCY TASK FORCE TO MONITOR AND COMBAT
TRAFFICKING.
Section 105(b) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by
inserting ``the Secretary of Commerce,'' after ``the
Secretary of Education,''.
SEC. 3563. HUMAN TRAFFICKING IN THE SEAFOOD SUPPLY CHAIN
REPORT.
(a) In General.--Not later than 1 year after the date of
the enactment of this title, the Administrator of the
National Oceanic and Atmospheric Administration and the
Commissioner of the Food and Drug Administration shall
jointly submit a report to Congress that describes the
existence of human trafficking in the supply chains of
seafood products imported into the United States.
(b) Report Elements.--The report required under subsection
(a) shall include--
(1) a list of the countries at risk for human trafficking
in their seafood catching and processing industries, and an
assessment of such risk for each listed country;
(2) a description of the quantity and economic value of
seafood products imported into the United States from the
countries on the list compiled pursuant to paragraph (1);
(3) a description and assessment of the methods, if any, in
the countries on the list compiled pursuant to paragraph (1)
to trace and account for the manner in which seafood is
caught;
(4) a description of domestic and international enforcement
mechanisms to deter illegal practices in the catching of
seafood in the countries on the list compiled pursuant to
paragraph (1); and
(5) such recommendations as the Administrator and the
Commissioner jointly consider appropriate for legislative or
administrative action to enhance and improve actions against
human trafficking in the catching and processing of seafood
products outside of United States waters.
PART IV--AUTHORIZATION OF APPROPRIATIONS
SEC. 3571. AUTHORIZATION OF APPROPRIATIONS.
(a) Funding.--Amounts made available to carry out this
subtitle shall be derived from
[[Page S3614]]
amounts appropriated or otherwise made available to the
relevant agencies and departments.
(b) No Increase in Contributions.--Nothing in this subtitle
shall be construed to authorize an increase in required or
voluntary contributions paid by the United States to any
multilateral or international organization.
SEC. 3572. ACCOUNTING OF FUNDS.
By not later than 180 days after the date of enactment of
this title, the head of each Federal agency receiving or
allocating funds to carry out activities under this subtitle
shall, to the greatest extent practicable, prepare and submit
to Congress a report that provides an accounting of all funds
made available under this subtitle to the Federal agency.
______