[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5808-S5811]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6290. Mr. CASSIDY submitted an amendment intended to be proposed
by him to the bill S. 4802, to authorize appropriations for the Coast
Guard, and for other purposes; which was referred to the Committee on
Commerce, Science, and Transportation; as follows:
In title III, strike subtitle E and insert the following:
Subtitle E--Illegal, Unreported, and Unregulated Fishing
SEC. 361. DEFINITIONS.
In this subtitle:
(1) Fish.--The term ``fish'' means all forms of marine
animal and plant life other than marine mammals and birds,
including finfish, mollusks, and crustaceans.
(2) Illegal, unreported, or unregulated fishing.--The term
``illegal, unreported, or unregulated fishing'' has the
meaning given that term in subpart N of part 300 of title 50,
Code of Federal Regulations (or any successor regulation).
(3) Seafood.--The term ``seafood'' means all marine animal
and plant life meant for consumption as food other than
marine mammals and birds, including fish, shellfish products,
and processed fish.
(4) Seafood fraud.--The term ``seafood fraud'' means the
mislabeling or misrepresentation of the information required
under this subtitle, any other Federal law (including
regulations), or any international agreement pertaining to
the import, export, transport, sale, harvest, processing, or
trade of seafood, including--
(A) the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.);
(B) the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et
seq.);
(C) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.);
(D) the FDA Food Safety Modernization Act (Public Law 111-
353);
(E) the Fair Packaging and Labeling Act (15 U.S.C. 1451 et
seq.);
(F) subtitle D of the Agricultural Marketing Act of 1946 (7
U.S.C. 1638 et seq.);
(G) parts 60 and 65 of title 7, Code of Federal Regulations
(or any successor regulations);
(H) part 123 of title 21, Code of Federal Regulations (or
any successor regulations); and
(I) section 216.24 of title 50, Code of Federal Regulations
(or any successor regulation).
(5) Seafood import monitoring program.--The term ``Seafood
Import Monitoring Program'' means the Seafood Traceability
Program established in subpart Q of part 300 of title 50,
Code of Federal Regulations (or any successor regulation).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration or a designee of
either the Secretary or the Administrator.
(7) Unique vessel identifier.--The term ``unique vessel
identifier'' means a unique number that stays with a vessel
for the duration of the vessel's life, regardless of changes
in flag, ownership, name, or other changes to the vessel.
CHAPTER 1--SEAFOOD IMPORT MONITORING
SEC. 362. ASSESSMENT OF SPECIES FOR INCLUSION IN SEAFOOD
IMPORT MONITORING PROGRAM.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall conduct an
evidence-based risk assessment to determine whether any
species of fish should be added to the Seafood Import
Monitoring Program--
(1) to reduce human trafficking in the international
seafood supply chain;
(2) to reduce economic harm to the United States fishing
industry;
(3) to preserve stocks of at-risk species around the world;
and
(4) to protect United States consumers from seafood fraud.
(b) Elements.--
(1) In general.--In addition to the matters described in
paragraphs (1) through (4) of subsection (a), the risk
assessment required by that subsection shall be based on the
following elements relating to species of fish:
(A) Enforcement capability.
(B) Incidence of species misrepresentation or mislabeling.
(C) The existence of a catch documentation scheme.
(D) History of fishing violations.
(E) Complexity of chain of custody and processing.
(F) Human health risks.
(2) Consideration of elements.--The Secretary--
(A) shall consider all of the elements described in
paragraph (1) when evaluating risk with respect to adding any
species to the Seafood Import Monitoring Program;
(B) shall consider the interaction between those elements;
and
(C) may not make a determination based solely on the
presence or absence of one element.
SEC. 363. NOTIFICATION TO CONGRESS REGARDING REMOVAL OF
SPECIES OF FISH FROM SEAFOOD IMPORT MONITORING
PROGRAM.
The Secretary shall notify Congress regarding the removal
of any species of fish from the Seafood Import Monitoring
Program.
SEC. 364. IMPROVEMENT OF AUTOMATED COMMERCIAL ENVIRONMENT.
(a) Strategy Required.--Not later than 540 days after the
date of the enactment of this Act, the Secretary, in
coordination with the Secretary of Homeland Security acting
through the Commissioner of U.S. Customs and Border
Protection, shall develop and implement a strategy to improve
the quality and verifiability of the following data elements
in the Automated Commercial Environment system:
(1) Authorization to fish.
(2) Unique vessel identifier, if available.
(3) Location of wild-capture harvest and landing or
aquaculture location.
(4) Type of fishing gear used to harvest the fish.
(b) Prioritization.--The strategy developed and implemented
under paragraph (1) shall, to the extent feasible, prioritize
the use of enumerated data types, such as checkboxes,
dropdown menus, or radio buttons, rather than open text
fields, and any additional elements the Secretary finds
necessary.
SEC. 365. ADDITIONAL DATA REQUIREMENTS FOR SEAFOOD IMPORT
MONITORING PROGRAM DATA COLLECTION.
(a) In General.--Not later than 1 year after date of the
enactment of this Act, the Secretary shall revise subpart Q
of part 300 of title 50, Code of Federal Regulations (or a
successor regulation)--
(1) to require an importer of record to provide at the time
of entry, for each entry subject to the Seafood Import
Monitoring Program--
(A) the location of catch or cultivation, including--
(i) the country code of the International Organization for
Standardization if the catch
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occurs within the exclusive economic zone of a country; and
(ii) if appropriate, an identification of any regional
fisheries management organization having jurisdiction over
the catch, if the catch occurs within the jurisdiction of any
such organization; and
(B) paper records or electronic reports to establish
verifiable and complete chain-of-custody records that track--
(i) the seafood or seafood product from its initial harvest
or production to import, including with unique vessel
identifiers as applicable;
(ii) each custodian of the seafood or seafood product,
including each aquaculture facility, transshipper, processor,
storage facility, and distributor; and
(iii) the physical address of each such custodian;
(C) if available, the maritime mobile service identity
number of each harvesting and transshipment vessel; and
(D) the owners of each harvesting and transshipment vessel
or aquaculture facility, as applicable; and
(2) to require an importer to submit data under the Seafood
Import Monitoring Program--
(A) not fewer than 168 hours, and not more than 15 days,
before the time of any arrival; and
(B) in accordance with requirements of U.S. Customs and
Border Protection for submission and corrections to entry
filings into the Automated Commercial Environment.
(b) Data Elements.--The Secretary shall coordinate with
relevant agencies to ensure that the data elements described
in subsection (a) can be--
(1) submitted through the International Trade Data System
Automated Commercial Environment to U.S. Customs and Border
Protection; or
(2) noted as absent in the Automated Commercial Environment
if an element is unavailable at the time of entry.
(c) Electronic Integration.--The Secretary shall integrate
data elements under subsection (a) and, as appropriate, risk
factors and trends described in section 366 into the seafood
traceability programs of the National Oceanic and Atmospheric
Administration to--
(1) enhance long-term system supportability;
(2) reduce duplication of infrastructure and contractor
support for software development; and
(3) create greater program effectiveness by establishing
risk factors used for selecting targeted shipments to audit.
(d) International Fisheries Trade Permits.--The Secretary
shall--
(1) not later than 2 years after the date of the enactment
of this Act, publish and commence maintaining on the website
of the National Marine Fisheries Service a list of all
International Fisheries Trade Permit holders, including the
name of each permit holder and expiration date of each
permit;
(2) not less than 60 days before publishing the name of a
permit holder under paragraph (1), notify the permit holder
of the intended publication; and
(3) require an International Fisheries Trade Permit for any
person who imports into the United States, or exports or re-
exports from the United States, seafood or seafood products.
SEC. 366. STRATEGIC PLAN TO IMPROVE DETECTION OF AT-RISK
SEAFOOD IMPORTS.
Not later than 1 year after the date of the enactment of
this Act, the Secretary, in consultation with the Secretary
of Homeland Security, the Secretary of Labor, and the
Secretary of State, shall--
(1) finalize a detailed strategic plan to develop and use
artificial intelligence and machine learning technologies and
predictive analytics to identify risk factors and trends in
shipment data to detect imports of seafood and seafood
products at risk of being associated with illegal,
unreported, or unregulated fishing, human trafficking, forced
labor, or seafood fraud; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Natural
Resources of the House of Representatives a detailed report
on such plan.
SEC. 367 AUDIT PROCEDURES.
(a) Audit Procedures.--Not later than 2 years after the
date of the enactment of this Act, the Secretary shall
implement procedures for auditing information and supporting
records of sufficient numbers of imports of seafood and
seafood products subject to the Seafood Import Monitoring
Program to support statistically robust conclusions that the
samples audited are representative of all seafood imports
subject to the Seafood Import Monitoring Program with respect
to a given year.
(b) Annual Revision.--Not less frequently than once each
year, the Secretary shall review, and revise as appropriate,
procedures implemented under subsection (a) in order to
prioritize for audit imports of seafood and seafood products
originating from the following:
(1) Nations identified to have a higher risk of being
associated with illegal, unreported, or unregulated fishing,
including those sources and products associated with nations
that have been issued a negative certification under section
609 of the High Seas Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826j).
(2) Nations identified as being the flag states or landing
locations of vessels that have been identified by another
country or regional fisheries management organization as
engaging, or as having been engaged in, illegal, unreported,
or unregulated fishing.
(3) Nations identified as producing seafood products using
forced labor or oppressive child labor in the most recent
List of Goods Produced by Child Labor or Forced Labor issued
by the Secretary of Labor in accordance with section
105(b)(2)(C) of the Trafficking Victims Protection
Reauthorization Act (22 U.S.C. 7112 (b)(2)(C)).
SEC. 368. REPORT ON SEAFOOD IMPORT MONITORING.
(a) Report to Congress.--Not later than 120 days after the
end of each fiscal year, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Natural Resources of the House of
Representatives a report that summarizes the efforts of the
National Marine Fisheries Service to prevent the importation
of seafood harvested, produced, processed, or manufactured
through illegal, unreported, or unregulated fishing or
seafood fraud.
(b) Public Availability.--The Secretary shall make each
report submitted under subsection (a) publicly available on
the internet website of the National Oceanic and Atmospheric
Administration.
(c) Contents.--Each report submitted under subsection (a)
shall include the following information:
(1) The volume and value of seafood species subject to the
Seafood Import Monitoring Program imported during the
previous fiscal year, reported by 10-digit statistical
reporting number of the Harmonized Tariff Schedule of the
United States.
(2) A description of the enforcement activities and
priorities of the National Marine Fisheries Service with
respect to implementing the requirements under the Seafood
Import Monitoring Program.
(3) The percentage of import shipments subject to the
Seafood Import Monitoring Program selected for inspection, or
the information or records supporting entry selected for
audit, during the previous fiscal year, as described in
subpart Q of part 300 of title 50, Code of Federal
Regulations (or successor regulation).
(4) The number and types of instances of noncompliance with
the requirements of the Seafood Import Monitoring Program
during the previous fiscal year.
(5) The number and types of instances of violations of
Federal law discovered through the Seafood Import Monitoring
Program during the previous fiscal year.
(6) The seafood species with respect to which instances of
noncompliance described in paragraph (4) and violations
described in paragraph (5) were most prevalent.
(7) The location of catch or harvest with respect to which
instances of noncompliance described in paragraph (4) and
violations in paragraph (5) were most prevalent.
(8) The resources dedicated to the Seafood Import
Monitoring Program during the previous fiscal year, including
the number of full-time employees.
(9) Such other information as the Secretary considers
appropriate with respect to monitoring and enforcing
compliance with the Seafood Import Monitoring Program.
SEC. 369. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Commissioner
of U.S. Customs and Border Protection $20,000,000 for each of
fiscal years 2023 through 2027 to carry out enforcement
actions under section 307 of the Tariff Act of 1930 (19
U.S.C. 1307).
SEC. 370. REGULATIONS.
The Secretary may promulgate such regulations as are
necessary to carry out this chapter.
CHAPTER 2--SEAFOOD TRACEABILITY AND LABELING
SEC. 371. FEDERAL ACTIVITIES ON SEAFOOD SAFETY AND SEAFOOD
FRAUD.
The Secretary and the Secretary of Health and Human
Services, in coordination with the Secretary of Homeland
Security, shall jointly, to the maximum extent practicable,
ensure that inspections and tests for seafood safety also
collect information for the prevention of seafood fraud.
SEC. 372. SEAFOOD LABELING AND IDENTIFICATION.
(a) In General.--Not later than 3 years after the date of
the enactment of this Act, the Secretary, in coordination
with other relevant agencies, shall implement the following
requirements with respect to seafood and seafood products
subject to the Seafood Import Monitoring Program or imported
into the United States:
(1) Traceability.--A requirement that the following
information shall accompany seafood through processing and
importation:
(A) The Regional Fishery Management Organization Convention
Area, a country's exclusive economic zone or territorial
waters, or a more specific location, in which the seafood was
caught or cultivated.
(B) The specific Aquatic Sciences and Fisheries Information
System number of the Fisheries and Aquaculture Statistics
Information Service of the United Nations Food and
Agriculture Organization.
(C) Whether the seafood was harvested wild or was farm-
raised, and, if the seafood was farm-raised, information
regarding the country of cultivation, the location of the
aquaculture production area, and the method of cultivation.
(D) The method of harvest of the seafood.
(E) The date of the catch or harvest.
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(F) The weight or number, as appropriate, of product for an
individual fish or lot.
(G) Date and name of entity (processor, dealer, vessel) to
which the seafood was landed.
(H) Name and flag state of vessel and evidence of
authorization, and if applicable, a unique vessel identifier.
(I) Name and location of the facility from which farm-
raised seafood were harvested, the method of cultivation,
source and type of feed, and evidence of authorization.
(J) The International Fisheries Trade Permit used for
import entry, if applicable.
(2) Labeling.--The following information shall be included
in the labeling of imported seafood and seafood products
through processing and importation:
(A) The information required in subparagraphs (A), (B),
(C), and (D) of paragraph (1).
(B) Whether the seafood has been previously frozen or
treated with any substance other than ice or water.
(b) Production Codes.--The Secretary shall allow compliance
with subsection (a) through the use electronic bar coding
methods.
(c) Safe Harbor.--No processor, distributor, or retailer
may be found to be in violation of the requirements of this
subtitle or the regulations implementing this subtitle for
selling in the United States a product that was imported into
the United States and was mislabeled upon receipt by the
processor, distributor, or retailer, unless the processor,
distributor, or retailer knew or should have known about the
mislabeling.
SEC. 373. FEDERAL ENFORCEMENT.
(a) Enforcement by Secretary.--The Secretary shall enforce
the provisions of this subtitle in the same manner, by the
same means, and with the same jurisdiction, powers, and
duties as though sections 308 through 311 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1858 through 1861) were incorporated into and made a part of
and applicable to this subtitle.
(b) List of Offenders.--Not later than 180 days after the
date of the enactment of this Act, the Secretary, in
consultation with the Secretary of Health and Human Services,
shall begin including on the public website of the Department
of Commerce a list relating to enforcement actions that--
(1) includes, by country, each exporter whose seafood
subject to the Seafood Import Monitoring Program is imported
or offered for import into the United States; and
(2) for each such exporter, tracks the timing, type, and
frequency of violations of Federal law relating to seafood
fraud and illegal, unreported, or unregulated fishing.
(c) Inspections.--The Secretary, in consultation with the
Secretary of Health and Human Services, shall--
(1) increase, as resources allow, inspections by auditors
and authorized officers of the National Oceanic and
Atmospheric Administration of documentation from foreign and
domestic seafood shipments related to the conditions of
harvest, and subsequent verification of that documentation
with foreign entities and other partners, to determine
whether seafood fraud and illegal, unreported, or unregulated
fishing have occurred and to verify compliance with the
requirements under section 365(a);
(2) conduct audits and inspections, as resources allow, at
a sufficient level to promote compliance and deterrence; and
(3) to the maximum extent practicable, ensure that
inspections and tests for seafood fraud prevention also
collect information to support the Secretary of Health and
Human Services in implementing the seafood safety
requirements of the FDA Food Safety Modernization Act (Public
Law 111-353).
(d) Interagency Agreement.--
(1) Memorandum of understanding required.--Not later than 1
year after the date of the enactment of this Act, the
Secretary, the Secretary of Homeland Security, the Secretary
of Labor, and the Secretary of Health and Human Services
shall jointly execute a memorandum of understanding to codify
and improve interagency cooperation on--
(A) seafood safety;
(B) preventing illegal, unreported, or unregulated fishing;
and
(C) seafood fraud prevention, enforcement, and inspections.
(2) Requirements.--The memorandum of understanding required
by paragraph (1) shall include provisions, performance
metrics, and timelines as the Secretaries consider
appropriate to improve the cooperation described in that
paragraph (acting under provisions of law other than this
subsection)--
(A) to identify and execute specific procedures for using
authorities granted under the FDA Food Safety Modernization
Act (Public Law 111-353) to ensure and improve the safety of
commercially marketed seafood in the United States;
(B) to identify and execute specific procedures for
interagency cooperation on--
(i) interagency resource and information sharing;
(ii) use and development of necessary tools including
forensic, if feasible, and other means to fill existing gaps
in capabilities and eliminate duplication; and
(iii) if feasible, development of specific forensic
analysis information required by each agency to promote
effective enforcement actions;
(C) to maximize the effectiveness of limited personnel and
resources by ensuring that--
(i) inspections of seafood shipments and seafood processing
and production facilities by the National Oceanic and
Atmospheric Administration and the Food and Drug
Administration are not duplicative; and
(ii) information resulting from examinations, testing, and
inspections conducted by the Department of Commerce with
respect to seafood is considered in making risk-based
determinations, including the establishment of inspection
priorities for domestic and foreign facilities and the
examination and testing of domestic and imported seafood;
(D) to create a process--
(i) by which data collected by all seafood inspectors and
officers of the National Oceanic and Atmospheric
Administration and U.S. Customs and Border Protection
authorized to conduct inspections of seafood shipments or
facilities that process or sell seafood, or authorized
officers that conduct analysis of seafood import information,
will be used for risk-based screening of seafood shipments,
including with respect to food safety, adulteration, and
misbranding, by the Food and Drug Administration beginning
not later than 1 year after the date of the enactment of this
Act;
(ii) by which data collected by the National Oceanic and
Atmospheric Administration, U.S. Customs and Border
Protection, the Department of Labor, the Department of State,
and the Food and Drug Administration is shared to maximize
efficiency and enforcement of seafood safety, fraud
prevention, and prohibitions on illegal, unreported, or
unregulated fishing; and
(iii) for taking all steps necessary to restore access by
partner government agencies to the Automated Targeting
System, including amending system of record notices and
privacy impact assessments; and
(E) to ensure that officers and employees of the National
Oceanic and Atmospheric Administration are used by the
Secretary of Health and Human Services as third-party
auditors pursuant to section 808 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 384d) to carry out seafood
examinations and investigations under chapter VIII of such
Act.
(e) Trade Monitoring Information.--
(1) Disclosure of information to federal agencies.--The
Secretary may disclose to a Federal agency information
required and collected under trade monitoring programs for
marine resources if the Federal agency--
(A) does not have direct access to such information; and
(B) is responsible for carrying out duties under or with
respect to--
(i) trade monitoring programs for marine resources;
(ii) the Maritime Security and Fisheries Enforcement Act
(16 U.S.C. 8001 et seq.);
(iii) Federal laws (including regulations) or international
agreements on seafood fraud;
(iv) section 307 of the Tariff Act of 1930 (19 U.S.C.
1307); or
(v) the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7101 et seq.).
(2) Confidentiality.--
(A) In general.--The Secretary may disclose information to
Federal agencies as described in paragraph (1)
notwithstanding--
(i) section 402(b) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1881a(b)); or
(ii) any confidentiality of information requirement under
any statute authorizing a trade monitoring program for marine
resources.
(B) Required disclosures.--This paragraph does not modify
any requirement regarding disclosure of information to
individual or entities, including the public, under--
(i) section 1905 of title 18, United States Code (commonly
referred to as the ``Trade Secrets Act'');
(ii) section 402(b) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1881a(b)); or
(iii) other applicable law.
(3) Definition of trade monitoring programs for marine
resources.--In this subsection, the term ``trade monitoring
programs for marine resources'' includes--
(A) the Seafood Import Monitoring Program;
(B) the Antarctic Marine Living Resources Program of the
National Oceanic and Atmospheric Administration;
(C) the Tuna Tracking and Verification Program of the
National Oceanic and Atmospheric Administration;
(D) the Atlantic Highly Migratory Species International
Trade Program of the National Oceanic and Atmospheric
Administration;
(E) any successor of any program described in subparagraph
(A), (B), (C), or (D); and
(F) any new program for monitoring trade in marine
resources.
SEC. 374. REGULATIONS.
The Secretary may prescribe such regulations as are
necessary to carry out this chapter.
SEC. 375. EFFECT ON STATE LAW.
Nothing in this chapter shall preempt the authority of a
State to establish and enforce anti-trafficking laws or
requirements for improving seafood safety and preventing
seafood fraud that are consistent with the requirements of
this chapter.
SEC. 376. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the National
Oceanic and Atmospheric Administration to carry out this
chapter $14,200,000 for each of fiscal years 2023 through
2027.
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