[Congressional Record Volume 170, Number 113 (Tuesday, July 9, 2024)]
[Senate]
[Pages S4287-S4290]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2085. Mr. SULLIVAN (for himself and Mr. Whitehouse) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 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:
At the end of title X, add the following:
Subtitle I--FISH Act of 2024
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Fighting Foreign
Illegal Seafood Harvests Act of 2024'' or the ``FISH Act of
2024''.
SEC. 1096A. DEFINITIONS.
In this subtitle:
(1) Administrator.--Unless otherwise provided, the term
``Administrator'' means the Administrator of the National
Oceanic and Atmospheric Administration or the designee of the
Administrator.
(2) Beneficial owner.--The term ``beneficial owner'' means,
with respect to a vessel, a person that, directly or
indirectly, through any contract, arrangement, understanding,
relationship, or otherwise--
(A) exercises substantial control over the vessel; or
(B) owns not less than 50 percent of the ownership
interests in the vessel.
(3) Fish.--The term ``fish'' means finfish, crustaceans,
and mollusks.
(4) Forced labor.--The term ``forced labor'' has the
meaning given that term in section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
(5) IUU fishing.--The term ``IUU fishing'' has the meaning
given the term ``illegal, unreported, or unregulated
fishing'' in the implementing regulations or any subsequent
regulations issued pursuant to section 609(e) of the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(e)).
(6) Regional fisheries management organization.--The terms
``regional fisheries management organization'' and ``RFMO''
have the meaning given the terms in section 303 of the Port
State Measures Agreement Act of 2015 (16 U.S.C. 7402).
(7) Seafood.--The term ``seafood'' means fish, shellfish,
processed fish, fish meal, shellfish products, and all other
forms of marine animal and plant life other than marine
mammals and birds.
(8) Secretary.--Unless otherwise provided, the term
``Secretary'' means the Secretary of Commerce acting through
the Administrator of the National Oceanic and Atmospheric
Administration or the designee of the Administrator.
SEC. 1096B. STATEMENT OF POLICY.
It is the policy of the United States to partner, consult,
and coordinate with foreign governments (at the national and
subnational levels), civil society, international
organizations, international financial institutions,
subnational coastal communities, commercial and recreational
fishing industry leaders, communities that engage in
artisanal or subsistence fishing, fishers, and the private
sector, in a concerted effort--
(1) to continue the broad effort across the Federal
Government to counter IUU fishing, including any potential
links to forced labor, human trafficking, and other threats
to maritime security, as outlined in sections 3533 and 3534
of the Maritime SAFE Act (16 U.S.C. 8002 and 8003); and
(2) to, additionally--
(A) prioritize efforts to prevent IUU fishing at its
sources; and
(B) support continued implementation of the Central Arctic
Ocean Fisheries agreement, as well as joint research and
follow-on actions that ensure sustainability of fish stocks
in Arctic international waters.
SEC. 1096C. ESTABLISHMENT OF A BLACK LIST.
Section 608 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826i) is amended by striking
subsections (c) and (d) and inserting the following:
``(c) Black List (IUU Vessel List).--
``(1) In general.--The Secretary, in coordination with the
Secretary of State, the Commissioner of U.S. Customs and
Border Protection, and the Secretary of Labor, shall develop,
maintain, and make public a list of vessels, fleets, and
beneficial owners of vessels or fleets engaged in IUU fishing
or fishing-related activities in support of IUU fishing
(referred to in this section as the `IUU vessel list').
``(2) Inclusion on list.--The IUU vessel list shall include
any vessel, fleet, or beneficial owner of a vessel or fleet
for which the Secretary determines there is a strong basis to
believe that a vessel is any of the following (even if the
Secretary has only partial information regarding the vessel):
``(A) A vessel listed on an IUU vessel list of an
international fishery management organization.
``(B) A vessel taking part in fishing that undermines the
effectiveness of an international fishery management
organization's conservation and management measures,
including a foreign vessel (defined in section 110 of title
46, United States Code)--
``(i) exceeding applicable international fishery management
organization catch limits; or
``(ii) that is operating inconsistent with relevant catch
allocation arrangements of the international fishery
management organization, even if operating under the
authority of a foreign country that is not a member of the
international fishery management organization.
``(C) A vessel, either on the high seas or in the exclusive
economic zone of another country, identified and reported by
United States authorities to an international fishery
management organization to be conducting IUU
[[Page S4288]]
fishing when the United States has reason to believe the
foreign country to which the vessel is registered or
documented is not addressing the allegation.
``(D) A vessel, fleet, or beneficial owner of a vessel or
fleet on the high seas identified by United States
authorities to be conducting IUU fishing or fishing that
involves the use of forced labor, including individuals and
entities subject to a withhold release order issued by U.S.
Customs and Border Protection pursuant to section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307) or any other U.S. Customs
and Border Protection enforcement action, sanctions imposed
by the Department of the Treasury under the Global Magnitsky
Human Rights Accountability Act (22 U.S.C. 10101 et seq.), or
any other United States Government forced labor prevention or
enforcement action that has not been subsequently revoked.
``(E) A vessel that provides services (excluding emergency
or enforcement services) to a vessel that is on the IUU
vessel list, including transshipment, resupply, refueling, or
pilotage.
``(F) A foreign vessel (defined in section 110 of title 46,
United States Code) that is a fishing vessel engaged in
commercial fishing within the exclusive economic zone of the
United States without a permit issued under title II of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1821 et seq.).
``(G) A vessel that has the same beneficial owner as a
vessel on the IUU vessel list at the time of the infraction.
``(H) A vessel or beneficial owner of a vessel subject to
economic sanctions administered by the Department of the
Treasury Office of Foreign Assets Control for transnational
criminal activity associated with IUU fishing under Executive
Order 13581 (76 Fed. Reg. 44757, 84 Fed. Reg. 10255; relating
to blocking property of transnational criminal
organizations), or any other applicable economic sanctions
program, including sanctions imposed by the Department of the
Treasury under the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 10101 et seq.).
``(3) Nominations to be put on the black list.--The
Secretary shall accept nominations for putting a vessel on
the IUU vessel list from--
``(A) the head of an executive branch agency that is a
member of the Interagency Working Group on IUU Fishing
established under section 3551 of the Maritime SAFE Act (16
U.S.C. 8031);
``(B) a country that is a member of the Combined Maritime
Forces; or
``(C) civil organizations that have data-sharing agreements
with a member of the Interagency Working Group on IUU
Fishing.
``(4) Procedures for addition.--The Secretary may put a
vessel on the IUU vessel list only after notification to the
vessel's beneficial owner and a review of any information
that the owner provides within 90 days of the notification.
``(5) Public information.--The Secretary shall publish its
procedures for adding vessels on, and removing vessels from,
the IUU vessel list. The Secretary shall publish the IUU
vessel list itself in the Federal Register annually and on a
website, which shall be updated any time a vessel is added to
the IUU vessel list, and include the following information
(as much as is available and confirmed) for each vessel on
the IUU vessel list:
``(A) The name of the vessel and previous names of the
vessel.
``(B) The International Maritime Organization (IMO) number
of the vessel, or other Unique Vessel Identifier (such as the
flag state permit number or authorized vessel number issued
by an international fishery management organization).
``(C) The maritime mobile service identity number and call
sign of the vessel.
``(D) The address of each beneficial owner of the vessel.
``(E) The country where the vessel is registered or
documented, and where it was previously registered if known.
``(F) The date of inclusion on the IUU vessel list of the
vessel.
``(G) An indication of whether the vessel is part of the
Food and Agriculture Organization's global record.
``(H) Any other identifying information on the vessel, as
determined appropriate by the Secretary.
``(I) The basis for the Secretary's inclusion of the vessel
on the IUU vessel list under paragraph (2).
``(d) Consequences of Being on Black List.--
``(1) In general.--Except for the purposes of inspection
and enforcement or in case of force majeure, a vessel on the
IUU vessel list is prohibited from--
``(A) accessing United States ports and using port
services;
``(B) traveling through the United States territorial sea
unless it is conducting innocent passage in accordance with
customary international law; and
``(C) delivering or receiving supplies or services, or
transshipment, within waters subject to the jurisdiction of
the United States, unless such actions are in accordance with
customary international law.
``(2) Servicing prohibited.--No vessel of the United States
may service a vessel that is on the IUU vessel list, except
in an emergency involving life and safety or to facilitate
enforcement.
``(3) Imports prohibited.--The import of seafood or seafood
products caught, processed, or transported by vessels on the
IUU vessel list is prohibited and shall be subject to the
enforcement provisions of section 606.
``(e) Enforcement of Black List.--
``(1) In general.--Except as provided in paragraph (2), a
vessel of the United States on the IUU vessel list and the
cargo of such vessel shall be subject to seizure and
forfeiture to the United States in the same manner as
merchandise is forfeited for violation of the customs revenue
laws.
``(2) Exception.--The cargo of seafood of a vessel of the
United States on the IUU vessel list shall not be subject to
seizure and forfeiture to the United States if the cargo of
seafood is in the possession of an importer who has paid for
the cargo of seafood and did not know, or did not have any
reason to know, that the seafood was the product of IUU
fishing.
``(f) Permanency of Black List.--
``(1) In general.--Except as provided in paragraphs (2)
through (4), a vessel, fleet, or beneficial owner of a vessel
or fleet that is put on the IUU vessel list shall remain on
the IUU vessel list.
``(2) Revocation of wro.--The Secretary shall remove a
vessel or fleet from the IUU vessel list if the vessel was
added to the IUU vessel list because it was found by U.S.
Customs and Border Protection to have had a withhold release
order issued pursuant to section 307 of the Tariff Act of
1930 (19 U.S.C. 1307) and the withhold release order was
subsequently revoked.
``(3) Application by owner for potential removal.--
``(A) In general.--With the concurrence of the Secretary of
State and consultation with U.S. Customs and Border
Protection, the Secretary may remove a vessel, fleet, or
beneficial owner of a vessel or fleet from the IUU vessel
list if the beneficial owner of the vessel submits an
application for removal to the Secretary that meets the
standards that the Secretary has set out for removal.
``(B) Standards.--The Secretary shall include in the
standards set out for removal a determination that the vessel
or vessel owner has not engaged in IUU fishing or forced
labor during the 5-year period preceding the date of the
application for removal. The Secretary, in consultation with
the Secretary of State and the U.S. Customs and Border
Protection, shall determine whether each application for
removal demonstrates that sufficient corrective action has
been taken to remediate the violations and infractions that
led to the inclusion on the IUU vessel list.
``(C) Consideration of relevant information.--In
considering an application for removal, the Secretary shall
consider relevant information from all sources.
``(4) Removal due to international fishery management
organization action.--The Secretary may remove a vessel from
the IUU vessel list if the vessel was put on the list because
it was a vessel listed on an IUU vessel list of an
international fishery management organization, pursuant to
subsection (c)(2)(A), and the international fishery
management organization removed the vessel from its IUU
vessel list.
``(g) Regulations and Process.--Not later than 12 months
after the date of enactment of the Fighting Foreign Illegal
Seafood Harvests Act of 2024, the Secretary shall issue
regulations to set a process for establishing, maintaining,
implementing, and publishing the IUU vessel list. The
Administrator may add or remove a vessel, fleet, or
beneficial owner of a vessel or fleet from the IUU vessel
list on the date the vessel becomes eligible for such
addition or removal.
``(h) Definitions.--In this section:
``(1) Administrator.--Unless otherwise provided, the term
`Administrator' means the Administrator of the National
Oceanic and Atmospheric Administration or the designee of the
Administrator.
``(2) Beneficial owner.--The term `beneficial owner' means,
with respect to a vessel, a person that, directly or
indirectly, through any contract, arrangement, understanding,
relationship, or otherwise--
``(A) exercises substantial control over the vessel; or
``(B) owns not less than 50 percent of the ownership
interests in the vessel.
``(3) Forced labor.--The term `forced labor' has the
meaning given that term in section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
``(4) International fishery management organization.--The
term `international fishery management organization' means an
international organization established by any bilateral or
multilateral treaty, convention, or agreement for the
conservation and management of fish.
``(5) IUU fishing.--The term `IUU fishing' has the meaning
given the term `illegal, unreported, or unregulated fishing'
in the implementing regulations or any subsequent regulations
issued pursuant to section 609(e).
``(6) Seafood.--The term `seafood' means fish, shellfish,
processed fish, fish meal, shellfish products, and all other
forms of marine animal and plant life other than marine
mammals and birds.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to the Department of Commerce
to carry out this section $20,000,000 for each of fiscal
years 2025 through 2030.''.
SEC. 1096D. IMPOSITION OF SANCTIONS.
(a) Authorization for Sanctions.--The Secretary of the
Treasury may impose the measures described in subsection (b)
with respect to--
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(1) any foreign person or foreign vessel, regardless of
ownership, that the Secretary of the Treasury determines has
participated in--
(A) the sale, supply, purchase, or transfer (including
transportation) of a fish species that is an endangered
species, as defined in section of the Endangered Species Act
of 1973 (16 U.S.C. 1532), directly or indirectly; or
(B) IUU fishing;
(2) a leader or official of an entity that has engaged in,
or whose members have engaged in, any of the activities
described in paragraph (1);
(3) an entity determined to have owned, operated,
chartered, or controlled a vessel whose personnel are engaged
in the activities described in paragraph (1) at a time period
relating to the activities;
(4) an entity that commits any action described in section
608(c) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826i) as a basis to be put on the
IUU vessel list under such section; and
(5) an entity that has materially assisted, sponsored, or
provided financial, material, or technological support for,
or goods or services in support of, a foreign person or
foreign vessel described in paragraph (1).
(b) Sanctions Described.--The sanctions to be imposed under
subsection (a) are the following:
(1) Blocking of property.--Notwithstanding section 202 of
the International Emergency Economic Powers Act (50 U.S.C.
1701), the exercise of all powers granted to the President by
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) to the extent necessary to block and prohibit
all transactions in all property and interests in property of
a foreign person or entity described in subsection (a)
including, to the extent appropriate, the vessel of which the
person is the beneficial owner, if such property and
interests in property are in the United States, come within
the United States, or are or come within the possession or
control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--A foreign person
described in subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry documentation of a
foreign person described in subsection (a) shall be revoked,
regardless of when such visa or other entry documentation is
or was issued.
(ii) Immediate effect.--A revocation under clause (i)
shall, in accordance with section 221(i) of the Immigration
and Nationality Act (8 U.S.C. 1201(i))--
(I) take effect; and
(II) cancel any other valid visa or entry documentation
that is in the person's possession.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(d) National Interest Waiver.--The President may waive the
imposition of sanctions under this section with respect to a
foreign person or entity.
(e) Exceptions.--
(1) Exceptions for authorized intelligence and law
enforcement activities.--This section shall not apply with
respect to activities subject to the reporting requirements
under title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.) or any authorized intelligence, law
enforcement, or national security activities of the United
States.
(2) Exception to comply with international agreements.--
Sanctions under subsection (b)(2) shall not apply with
respect to the admission of an alien to the United States if
such admission is necessary to comply with the obligations of
the United States under the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or the
Convention on Consular Relations, done at Vienna April 24,
1963, and entered into force March 19, 1967, or other
international obligations.
(3) Exception for safety of vessels and crew.--Sanctions
under this section shall not apply with respect to a person
or entity providing provisions to a vessel identified under
section 608(c) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826i) if such provisions are
intended for the safety and care of the crew aboard the
vessel, or the maintenance of the vessel to avoid any
environmental or other significant damage.
(4) Humanitarian exception.--The President may not impose
sanctions under this section with respect to any person or
entity for conducting or facilitating a transaction for the
sale of agricultural commodities, food, medicine, or medical
devices or for the provision of humanitarian assistance.
(f) Rulemaking.--
(1) In general.--The President is authorized to promulgate
such rules and regulations as may be necessary to carry out
the provisions of this section (which may include regulatory
exceptions), including under section 205 of the International
Emergency Economic Powers Act (50 U.S.C. 1704).
(2) Rule of construction.--Nothing in this section, or in
any amendment made by this section, may be construed to limit
the authority of the President pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
(g) Definitions.--In this section:
(1) Admission; admitted; alien; lawfully admitted for
permanent residence.--The terms ``admission'', ``admitted'',
``alien'', and ``lawfully admitted for permanent residence''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(3) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
SEC. 1096E. AGREEMENTS.
(a) Presidential Negotiation.--In negotiating any relevant
agreement with a foreign nation or nations after the date of
enactment of this Act, the President is encouraged to
consider the impacts on or to IUU fishing and forced labor
and strive to ensure that the agreement strengthens efforts
to combat IUU fishing and forced labor.
(b) Secretary of State Encouragement.--Together with other
government partners, if appropriate, the Secretary of State
should encourage other nations to ratify treaties and
agreements that address IUU fishing to which the United
States is a party, including the UN Fish Stocks Agreement,
the High Seas Fishing Compliance Agreement, the Port State
Measures Agreement, and other applicable agreements, and
pursue bilateral and multilateral initiatives to raise
international ambition to combat IUU fishing, including in
the G7 and G20, the United Nations, the International Labor
Organization (ILO), and the International Maritime
Organization (IMO), and through voluntary multilateral
efforts. The bilateral and multilateral initiatives should
address underlying drivers of IUU fishing and forced labor,
such as the practice of transshipment, flags of convenience
vessels, and government subsidies of the distant water
fishing industry.
SEC. 1096F. ENFORCEMENT PROVISIONS.
(a) Increase Boarding of Vessels Suspected of IUU
Fishing.--The Commandant of the Coast Guard shall strive, in
accordance with the UN Fish Stocks Agreement, to increase,
from year to year, its observation of vessels on the high
seas that are suspected of IUU fishing and related harmful
practices, and is encouraged to consider boarding these
vessels to the greatest extent practicable.
(b) Follow up.--The Administrator shall, in consultation
with the Commandant of the Coast Guard and the Secretary of
State, coordinate regularly with regional fisheries
management organizations to determine what corrective
measures each country has taken after vessels that are
registered or documented by the country have been boarded for
suspected IUU fishing.
(c) Report.--Not later than 3 years after the date of
enactment of this Act and in accordance with information
management rules of the relevant regional fisheries
management organizations, the Commandant of the Coast Guard
shall submit a report to Congress on--
(1) the total number of bilateral agreements utilized or
enacted during Coast Guard counter-IUU patrols and future
patrol plans for operations with partner nations where
bilateral agreements are required to effectively execute the
counter-IUU mission and any changes to IUU provisions in
bilateral agreements;
(2) incidents of IUU fishing observed while conducting High
Seas Boarding and Inspections (HSBI), how the conduct is
tracked after referral to the respective country where the
vessel is registered or documented, and what actions are
taken to document or otherwise act on the enforcement, or
lack thereof, taken by the country;
(3) the country where the vessel is registered or
documented, the country where the vessel was previously
registered and documented if known, and status of a vessel
interdicted or observed to be engaged in IUU fishing on the
high seas by the Coast Guard;
(4) incident details on vessels observed to be engaged in
IUU fishing on the high seas, boarding refusals, and what
action was taken; and
(5) any other potential enforcement actions that could
decrease IUU fishing on the high seas.
SEC. 1096G. IMPROVED MANAGEMENT AT THE REGIONAL FISHERIES
MANAGEMENT ORGANIZATIONS.
(a) Interagency Working Group on IUU Fishing.--Section
3551(c) of the Maritime SAFE Act (16 U.S.C. 8031(c)) is
amended--
[[Page S4290]]
(1) in paragraph (13), by striking ``and'' after the
semicolon;
(2) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(15) developing a strategy for leveraging enforcement
capacity against IUU fishing, particularly focusing on
nations identified under section 609(a) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(a)); and
``(16) developing a strategy for leveraging enforcement
capacity against associated abuses, such as forced labor and
other illegal labor practices, and increasing enforcement and
other actions across relevant import control and assessment
programs, using as resources--
``(A) the List of Goods Produced by Child Labor or Forced
Labor produced pursuant to section 105 of the Trafficking
Victims Protection Reauthorization Act of 2005 (22 U.S.C.
7112);
``(B) the Trafficking in Persons Report required under
section 110 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107); and
``(C) United States Customs and Border Protection's Forced
Labor Division and enforcement activities and regulations
authorized under section 307 of the Tariff Act of 1930 (19
U.S.C. 1307).''.
(b) Secretary of State Identification.--The Secretary of
State, in coordination with the Commandant of the Coast Guard
and the Administrator, shall--
(1) identify regional fisheries management organizations
that the United States is party to that do not have a high
seas boarding and inspection program; and
(2) identify obstacles, needed authorities, or existing
efforts to increase implementation of these programs, and
take action as appropriate.
SEC. 1096H. STRATEGIES TO OPTIMIZE DATA COLLECTION, SHARING,
AND ANALYSIS.
Section 3552 of the Maritime SAFE Act (16 U.S.C. 8032) is
amended by adding at the end:
``(c) Strategies to Optimize Data Collection, Sharing, and
Analysis.--Not later than 3 years after the publication of
the strategic plan submitted under subsection (a), the
Working Group shall identify information and resources to
prevent fish and fish products from IUU fishing and forced
labor from entering United States commerce without increasing
burden or trade barriers on seafood not produced from IUU
fishing. The report shall include the following:
``(1) Identification of relevant data streams collected by
Working Group members.
``(2) Identification of legal, jurisdictional, or other
barriers to the sharing of such data.
``(3) In consultation with the Secretary of Defense,
recommendations for joint enforcement protocols,
collaboration, and information sharing between Federal
agencies and States.
``(4) Recommendations for sharing and developing forensic
resources between Federal agencies and States.
``(5) Recommendations for enhancing capacity for United
States Customs and Border Protection and National Oceanic and
Atmospheric Administration to conduct more effective field
investigations and enforcement efforts with U.S. state
enforcement officials.
``(6) Recommendations for improving data collection and
automated risk-targeting of seafood imports within the United
States' International Trade Data System and Automated
Commercial Environment.
``(7) Recommendations for the dissemination of IUU fishing
and forced labor analysis and information to those
governmental and non-governmental entities that could use it
for action and awareness, with the aim to establish an IUU
fishing information sharing center.
``(8) Recommendations for an implementation strategy,
including measures for ensuring that trade in seafood not
linked to IUU fishing and forced labor is not impeded.
``(9) An analysis of the IUU fishing policies and
regulatory regimes of other countries in order to develop
policy and regulatory alternatives for United States
consideration.''.
SEC. 1096I. INVESTMENT AND TECHNICAL ASSISTANCE IN THE
FISHERIES SECTOR.
(a) In General.--The Secretary of State, the Administrator
of the United States Agency for International Development,
and the Secretary of Commerce, in consultation with the heads
of relevant agencies, the Millennium Challenge Corporation,
and multilateral institutions such as the World Bank, are
encouraged to increase support to programs that provide
technical assistance, institutional capacity, and investment
to nations' fisheries sectors for sustainable fisheries
management and combating IUU fishing and forced labor. The
focus of such support is encouraged to be on priority regions
and priority flag states identified under section 3552(b) of
the Maritime SAFE Act (16 U.S.C. 8032(b)).
(b) Analysis of US Capacity-building Expertise and
Resources.--In order to maximize efforts on preventing IUU
fishing at its sources, the Interagency Working Group on IUU
Fishing established under section 3551 of the Maritime SAFE
Act (16 U.S.C. 8031) shall analyze United States capacity-
building expertise and resources to provide support to
nations' fisheries sectors. This analysis may include an
assessment of potential avenues for in-country public-private
collaboration and multilateral collaboration on developing
local fisheries science, fisheries management, maritime
enforcement, and maritime judicial capabilities.
SEC. 1096J. PREVENTING IMPORTATION OF SEAFOOD AND SEAFOOD
PRODUCTS FROM FOREIGN VESSELS USING FORCED
LABOR.
The Commissioner of U.S. Customs and Border Protection, in
coordination with the Secretary shall--
(1) develop a strategy for utilizing relevant United States
Government data to identify imports of seafood harvested on
foreign vessels using forced labor; and
(2) publish information regarding the strategy developed
under paragraph (1) on the website of U.S. Customs and Border
Protection.
SEC. 1096K. REPORTS.
(a) Impact of New Technology.--Not later than 1 year after
the date of enactment of this Act, the Secretary of Homeland
Security, in coordination with the Administrator and the
Working Group established under section 3551 of the Maritime
SAFE Act (16 U.S.C. 8031), shall conduct a study to assess
the impact of new technology (such as remote observing, the
use of drones, development of risk assessment tools and data-
sharing software, immediate containerization of fish on
fishing vessels, satellite Wi-Fi technology on fishing
vessels, and other technology-enhanced new fishing practices)
on IUU fishing and associated crimes (such as trafficking and
forced labor) and propose ways to integrate these
technologies into global fisheries enforcement and
management.
(b) Russian and Chinese Fishing Industries' Influence on
Each Other and on the United States Seafood and Fishing
Industry.--Not later than 2 years after the date of enactment
of this Act, the Secretary of State, with support from the
Secretary of Commerce and the Office of the United States
Trade Representative, shall--
(1) conduct a study on the collaboration between the
Russian and Chinese fishing industries and on the role of
seafood reprocessing in China (including that of raw
materials originating in Russia) in global seafood markets
and its impact on United States seafood importers,
processors, and consumers; and
(2) complete a report on the study that includes classified
and unclassified portions, as the Secretary of State
determines necessary.
(c) Fishermen Conducting Unlawful Fishing in the Economic
Exclusion Zone.--Section 3551 of the Maritime SAFE Act (16
U.S.C. 8031) is amended by adding at the end the following:
``(d) The Impacts of IUU Fishing and Forced Labor.--
``(1) In general.--The Administrator, in consultation with
relevant members of the Working Group, shall seek to enter
into an arrangement with the National Academies of Sciences,
Engineering, and Medicine under which the National Academies
will undertake a multifaceted study that includes the
following:
``(A) An analysis that quantifies the occurrence and extent
of IUU fishing and forced labor among flag states.
``(B) An evaluation of the costs to the United States
economy of IUU fishing and forced labor.
``(C) An assessment of the costs to the global economy of
IUU fishing and forced labor.
``(D) An assessment of the effectiveness of response
strategies to counter IUU fishing, including both domestic
programs and foreign capacity-building and partnering
programs.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection
$4,000,000.''.
(d) Report.--Not later than 24 months after the date of
enactment of this Act, the Administrator shall submit to
Congress a report on the study conducted under subsection (d)
of section 3551 of the Maritime SAFE Act that includes--
(1) the findings of the National Academies; and
(2) recommendations on knowledge gaps that warrant further
scientific inquiry.
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