[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3075 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3075
To address seafood slavery and combat illegal, unreported, or
unregulated fishing, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2021
Mr. Huffman (for himself and Mr. Graves of Louisiana) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committees on Ways and Means,
Transportation and Infrastructure, Agriculture, and Energy and
Commerce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To address seafood slavery and combat illegal, unreported, or
unregulated fishing, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Illegal Fishing and Forced Labor
Prevention Act''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Oppressive child labor.--The term ``oppressive child
labor'' has the meaning given such term in section 3 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(2) Forced labor.--The term ``forced labor'' means any
labor or service provided for or obtained by any means
described in section 1589(a) of title 18, United States Code.
(3) Human trafficking.--The term ``human trafficking'' has
the meaning given the term ``severe forms of trafficking in
persons'' in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102).
(4) Illegal, unreported, or unregulated fishing.--The term
``illegal, unreported, or unregulated fishing'' has the meaning
given such term in section 609 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)), as
amended by this Act.
(5) Seafood.--The term ``seafood'' means fish meal, and all
marine animal and plant life meant for consumption as food
other than marine mammals and birds, including fish, shellfish,
shellfish products, and processed fish.
(6) Seafood fraud.--The term ``seafood fraud'' means the
mislabeling or misrepresentation of the information required
under this Act or other any other Federal law or international
agreement (other than this Act) 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.
(7) Seafood import monitoring program.--The term ``Seafood
Import Monitoring Program'' means the Seafood Traceability
Program established under section 300.324 of title 50, Code of
Federal Regulations.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
TITLE I--COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT MONITORING
SEC. 101. DEFINITIONS.
In this title, the following additional definitions apply:
(1) Competent authority.--The term ``competent authority''
means government and any third party that meets certain
governing criteria. Such criteria shall be established by
regulation, after outreach to key environmental and labor
stakeholders.
(2) 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.
SEC. 102. EXPANSION OF SEAFOOD IMPORT MONITORING PROGRAM TO ALL
SPECIES.
The Secretary shall, not later than 2 years after the date of
enactment of this Act, expand the Seafood Import Monitoring Program to
apply to all seafood and seafood products imported into the United
States.
SEC. 103. AUTOMATED COMMERCIAL ENVIRONMENT.
The Secretary of Homeland Security acting through the Commissioner
of U.S. Customs and Border Protection, in coordination with the
Secretary of Commerce, shall, not later than 6 months after the date of
enactment of this Act, develop and implement a strategy to improve the
quality and verifiability of certain data elements in the Automated
Commercial Environment system that prioritizes the use of enumerated
data types, such as checkboxes, dropdown menus, or radio buttons, and
any additional elements the Agency finds necessary, among other
options, rather than open text fields, for--
(1) authorization to fish;
(2) unique vessel identifier (if available);
(3) catch document identifier;
(4) location of wild-capture harvest and landing or
aquaculture location;
(5) type of fishing gear used to harvest the fish;
(6) name of farm or aquaculture facility, if applicable;
and
(7) location of aquaculture facility, if applicable.
SEC. 104. ADDITIONAL DATA REQUIREMENTS FOR SEAFOOD IMPORT MONITORING
PROGRAM DATA COLLECTION.
(a) In General.--Not later than one year after date of enactment of
this Act, the Secretary shall revise section 300.324 of title 50, Code
of Federal Regulations, to--
(1) require at the time of entry for imported seafood and
seafood products--
(A) location of catch or cultivation, including--
(i) geographic location at a resolution of
not less than 1 degree latitude by 1 degree
longitude;
(ii) the country code of the International
Organization for Standardization if the catch
was within the exclusive economic zone or
territorial waters of a country;
(iii) if appropriate, the regional
fisheries management organization or
organizations having jurisdiction over the
catch, if it occurs within the jurisdiction of
any regional fisheries management organization;
and
(iv) the Food and Agriculture Organization
major fishing area codes;
(B) electronic reports of chain-of-custody records
that identify, including with unique vessel identifiers
when applicable, each custodian of the seafood,
including transshippers, processors, storage
facilities, and distributors and the physical address
of such facilities;
(C) maritime mobile service identity number of
harvesting and transshipment vessels; and
(D) beneficial owner of each harvesting and
transshipment vessel or aquaculture facility, when
applicable;
(2) require all importers submitting seafood import data to
require prior notification and submission of seafood import
data at least 72 hours and no more than 15 days prior to entry;
and
(3) require verification and certification of harvest
information by competent authorities at all major transfer
points in the supply chain, including harvest, landing,
processing, and transshipment at the time of entry.
(b) Forced Labor.--The Secretary, working in direct consultation
with the Secretary of Homeland Security, Department of Labor, and
Department of State, shall, not later than one year after the date of
enactment of this Act, complete a regulatory process to establish
additional key data elements for the Seafood Import Monitoring Program,
that collect information about labor conditions in the harvest,
transshipment, and processing of imported fish and fish products.
(c) International Fisheries Trade Permit.--Not later than one year
after the date of enactment of this Act, the Secretary shall--
(1) publish and maintain on the website of the National
Marine Fisheries Service a list of all current International
Fisheries Trade Permit holders, including the name of the
permit holder and expiration date of the permit;
(2) begin to revoke, modify, or deny issuance of an
International Fisheries Trade with respect to a permit holder
or applicant that has violated any requirement of section
300.322, 300.323, 300.324, or 300.325 of title 50, Code of
Federal Regulations; and
(3) require an International Fisheries Trade Permit for
importers.
SEC. 105. EFFORTS TO IMPROVE DETECTION OF AT-RISK SEAFOOD IMPORTS.
The Secretary of Commerce, in consultation with the Secretary of
Homeland Security, Secretary of Labor, and the Secretary of State,
shall, not later than one year after the date of enactment of this Act,
finalize a detailed strategic plan to develop, mature, and adopt
artificial intelligence and machine learning technologies to detect
imports of fish and fish products at risk of being associated with
illegal, unreported, or unregulated fishing, human trafficking, forced
labor, and seafood fraud, and provide a detailed report of such
strategic plan to the Committee on Natural Resources of the House of
Representatives, and Committee on Commerce of the Senate.
SEC. 106. IMPORT AUDITS.
(a) Audit Procedures.--The Secretary shall, not later than 1 year
after the date of enactment of this Act, implement procedures to audit
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 with respect to a
given year.
(b) Annual Revision.--In developing the procedures required in
subsection (a), the Secretary shall, not less frequently than once each
year, revise such procedures to prioritize for audit those imports
originating from countries--
(1) identified pursuant to sections 609(b) or 610(a) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(b) or 1826k(a)) that have not yet received a subsequent
positive certification pursuant to sections 609(d) or 610(c) of
such Act, respectively;
(2) identified by an appropriate regional fishery
management organization as being the flag state or landing
location of vessels identified by other countries or regional
fisheries management organizations as engaging in illegal,
unreported, or unregulated fishing;
(3) identified as having human trafficking, including
forced labor, in any part of the seafood supply chain,
including on vessels flagged in such country and including feed
for cultured production, in the most recent Trafficking in
Persons Report issued by the Department of State in accordance
with the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7101 et seq.);
(4) identified as producing goods that contain seafood
using forced labor or oppressive child labor in the most recent
List of Goods Produced by Child Labor or Forced Labor in
accordance with the Trafficking Victims Protection Act (22
U.S.C. 7101 et seq.); and
(5) identified as at risk for human trafficking, including
forced labor, in their seafood catching and processing
industries by the report required in section 3563 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92).
SEC. 107. INTERAGENCY COORDINATION.
The Secretary shall coordinate with the relevant agencies to ensure
that data elements described in this title can be submitted through the
International Trade Data System Automated Commercial Environment to
U.S. Customs and Border Protection.
SEC. 108. AVAILABILITY OF FISHERIES INFORMATION.
(a) In General.--Section 402(b)(1) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1881a(b)(1)) is amended by
striking ``or'' after the semicolon at the end of subparagraph (G), by
striking the period at the end of subparagraph (H) and inserting ``;
or'' , and by adding at the end the following:
``(I) to Federal agencies responsible for screening
of imported seafood and for the purpose of carrying out
the duties under or with respect to--
``(i) the Seafood Import Monitoring
Program;
``(ii) the Antarctic Marine Living
Resources Program;
``(iii) the Tuna Tracking and Verification
Program;
``(iv) the Atlantic Highly Migratory
Species International Trade Program;
``(v) the List of Goods Produced by Child
Labor or Forced Labor in accordance with the
Trafficking Victims Protection Act of 2000 (22
U.S.C. 7101 et seq.);
``(vi) the Trafficking in Persons Report
required by section 110 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C.
7107);
``(vii) enforcement activities and
regulations authorized under section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307); and
``(viii) the taking and related acts in
commercial fishing operations under section
216.24 of title 50, Code of Federal
Regulations;
``(J) to Federal, State and local agencies for the
purposes of verification and enforcement of title II of
this Act; or
``(K) information that pertains to catch
documentation and legality of catch, if disclosure of
that information would not materially damage the value
of catch or business.''.
(b) Implementation Deadline.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall issue regulations
implementing the amendments in this section.
SEC. 109. REPORT ON SEAFOOD IMPORT MONITORING.
(a) Report to Congress and Public Availability of Reports.--The
Secretary shall, not later than 120 days after the end of each fiscal
year and annually thereafter, submit to the Committee on Natural
Resources of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report that
summarizes the National Marine Fisheries Service's efforts to prevent
the importation of seafood harvested through illegal, unreported, or
unregulated fishing, particularly with respect to seafood harvested,
produced, processed, or manufactured by forced labor. Each such report
shall be made publicly available on the Internet website of the
National Oceanic and Atmospheric Administration.
(b) Contents.--Each report submitted under subsection (a) shall
include--
(1) the volume and value of seafood species subject to the
Seafood Import Monitoring Program, described in section 300.324
of title 50, Code of Federal Regulations, reported by 10-digit
Harmonized Tariff Schedule of the United States codes, imported
during the previous fiscal year;
(2) 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 this
program selected for inspection or the information or records
supporting entry selected for audit, as described in section
300.324(d) of title 50, Code of Federal Regulations;
(4) the number and types of instances of noncompliance with
the requirements of the Seafood Import Monitoring Program;
(5) the number and types of instances of violations of
State or Federal law discovered through the Seafood Import
Monitoring Program;
(6) the seafood species with respect to which violations
described in paragraphs (4) and (5) were most prevalent;
(7) the location of catch or harvest with respect to which
violations described in paragraphs (4) and (5) were most
prevalent; and
(8) such other information as the Secretary considers
appropriate with respect to monitoring and enforcing compliance
with the Seafood Import Monitoring Program.
SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Commissioner of U.S.
Customs and Border Protection to carry out enforcement actions pursuant
to section 307 of the Tariff Act $20,000,000 for each of fiscal years
2021 through 2025 for enforcement of section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
TITLE II--SEAFOOD TRACEABILITY AND LABELING
SEC. 201. FEDERAL ACTIVITIES ON SEAFOOD SAFETY AND FRAUD.
(a) National Sea Grant College Program.--The Administrator of the
National Oceanic and Atmospheric Administration shall ensure that
seafood inspection activities are coordinated with the National Sea
Grant College Program established by the National Sea Grant College and
Program Act of 1966 (33 U.S.C. 1121 et seq.) which may provide outreach
to the States, local health agencies, consumers, and the seafood
industry on seafood safety and seafood fraud, as needed.
(b) Inspecting To Prevent Seafood Fraud.--The Secretary of Commerce
and the Secretary of Health and Human Services, in coordination with
the Secretary of Homeland Security, shall, to the maximum extent
practicable, ensure that inspections and tests for seafood safety also
collect information for seafood fraud prevention.
SEC. 202. SEAFOOD LABELING AND IDENTIFICATION.
(a) In General.--The Secretary, in coordination with other relevant
agencies shall, not later than three years after the date of enactment
of this Act, implement the following requirements with respect to fish
and fish products imported into the United States or otherwise
distributed or offered for sale in interstate commerce:
(1) Traceability.--A requirement that the following
information shall accompany seafood through processing and
distribution:
(A) The United Nations Food and Agriculture
Organization Major Fishing Area, or a more specific
location, in which the seafood was caught or
cultivated.
(B) The acceptable market name (as determined by
the Food and Drug Administration), scientific name, and
specific Aquatic Sciences and Fisheries Information
System number of the Fisheries and Aquaculture
Statistics Information Service of the United Nations
Food and Agriculture Organization for the seafood
species.
(C) Whether the seafood was harvested wild or was
farm-raised.
(D) The method of harvest of the seafood, including
gear type as listed in section 600.725 of title 50,
Code of Federal Regulations, or successor regulation,
and defined in section 600.10 of such title, or
successor regulation.
(E) The date of the catch or harvest.
(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 National Oceanic and Atmospheric
Administration Fisheries International Fisheries Trade
Permit number issued to the importer of record for the
entry, if applicable.
(2) Labeling.--The following information shall be included
in the labeling of seafood through processing, distribution,
and final sale:
(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.
(C) Whether the seafood was farm-raised along with
information regarding the country of cultivation, the
location of the aquaculture production area, and the
method of cultivation.
(b) Production Codes.--The Secretary shall allow compliance with
subsection (a) through the use of production codes, quick response
codes, or other types of commonly used processing codes and electronic
bar coding methods.
(c) Safe Harbor.--No importer, processor, distributor, or retailer
may be found to be in violation of the requirements of this section for
unknowingly selling a product that was already mislabeled upon receipt,
provided that the importer, processor, distributor, or retailer can
provide the required product traceability documentation.
SEC. 203. FEDERAL ENFORCEMENT.
(a) Enforcement by Secretary.--The Secretary of Commerce shall
prevent any person from violating this Act in the same manner, by the
same means, and with the same jurisdiction, powers, and duties as
though section 307 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1857) was incorporated into and made a part
of and applicable to this Act.
(b) List of Offenders.--The Secretary of Commerce, in consultation
with the Secretary of Health and Human Services, shall develop,
maintain, and post on the public website of the Department of Commerce
a list that--
(1) includes, by country, each exporter whose seafood 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 of Commerce, in consultation with
the Secretary of Health and Human Services, shall--
(1) increase, as resources allow, the number of foreign and
domestic seafood shipments that are audited or inspected for
seafood fraud and illegal, unreported, or unregulated fishing
by National Oceanic and Atmospheric Administration auditors and
authorized officers, including verification of compliance with
the traceability requirements of section 104(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
one year after the date of enactment of this Act, the Secretary
of Commerce, 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 seafood safety, preventing
illegal, unreported, or unregulated fishing and human
trafficking, including forced labor, and 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 such cooperation described in such 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 forensic tools
including means to fill existing gaps in
capabilities and eliminate duplication; and
(iii) 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 food
safety, adulteration and misbranding, by the
Food and Drug Administration beginning not
later than one year after the date of enactment
of this Act; and
(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;
(E) to create a process by which--
(i) data collected by inspectors and
officers of other Federal, State, or local
agencies authorized to conduct inspections of
seafood, or inspections of facilities that
process or sell seafood, or data from import
analysts, will be used by the Food and Drug
Administration for risk-based screening of
seafood shipments; and
(ii) data collected by such inspectors and
officials is shared with the National Oceanic
and Atmospheric Administration, U.S. Customs
and Border Protection, Department of Labor, and
the Food and Drug Administration to maximize
efficiency and enforcement of seafood safety
and fraud prevention; and
(F) to ensure that officers and employees of the
National Oceanic and Atmospheric Administration are
utilized 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.
SEC. 204. STATE ENFORCEMENT.
(a) In General.--Whenever the attorney general of a State, or an
official or agency designated by a State, has reason to believe that
any person has engaged or is engaging in a pattern or practice of
seafood fraud in violation of section 203, the State may bring a civil
action on behalf of its residents to enjoin fraud, an action to recover
for actual monetary loss or receive $10,000 in damages for each
violation, or both such actions.
(b) Willful or Knowing Violations.--If the court finds the
defendant willfully or knowingly violated this Act, the court may
increase the amount of the award to an amount equal to not more than 3
times the amount available under subsection (a).
SEC. 205. EFFECT ON STATE LAW.
Nothing in this title 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 Act.
TITLE III--STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT
HUMAN TRAFFICKING
SEC. 301. DENIAL OF PORT PRIVILEGES.
Section 101(a)(2) of the High Seas Driftnet Fisheries Enforcement
Act (16 U.S.C. 1826a(a)(2)) is amended to read as follows:
``(2) Denial of port privileges.--The Secretary of Homeland
Security shall, in accordance with international law--
``(A) withhold or revoke the clearance required by
section 60105 of title 46, United States Code, for any
large-scale driftnet fishing vessels of a nation that
receives a negative certification under sections 609(d)
or 610(c) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826j(d) or 1826k(c)), or
fishing vessels of a nation that has been listed
pursuant to sections 609(b) or 610(a) of such Act (16
U.S.C. 1826j(b) or 1826k(a)) in two or more consecutive
reports as described under section 607 of such Act (16
U.S.C. 1826h), until a positive certification has been
received; and
``(B) withhold or revoke the clearance required by
section 60105 of title 46, United States Code, for
fishing vessels of a nation that has been listed
pursuant to sections 609(b) or 610(a) of such Act (16
U.S.C. 1826j(b) or 1826k(a)) in two or more consecutive
reports as described under section 607 of such Act (16
U.S.C. 1826h); and
``(C) deny entry of that vessel to any place in the
United States and to the navigable waters of the United
States, except for the purposes of inspecting such
vessel, conducting an investigation, or taking other
appropriate enforcement action.''.
SEC. 302. IDENTIFICATION AND CERTIFICATION CRITERIA.
(a) Denial of Port Privileges.--Strike subsections (a) and (b) of
section 609 of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826j(a) and (b)), and insert the following:
``(a) Cooperation With Governments.--
``(1) Information collection.--The Secretary, in
consultation with the Secretary of State, shall engage with
each flag, coastal, port, and market nation that exports
seafood to the United States to collect information sufficient
to evaluate the effectiveness of such nation's management of
fisheries and control systems to prevent illegal, unreported,
or unregulated fishing.
``(2) Recommendations.--The Secretary, in consultation with
the Secretary of State, shall provide recommendations to such
nations to resolve compliance gaps and improve fisheries
management and control systems in order to assist such nations
in preventing illegal, unreported, or unregulated fishing.
``(b) Identification and Warning.--
``(1) For actions of a fishing vessel.--The Secretary shall
identify and list in the report required by section 607 a
nation if a fishing vessel of such nation is engaged or has, in
the preceding 3 years, engaged in illegal, unreported, or
unregulated fishing. The Secretary shall include all nations
that qualify for identification, regardless of whether the
Secretary has engaged in the process described in this
subsection or under subsection (a). Any of the following
relevant information is sufficient to form the basis of an
identification:
``(A) compliance reports;
``(B) data or information from international
fishery management organizations, a foreign government,
or an organization or stakeholder group;
``(C) information submitted by the public;
``(D) information submitted to the Secretary under
section 402(a) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1881a(a));
``(E) import data collected by the Secretary
pursuant to part 300.324 of title 50, Code of Federal
Regulations; and
``(F) information compiled from a Federal agency,
including, the Coast Guard and agencies within the
Interagency Working Group on Illegal, Unreported, and
Unregulated Fishing.
``(2) For actions of a nation.--The Secretary shall
identify, and list in such report, a nation engaging in or
endorsing illegal, unreported, or unregulated fishing,
including the following:
``(A) Any nation that is failing, or has failed in
the preceding 3-year period, to cooperate with the
United States government in providing information about
their fisheries management and control systems
described in subsection (a) of this section.
``(B) Any nation that is violating, or has violated
at any point during the preceding 3 years, conservation
and management measures, including catch and other data
reporting obligations and requirements, required under
an international fishery management agreement.
``(C) Any nation that is failing, or has failed in
the preceding 3-year period, to effectively address or
regulate illegal, unreported, or unregulated fishing
within its fleets in any areas where its vessels are
fishing.
``(D) Any nation that fails to discharge duties
incumbent upon it under international law or practice
as a flag, port, or coastal state to take action to
prevent, deter, and eliminate illegal, unreported, or
unregulated fishing.
``(E) Any nation that provides subsidies that--
``(i) contribute to illegal, unreported, or
unregulated fishing or increased capacity and
overfishing at proportionally higher rates than
subsidies that promote fishery resource
conservation and management; or
``(ii) that otherwise undermine the
effectiveness of any international fishery
conservation program.
``(F) Any nation that has been identified as having
human trafficking, including forced labor, in any part
of the seafood supply chain in the most recent
Trafficking in Persons Report issued by the Department
of State in accordance with the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7101 et seq.).
``(G) Any nation that has been identified as
producing seafood-related goods through forced labor or
oppressive child labor in the most recent List of Goods
Produced by Child Labor or Forced Labor in accordance
with the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7101 et seq.).
``(H) Any nation that has been identified as at
risk for human trafficking, including forced labor, in
their seafood catching and processing industries in the
report required in section 3563 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92).
``(3) Warning.--The Secretary shall issue a warning to each
nation identified under this subsection.
``(4) Timing.--The Secretary shall make an identification
under paragraphs (1) or (2) at any time that the Secretary has
sufficient information to make such identification.''.
(b) Illegal, Unreported, or Unregulated Certification
Determination.--Section 609(d)(1) of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826j(d)(1)) is amended to read as
follows:
``(1) Certification determination.--
``(A) In general.--The Secretary shall establish a
procedure for certifying whether a nation identified
under subsection (b) has taken appropriate corrective
action with respect to the offending activities
identified under section (b) that has led to measurable
improvements in the reduction of illegal, unreported,
or unregulated fishing and any underlying regulatory,
policy, or practice failings or gaps that may have
contributed to such identification.
``(B) Opportunity for comment.--The Secretary shall
ensure that the procedure established under
subparagraph (A) provides for notice and an opportunity
for comment by the identified nation.
``(C) Determination.--The Secretary shall,
consistent with such procedure, determine and certify
to the Congress not later than 90 days after the date
on which the Secretary issues a final rule containing
the procedure, and biennially thereafter--
``(i) whether the government of each nation
identified under subsection (b) has provided
documentary evidence that such nation has taken
corrective action with respect to such
identification; or
``(ii) whether the relevant international
fishery management organization has taken
corrective action that has ended the illegal,
unreported, or unregulated fishing activity by
vessels of that nation.
``(2) Alternative procedure.--The Secretary may establish a
procedure to authorize, on a shipment-by-shipment, shipper-by-
shipper, or other basis the importation of fish or fish
products from a fishery within a nation issued a negative
certification under paragraph (1) if the Secretary--
``(A) determines the fishery has not engaged in
illegal, unreported, or unregulated fishing under an
international fishery management agreement to which the
United States is a party;
``(B) determines the fishery is not identified by
an international fishery management organization as
participating in illegal, unreported, or unregulated
fishing activities; and
``(C) ensures that any such seafood or seafood
products authorized for entry under this section are
imported consistent with the reporting and the
recordkeeping requirements of Seafood Import Monitoring
Program described in part 300.324(b) of title 50, Code
of Federal Regulations (or any successor regulation).
``(3) Effect of certification determination.--
``(A) Effect of negative certification.--The
provisions of subsections (a) and (b)(3) and (4) of
section 101 of the High Seas Driftnet Fisheries
Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4))
shall apply to any nation that, after being identified
and warned under subsection (b) has failed to take the
appropriate corrective actions for which the Secretary
has issued a negative certification under this
subsection.
``(B) Effect of positive certification.--The
provisions of subsections (a) and (b)(3) and (4) of
section 101 of the High Seas Driftnet Fisheries
Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4))
shall not apply to any nation identified under
subsection (a) for which the Secretary has issued a
positive certification under this subsection.''.
SEC. 303. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING DEFINED.
(a) Definition of Illegal, Unreported, or Unregulated Fishing in
the High Seas Driftnet Fishing Moratorium Protection Act.--Section
609(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826j(e)) is amended to read as follows:
``(e) Illegal, Unreported, or Unregulated Fishing Defined.--In this
title, the term `illegal, unreported, or unregulated fishing' means any
activity set out in paragraph 3 of the 2001 Food and Agriculture
Organization International Plan of Action to Prevent, Deter and
Eliminate Illegal, Unreported, and Unregulated Fishing.''.
(b) Definition of Illegal, Unreported, or Unregulated Fishing in
the Magnuson-Stevens Fishery Conservation and Management Act.--Section
3 of the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1802) is amended by adding at the end the following:
``(51) The term `illegal, unreported, or unregulated
fishing' means any activity set out in paragraph 3 of the 2001
Food and Agriculture Organization International Plan of Action
to Prevent, Deter and Eliminate Illegal, Unreported, and
Unregulated Fishing.''.
(c) Rule of Construction.--In construing the term ``illegal,
unreported, or unregulated fishing'' for purposes of the High Seas
Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens
Fishery Conservation and Management Act, the Secretary shall follow
internationally recognized labor rights stated in the International
Labour Organization Declaration on Fundamental Principles and Rights at
Work and its Follow-Up (1998), including--
(1) freedom of association and the effective recognition of
the right to collective bargaining;
(2) the elimination of all forms of forced or compulsory
labor;
(3) the effective abolition of oppressive child labor, a
prohibition on the worst forms of child labor, and other labor
protections for children and minors;
(4) the elimination of discrimination in respect of
employment and occupation; and
(5) acceptable conditions of work with respect to minimum
wages, hours of work, and occupational safety and health.
SEC. 304. EQUIVALENT CONSERVATION MEASURES.
(a) Identification.--Section 610(a) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)) is amended to
read as follows:
``(a) Identification.--
``(1) The Secretary shall identify and list in the report
under section 607--
``(A) a nation if--
``(i) any fishing vessel of that country is
engaged, or has been engaged during the
preceding 3 years in fishing activities or
practices on the high sees or within the
exclusive economic zone of another country,
that have resulted in bycatch of a protected
living marine resource; and
``(ii) the vessel's flag state has not
adopted, implemented, and enforced a regulatory
program governing such fishing designed to end
or reduce such bycatch that is comparable to
the regulatory program of the United States;
and
``(B) a nation if--
``(i) any fishing vessel of that country is
engaged, or has engaged during the preceding 3
years, in fishing activities on the high sees
or within the exclusive economic zone of
another country that target or incidentally
catch sharks; and
``(ii) the vessel's flag state has not
adopted, implemented, and enforced a regulatory
program to provide for the conservation of
sharks, including measures to prohibit removal
of any of the fins of a shark, including the
tail, before landing the shark in port that is
comparable to that of the United States.
``(2) Timing.--The Secretary shall make an identification
under paragraph (1) at any time that the Secretary has
sufficient information to make such identification.''.
(b) Consultation and Negotiation.--Section 610(b) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(b)) is
amended to read as follows:
``(b) Consultation and Negotiation.--The Secretary of State, acting
in conjunction with the Secretary, shall--
``(1) notify, as soon as possible, the President, nations
that have been identified under subsection (a), and other
nations whose vessels engage in fishing activities or practices
described in subsection (a), about the provisions of this Act;
``(2) initiate discussions as soon as possible with all
foreign countries which are engaged in, or a fishing vessel of
which has engaged in, fishing activities described in
subsection (a), for the purpose of entering into bilateral and
multilateral treaties with such countries to protect such
species and to address any underlying failings or gaps that may
have contributed to identification under this Act;
``(3) seek agreements calling for international
restrictions on fishing activities or practices described in
subsection (a) through the United Nations, the Food and
Agriculture Organization's Committee on Fisheries, and
appropriate international fishery management bodies; and
``(4) initiate the amendment of any existing international
treaty for the protection and conservation of such species to
which the United States is a party in order to make such treaty
consistent with the purposes and policies of this section.''.
(c) Conservation Certification Procedure.--Section 610(c) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826k(c)) is amended--
(1) in subparagraph (A) of paragraph (1), by striking ``,
taking into account different conditions,'';
(2) in paragraph (2), by inserting ``the public and'' after
``by'';
(3) in paragraph (4)--
(A) in subparagraph (A), by striking ``, taking
into account different conditions'';
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) ensures that any such fish or fish products
authorized for entry under this section are imported
consistent with the reporting and the recordkeeping
requirements of the Seafood Import Monitoring Program
established by part 300.324(b) of title 50, Code of
Federal Regulations (or any successor regulations).'';
and
(4) in paragraph (5), by striking ``(except to the extent
that such provisions apply to sport fishing equipment or fish
or fish products not caught by the vessels engaged in illegal,
unreported, or unregulated fishing)''.
SEC. 305. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall promulgate regulations implementing this title.
TITLE IV--MARITIME SAFE AMENDMENTS
SEC. 401. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING WORKING GROUP
RESPONSIBILITIES.
Section 3551(c) of the Maritime SAFE Act (Public Law 116-92) is
amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) in paragraph (13), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end:
``(14) developing a strategy for leveraging enforcement
capacity against illegal, unreported, or unregulated fishing
and increasing enforcement and other actions across relevant
import control and assessment programs including--
``(A) the Seafood Import Monitoring Program
described in part 300.324(b) of title 50, Code of
Federal Regulations (or any successor regulation);
``(B) 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);
``(C) the List of Nations with vessels engaged in
illegal, unreported, or unregulated fishing pursuant to
section 607 of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826h);
``(D) the Trafficking in Persons Report required by
section 110 of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7107);
``(E) U.S. 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); and
``(F) other relevant programs of Working Group
member agencies; and
``(15) assessing areas for increased information sharing
and collaboration among Federal Working Group member agencies
and State-based enforcement, wildlife, and fisheries management
agencies to identify, interdict, investigate, and prosecute
illegal, unreported, or unregulated fishing and fraudulent
seafood imports into the United States that were a product of
such fishing, including through implementation of the Seafood
Import Monitoring Program. The Federal Working Group shall
emphasize developing, updating, and employing risk screens to
analyze harvest, traceability, and verification and
certification information in real time as a key pathway to
trigger product audits and enforcement actions.''.
SEC. 402. STRATEGIC PLAN.
Section 3552 of the Maritime SAFE Act (Public Law 116-92) is
amended by adding at the end:
``(c) Strategies To Optimize Data Collection, Sharing, and
Analysis.--
``(1) In general.--The strategic plan submitted under
subsection (a) shall identify information and resources to
prevent illegal, unreported, or unregulated fishing or
fraudulently labeled or otherwise misrepresented seafood from
entering United States commerce. The report shall include a
timeline for implementation of recommendations with respect to
each of the following:
``(A) Identification of relevant data streams
collected by Working Group members.
``(B) Identification of legal, jurisdictional, or
other barriers to the sharing of such data.
``(C) Strategies for integrating data streams
through the International Trade Data System Automated
Commercial Environment or other relevant digital
platforms.
``(D) Recommendations for enhancing the automated
risk targeting and effectiveness of risk analysis and
detection of illegal, unauthorized, or unreported
fishing and fraudulent seafood through the Seafood
Import Monitoring Program.
``(E) Recommendations for improving the utility and
effectiveness of the Commercial Targeting and Analysis
Center in detecting illegal, unauthorized, or
unreported fishing and fraudulent products through
adoption of these strategies or other enhancements.
``(F) Recommendations for joint enforcement
protocols, collaboration, and information sharing
between Federal agencies and States.
``(G) Recommendations for sharing and developing
forensic resources between Federal agencies and States.
``(H) Recommendations for enhancing capacity for
U.S. Customs and Border Protection and National Oceanic
and Atmospheric Administration to conduct field
investigations and to coordinate enforcement efforts
with State enforcement officials.
``(I) An implementation strategy, with milestones
and deadlines and specific budgetary requirements, for
implementing recommendations described in the report.
``(2) Progress report.--Not later than 2 years after
submission of the 5-year integrated strategic plan, 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 Transportation
and Infrastructure of the House of Representatives, 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 on progress in implementing the
recommendations described in this subsection.''.
SEC. 403. AUTHORITY TO HOLD FISH PRODUCTS.
Section 311(b)(1) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861(b)) is amended--
(1) in subparagraph (B), striking ``; and'' and inserting a
semicolon;
(2) in subparagraph (C), striking the period and inserting
``; and''; and
(3) by adding at the end the following a new subparagraph:
``(D) detain, for a period of up to 14 days, any
shipment of fish or fish product imported into, landed
on, introduced into, exported from, or transported
within the jurisdiction of the United States, or, if
such fish or fish product is deemed to be perishable,
sell and retain the proceeds therefrom for a period of
up to 21 days.''.
TITLE V--MARITIME AWARENESS
SEC. 501. AUTOMATIC IDENTIFICATION SYSTEM REQUIREMENTS.
(a) Sense of Congress.--It is the sense of Congress that automatic
identification systems, originally conceived for collision avoidance,
are the best available tool to track spatio-temporal fishing efforts
and gear deployment in the exclusive economic zone of the United States
and on the high seas in order to manage shared use of the ocean,
improve fisheries and natural resource management, and deter and
interdict illegal, unreported, or unregulated fishing and associated
human trafficking, including forced labor and oppressive child labor.
(b) Requirement for Fishing Vessels To Have Automatic
Identification Systems.--Section 70114(a)(1) of title 46, United States
Code, is amended--
(1) by inserting ``in the United States exclusive economic
zone, or on the high seas,'' after ``States,'';
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) A fishing vessel, fish processing vessel, and
fish tender vessel of more than 50 feet overall in
length.''.
(c) Availability of Data.--Section 70114 of title 46, United States
Code, is amended by adding at the end the following:
``(c) Availability of Data.--The Secretary shall make data
collected by the Coast Guard Nationwide Automatic Identification System
available to the public in archived form, and to governments and
government-sponsored entities upon request and approval pursuant to
Commandant Instruction 5230.80 and International Telecommunications
Union Recommendation ITU-R M.1371-3.''.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for fiscal year 2022, $5,000,000, to
remain available until expended, to purchase automatic identification
systems for fishing vessels, fish processing vessels, fish tender
vessels more than 50 feet in length, as described under this title and
the amendments made by this title.
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