[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7209 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7209
To provide for the establishment of a Caribbean and Latin America
Maritime Security Initiative to combat illegal, unreported, and
unregulated fishing in the Caribbean and Latin America, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 1, 2024
Mr. Peters (for himself and Mr. Gimenez) introduced the following bill;
which was referred to the Committee on Foreign Affairs, and in addition
to the Committees on Armed Services, Transportation and Infrastructure,
the Judiciary, Financial Services, and Natural Resources, 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 provide for the establishment of a Caribbean and Latin America
Maritime Security Initiative to combat illegal, unreported, and
unregulated fishing in the Caribbean and Latin America, 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 ``Caribbean and Latin America Maritime
Security Initiative Act of 2024''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Illegal, unreported, and unregulated (in this Act
referred to as ``IUU'') fishing is contrary to the United
States commitment to sovereign rights, a rules-based global
order, and relevant international treaties and obligations
governing exclusive economic zones and environmental
protections.
(2) IUU fishing undermines the sustainable management of
protected living marine resources.
(3) The sustainable harvest of fish stocks is directly
linked to food and economic security both for the United States
and around the globe.
(4) In 2019, Congress passed the Maritime Security and
Fisheries Enforcement Act (Public Law 116-92) to support a
whole-of-government approach across the Federal Government to
counter IUU fishing and related threats to maritime security
and take action to curtail the global trade in seafood and
seafood products derived from IUU fishing, including its links
to forced labor and transnational organized illegal activity.
(5) The People's Republic of China maintains a distant-
water fishing fleet, which engages in a variety of problematic
behavior in Latin America's waters, including--
(A) overfishing;
(B) the deliberate catching of protected living
marine resources; and
(C) often entering the exclusive economic zones and
marine protected areas of the region and suspected of
fishing without authorization.
(6) China's distant water fleet facilitates its attempts to
strengthen bilateral relationships, cultivate influence, and
affect specific policy or diplomatic outcomes.
(7) Chinese IUU fishing without authorization in other
countries' waters demonstrates China's drive to capture the
region's resources and undermines countries' sovereign rights.
SEC. 3. CARIBBEAN AND LATIN AMERICA MARITIME SECURITY INITIATIVE.
(a) Program Required.--The Secretary of Defense, the Secretary of
Homeland Security, the Secretary of State, and the heads of other
relevant Federal agencies shall cooperate to carry out a program, to be
known as the ``Caribbean and Latin America Maritime Security
Initiative'', in support of strengthening maritime security
partnerships in the Caribbean and Latin America using assets of the
Department of Defense, the Department of Homeland Security, and other
relevant Federal departments and agencies, as determined necessary.
(b) Program Goals.--The goals of the program required under
subsection (a) shall be, to the extent practicable--
(1) to enhance cooperation between personnel of the Coast
Guard, the Department of Defense, other relevant Federal
departments and agencies, and, where appropriate, the maritime
forces of countries that are allies and partners of the United
States in the Caribbean and Latin America;
(2) to strengthen the participation and coordination of the
Coast Guard and, where appropriate, the Department of Defense
and other relevant Federal departments and agencies, in
regional organizations dedicated to coordination and
cooperation in support of the fisheries policies that align
with customary international law and United States standards,
ocean conservation, maritime security, and related initiatives
of the Caribbean and Latin America;
(3) to enhance partner country--
(A) maritime domain awareness;
(B) capability to perform fisheries management and
law enforcement activities within their exclusive
economic zones, including through international
coordination; and
(C) legal capacity to develop and enforce effective
domestic laws and regulations, including those
necessary to implement international legal commitments,
effectively protect the marine environment, and combat
IUU fishing;
(4) to increase the capabilities of the Coast Guard
personnel and other relevant Federal departments and agencies
authorized to address IUU fishing to support law enforcement,
maritime protection, and capacity-building initiatives in the
Caribbean and Latin America;
(5) to support partner country access to, or acquisition
of, capabilities to improve maritime domain awareness, improve
the ability to monitor fisheries and other marine resources,
and strengthen natural disaster warning and response;
(6) to encourage Caribbean and Latin American flag states
to mandate the use of vessel tracking technologies, including
vessel monitoring systems, automatic identification systems, or
other vessel movement monitoring technologies on fishing
vessels and transshipment vessels flagged by these countries
and foreign vessels authorized to operate in their exclusive
economic zones at all times, as appropriate, while at sea as a
means to identify IUU fishing activities and the shipment of
illegally caught fish products; and
(7) to document instances of private commercial entities or
government owned fishing vessels fishing without authorization
in the exclusive economic zones of countries in the Caribbean
and Latin America.
(c) Combating IUU Fishing in Caribbean and Latin America.--Under
the program required by subsection (a), the Secretary of Defense, the
Secretary of State, the Secretary of Homeland Security, and the heads
of other relevant Federal agencies shall jointly assess opportunities
to combat IUU fishing by expanding, as appropriate, the use of the
following mechanisms with respect to countries in the Caribbean and
Latin America:
(1) The systematic inclusion of counter-IUU fishing as a
mission in existing maritime law enforcement agreements
concerning operational cooperation to suppress illicit
transnational maritime activity to which the United States is a
party.
(2) Entering into such agreements that include counter-IUU
fishing as an objective with countries with which the United
States has not already entered into such an agreement.
(3) The inclusion of counter-IUU fishing as part of the
mission of the Combined Maritime Forces.
(4) The inclusion of Coast Guard-led counter-IUU fishing
exercises in the annual Department of Defense-led at-sea
exercises conducted with partner countries in the Caribbean and
Latin America, including, if appropriate, participation by
other relevant United States agencies.
(d) Friendly Foreign Country Operation Designation.--The Secretary
of Defense may designate the program required by subsection (a) under
section 331(b) of title 10, United States Code, as an operation for
which support may be provided under such section to countries in the
Caribbean and Latin America Security Initiative, if the support will be
provided solely to governmental organizations of recipient countries
for which maritime security is among their functional responsibilities.
(e) Strategy Required.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, the Secretary of
State, the Secretary of Homeland Security, and the Secretary of
Commerce shall jointly submit to the appropriate congressional
committees a report that includes the following:
(1) A review of the ongoing efforts of the United States to
develop the institutional capacity of partner countries in the
Caribbean and Latin America to prosecute cases involving IUU
fishing under their existing laws or through relevant
international legal instruments, guidance, and institutions
governing environmental protection, territorial sovereignty,
and maritime law.
(2) An estimate of the number of vessels flying flags of
convenience in the Caribbean and Latin America, the scope of
the problems caused by the flying of such flags, and an
analysis of actions that could be taken by the United States in
conjunction with partner countries to deter the flying of such
flags.
(3) An assessment of the authorities and resources needed
to support the institutional capacity building of partner
countries to mitigate the flying of flags of convenience.
(4) An assessment of actions that could be taken by the
Department of State with other relevant Federal departments and
agencies to partner with relevant international organizations
to mitigate IUU fishing, including international legal
coordination and data sharing, enforcement practices, and
holding flag States responsible for IUU fishing practices.
(5) An assessment of actions that could be taken by the
United States to partner with relevant nongovernmental
organizations to promote awareness of the ramifications of IUU
fishing and to work with Caribbean and Latin American states to
build legal authorities needed to prosecute cases involving IUU
fishing and enforce fishery conservation and management
measures.
(6) An assessment of actions that could be taken by the
United States to highlight the IUU fishing behavior of vessels
flagged to countries, including China, and the harm caused by
IUU fishing to partner countries and to the environment.
(7) A review of ongoing efforts by the United States to
promote maritime security, environmental protection, and
fisheries sustainability in the Caribbean and Latin America.
(8) For each maritime law enforcement agreement or other
agreement relevant to international cooperation and law
enforcement on fisheries issues entered into with any country
in the Caribbean or Latin America--
(A) an identification of the countries party to the
agreement;
(B) an identification of the fiscal year during
which the agreement was entered into; and
(C) a description of the contents of the agreement.
(9) A review of institutional barriers, including
authorities to enter into maritime law enforcement agreements
and funding needed to execute maritime law enforcement
agreements, within Federal departments.
(10) An assessment of how many interdictions and high seas
boarding and inspections of fishing vessels for suspected IUU
fishing activities occurred during the 12-month period
preceding the date of the enactment of this Act in the
geographic areas of responsibility of United States Northern
Command and United States Southern Command.
(11) The number of counter-IUU fishing missions completed
by allies and partners in the Caribbean and Latin America with
support from the Department of Defense or the Coast Guard
during the 12-month period preceding the date of the enactment
of this Act.
(12) A review of the total number of vessels engaged in
suspected IUU fishing detected in the Caribbean and Latin
America by the United States or its allies and partners and the
country of origin for each such vessel during the calendar year
preceding the date of the enactment of this Act.
(13) An assessment of any additional authorities necessary,
including the expansion or modification of international
cooperation agreements, treaties, and other legal vehicles, to
enhance the efficacy of the Caribbean and Latin America
Maritime Security Initiative.
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs, the Committee
on Natural Resources, the Committee on Financial
Services, the Committee on Armed Services, the
Committee on Transportation and Infrastructure, and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Commerce, Science, and Transportation, the
Committee on Banking, the Committee on Armed Services,
and the Committee on Appropriations of the Senate.
(2) The term ``the Caribbean and Latin America'' means any
of the following countries, territories, and bodies of water:
(A) The Gulf of Mexico.
(B) The Bahamas.
(C) Antigua and Barbuda.
(D) Argentina.
(E) Barbados.
(F) Belize.
(G) Bolivia.
(H) Brazil.
(I) Chile.
(J) Colombia.
(K) Costa Rica.
(L) Dominica.
(M) Dominican Republic.
(N) Ecuador.
(O) El Salvador.
(P) Grenada.
(Q) Guatemala.
(R) Guyana.
(S) Haiti.
(T) Honduras.
(U) Jamaica.
(V) Nicaragua.
(W) Panama.
(X) Paraguay.
(Y) Peru.
(Z) Saint Kitts and Nevis.
(AA) Saint Lucia.
(BB) Saint Vincent and the Grenadines.
(CC) Suriname.
(DD) Trinidad and Tobago.
(EE) Turks and Caicos.
(FF) Uruguay.
(3) The term ``exclusive economic zone'' means, with
respect to a country, the zone contiguous to the territorial
sea, as designated by the country--
(A) that extends a maximum distance of 200 nautical
miles from the baseline from which the breadth of the
territorial sea is measured, in accordance with
international law; and
(B) where the country has, to the extent permitted
by international law--
(i) sovereign rights for the purpose of
exploring, exploiting, conserving, and managing
natural resources, both living and non-living,
of the seabed and subsoil and the superjacent
waters and with regard to other activities for
the economic exploitation and exploration; and
(ii) jurisdiction with regard to the
establishment and use of artificial islands,
and installations and structures having
economic purposes, and the protection and
preservation of the marine environment.
(4) The term ``illegal, unreported, and unregulated
fishing'' or ``IUU fishing'' means the activities described as
IUU fishing in paragraph 3 of the 2001 Food and Agriculture
Organization International Plan of Action to Prevent, Deter and
Eliminate Illegal, Unreported, and Unregulated Fishing.
(5) The term ``marine protected area'' means any area of
intertidal or subtidal terrain, together with its overlying
water and associated flora, fauna, historical and cultural
features, that has been reserved by law or other effective
means to protect part or all of the enclosed environment.
(6) The term ``fly a flag of convenience'' with respect to
a vessel means the registry of the vessel under the flag of a
nation other than the nation of citizenship or incorporation of
the beneficial owner of the vessel in order to profit from less
restrictive regulations.
SEC. 4. AUTHORIZATION OF IMPOSITION OF SANCTIONS.
(a) In General.--The President may impose the sanctions described
in subsection (b) with respect to any foreign person, including a
foreign vessel regardless of ownership, that the President determines--
(1) is responsible for, complicit in, or has directly or
indirectly participated in--
(A) IUU fishing, as such term is defined in section
3(f)(4);
(B) except as part of a conservation effort, the
sale, supply, purchase, or transfer (including
transportation) of endangered species, as defined in
section 3(6) of the Endangered Species Act (16 U.S.C.
1532(6)); or
(C) behavior associated with IUU fishing, including
improper use of relevant vessel monitoring,
identification, or communication systems;
(2) is a leader or official of an entity, including a
government entity, that has engaged in, or the members of which
have engaged in, any of the activities described in paragraph
(1) during the tenure of the leader or official;
(3) has ever owned, operated, chartered, or controlled a
vessel during which time the personnel of the vessel engaged in
any of the activities described in paragraph (1); or
(4) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of--
(A) any of the activities described in paragraph
(1); or
(B) any entity engaged in any such activity.
(b) Sanctions Described.--The sanctions described in this
subsection 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 described in subsection (a), 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) Inadmissibility to the united states.--In the case of a
foreign person described in subsection (a) who is an
individual--
(A) ineligibility for a visa to enter and
inadmissibility to the United States; and
(B) revocation of any valid visa or travel
documentation in accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)).
(3) Prohibition on access to the united states.--In the
case of a foreign vessel, denial of access to United States
ports.
(4) Exclusion of corporate officers.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a corporate
officer or principal of, or a shareholder with a controlling
interest in, the foreign person.
(5) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of the foreign person, entity, or on individuals
performing similar functions and with similar authorities as
such officer or officers, any of the sanctions described in
paragraphs (1), (2), (3), (4), or (6) of this subsection that
are applicable.
(6) Loans from united states financial institutions.--The
President may prohibit any United States financial institution
from making loans or providing credits to the foreign person or
entity.
(7) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the foreign
person, entity, or vessel has any interest.
(8) Report.--The President shall annually submit a report
to the Committee on Financial Services and the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Foreign Relations of the Senate on actions
exercising the authorities provided by this section.
(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 person if
the President determines that such a waiver is in the national
interests of the United States.
(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 on June 26, 1947,
and entered into force on November 21, 1947, between the United
Nations and the United States, or the Convention on Consular
Relations, done at Vienna on April 24, 1963, and entered into
force on 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
providing provisions to a vessel 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 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.--Agencies responsible for the
implementation of this section may 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 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) The term ``foreign person'' means an individual or
entity that is not a United States person.
(2) 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 located in the United States.
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