[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 688 Introduced in Senate (IS)] <DOC> 119th CONGRESS 1st Session S. 688 To combat illegal, unreported, and unregulated fishing at its sources globally. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 24, 2025 Mr. Sullivan (for himself and Mr. Whitehouse) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To combat illegal, unreported, and unregulated fishing at its sources globally. 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 ``Fighting Foreign Illegal Seafood Harvests Act of 2025'' or the ``FISH Act of 2025''. SEC. 2. DEFINITIONS. In this Act: (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'' means activities described as illegal fishing, unreported fishing, or unregulated fishing in paragraph 3 of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001. (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. 3. 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. 4. ESTABLISHMENT OF A BLACK LIST (IUU VESSEL 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 foreign vessels, foreign fleets, and beneficial owners of foreign vessels or foreign 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 foreign vessel, foreign fleet, or beneficial owner of a foreign vessel or foreign fleet for which the Secretary determines there is clear and convincing evidence to believe that a foreign vessel is any of the following (even if the Secretary has only partial information regarding the foreign vessel): ``(A) A foreign vessel listed on an IUU vessel list of an international fishery management organization. ``(B) A foreign vessel taking part in fishing that undermines the effectiveness of an international fishery management organization's conservation and management measures, including a foreign vessel-- ``(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 foreign 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 fishing when the United States has reason to believe the foreign country to which the foreign vessel is registered or documented is not addressing the allegation. ``(D) A foreign vessel, foreign fleet, or beneficial owner of a foreign vessel or foreign 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 or a finding 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 foreign vessel that provides services (excluding emergency or enforcement services) to a foreign vessel that is on the IUU vessel list, including transshipment, resupply, refueling, or pilotage. ``(F) A foreign vessel 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 foreign vessel that has the same beneficial owner as a foreign vessel on the IUU vessel list at the time of the infraction. ``(H) A foreign vessel or beneficial owner of a foreign 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 (iuu vessel) list.--The Secretary may receive nominations for putting a foreign 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 foreign vessel on the IUU vessel list only after notification to the foreign 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 foreign vessels on, and removing foreign 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 foreign vessel is added to the IUU vessel list, and include the following information (as much as is available and confirmed) for each foreign vessel on the IUU vessel list: ``(A) The name of the foreign vessel and previous names of the foreign vessel. ``(B) The International Maritime Organization (IMO) number of the foreign 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 foreign vessel. ``(D) The business or corporate address of each beneficial owner of the foreign vessel. ``(E) The country where the foreign 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 foreign vessel. ``(G) Any other Unique Vessel Identifier (UVI), if applicable. ``(H) Any other identifying information on the foreign vessel, as determined appropriate by the Secretary. ``(I) The basis for the Secretary's inclusion of the foreign vessel on the IUU vessel list under paragraph (2). ``(d) Consequences of Being on Black List (IUU Vessel List).-- ``(1) In general.--Except for the purposes of inspection and enforcement or in case of force majeure, a foreign 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; and ``(C) delivering or receiving supplies or services, or transshipment, within waters subject to the jurisdiction of the United States, unless such prohibition would be inconsistent with customary international law. ``(2) Servicing prohibited.--No vessel of the United States may service a foreign 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 foreign vessels on the IUU vessel list is prohibited and shall be subject to the enforcement provisions of section 606. ``(4) Fishing treaties and agreements.--It should be a priority for United States delegations to-- ``(A) advocate for the incorporation of articles in international fishery management organizations providing identical or similar safeguards described in this section in new and updated bilateral or multilateral fishing treaties; and ``(B) encourage parties to international and regional fisheries organizations that the United States is party to, or holds observer status, to take similar measures described in this section. ``(e) Enforcement of Black List (IUU Vessel List).-- ``(1) In general.--Except as provided in paragraph (2), a foreign vessel 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 foreign vessel 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 (IUU Vessel List).-- ``(1) In general.--Except as provided in paragraphs (2) through (4), a foreign vessel, foreign fleet, or beneficial owner of a foreign vessel or foreign 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 foreign vessel or foreign fleet from the IUU vessel list if the foreign 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 or a finding 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.--In consultation with the Secretary of State and the U.S. Customs and Border Protection, the Secretary may remove a foreign vessel, foreign fleet, or beneficial owner of a foreign vessel or foreign fleet from the IUU vessel list if the beneficial owner of the foreign 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 foreign vessel or foreign vessel owner has not engaged in IUU fishing or fishing that involves the use of 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 foreign vessel from the IUU vessel list if the foreign vessel was put on the list because it was a foreign 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 foreign 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 2025, 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 foreign vessel, foreign fleet, or beneficial owner of a foreign vessel or foreign fleet from the IUU vessel list on the date the foreign 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) Foreign vessel.--The term `foreign vessel' has the meaning given the term in section 110 of title 46, United States Code. ``(5) 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. ``(6) IUU fishing.--The term `IUU fishing' means activities described as illegal fishing, unreported fishing, or unregulated fishing in paragraph 3 of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001. ``(7) 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. 5. IMPOSITION OF SANCTIONS. (a) Authorization for Sanctions.--The Secretary of the Treasury may impose the measures described in subsection (b) with respect to-- (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. 6. 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 fishing that involves the use of forced labor and strive to ensure that the agreement strengthens efforts to combat IUU fishing and fishing that involves the use of forced labor. (b) Federal Government Encouragement.--The Federal Government 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 fishing that involves the use of forced labor, such as the practice of transshipment, flags of convenience vessels, and government subsidies of the distant water fishing industry. (c) Transparency for Non-Binding Instruments Concluded Under This Section.--Any memorandum of understanding or other non-binding instrument to further the objectives of this section shall be considered a qualifying non-binding instrument for purposes of section 112b of title 1, United States Code. SEC. 7. 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. 8. 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-- (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 fishing that involves the use of 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); ``(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); and ``(D) reports submitted under the Uyghur Human Rights Policy Act of 2020 (22 U.S.C. 6901 note).''. (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. 9. 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 date of enactment of the Fighting Foreign Illegal Seafood Harvests Act of 2025, the Working Group shall identify information and resources to prevent fish and fish products from IUU fishing and fishing that involves the use of 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 fishing that involves the use of 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. 10. 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 U.S. 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. 11. 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. 12. REPORTS. (a) Impact of New Technology.--Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security, with support from 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 fishing involving the use of 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 Fishing Involving the Use of 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 fishing involving the use of forced labor among all flag states. ``(B) An evaluation of the costs to the United States economy of IUU fishing and fishing involving the use of forced labor. ``(C) An assessment of the costs to the global economy of IUU fishing and fishing involving the use of 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. <all>