[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1269 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1269
To address the threat to national security from illegal, unreported,
and unregulated fishing and associated illegal activity, to prevent the
illegal trade of seafood and seafood products, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 1, 2019
Mr. Wicker (for himself and Mr. Coons) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To address the threat to national security from illegal, unreported,
and unregulated fishing and associated illegal activity, to prevent the
illegal trade of seafood and seafood products, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Maritime Security
And Fisheries Enforcement Act'' or the ``Maritime SAFE Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Purposes.
Sec. 5. Statement of policy.
TITLE I--PROGRAMS TO COMBAT IUU FISHING AND INCREASE MARITIME SECURITY
Sec. 101. Coordination with international organizations.
Sec. 102. Engagement of diplomatic missions of the United States.
Sec. 103. Assistance by Federal agencies to improve law enforcement
within priority regions and priority flag
states.
Sec. 104. Expansion of existing mechanisms to combat IUU fishing.
Sec. 105. Improvement of transparency and traceability programs.
Sec. 106. Technology programs.
Sec. 107. Information sharing.
TITLE II--ESTABLISHMENT OF INTERAGENCY WORKING GROUP ON IUU FISHING AND
SEAFOOD FRAUD
Sec. 201. Interagency Working Group on IUU Fishing and Seafood Fraud.
Sec. 202. Strategic plan.
Sec. 203. Reports.
Sec. 204. Gulf of Mexico IUU Fishing Subworking Group.
TITLE III--COMBATING HUMAN TRAFFICKING IN CONNECTION WITH THE CATCHING
AND PROCESSING OF SEAFOOD PRODUCTS
Sec. 301. Finding.
Sec. 302. Adding the Secretary of Commerce to the Interagency Task
Force to Monitor and Combat Trafficking.
Sec. 303. Human trafficking in the seafood supply chain report.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
Sec. 401. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) AIS.--The term ``AIS'' means Automatic Identification
System (as defined in section 164.46 of title 33, Code of
Federal Regulations, or a similar successor regulation).
(2) Combined maritime forces.--The term ``Combined Maritime
Forces'' means the 33-nation naval partnership, originally
established in February 2002, which promotes security,
stability, and prosperity across approximately 3,200,000 square
miles of international waters.
(3) Exclusive economic zone.--
(A) In general.--Unless otherwise specified by the
President as being in the public interest in a writing
published in the Federal Register, the term ``exclusive
economic zone'' means--
(i) the area within a zone established by a
maritime boundary that has been established by
a treaty in force or a treaty that is being
provisionally applied by the United States; or
(ii) in the absence of a treaty described
in clause (i)--
(I) a zone, the outer boundary of
which is 200 nautical miles from the
baseline from which the breadth of the
territorial sea is measured; or
(II) if the distance between the
United States and another country is
less than 400 nautical miles, a zone,
the outer boundary of which is
represented by a line equidistant
between the United States and the other
country.
(B) Inner boundary.--Without affecting any
Presidential Proclamation with regard to the
establishment of the United States territorial sea or
exclusive economic zone, the inner boundary of the
exclusive economic zone is--
(i) in the case of coastal States, a line
coterminous with the seaward boundary of each
such State (as described in section 4 of the
Submerged Lands Act (43 U.S.C. 1312));
(ii) in the case of the Commonwealth of
Puerto Rico, a line that is 3 marine leagues
from the coastline of the Commonwealth of
Puerto Rico;
(iii) in the case of American Samoa, the
United States Virgin Islands, and Guam, a line
that is 3 geographic miles from the coastlines
of American Samoa, the United States Virgin
Islands, or Guam, respectively;
(iv) in the case of the Commonwealth of the
Northern Mariana Islands--
(I) the coastline of the
Commonwealth of the Northern Mariana
Islands, until the Commonwealth of the
Northern Mariana Islands is granted
authority by the United States to
regulate all fishing to a line seaward
of its coastline; and
(II) upon the United States grant
of the authority described in subclause
(I), the line established by such grant
of authority; or
(v) for any possession of the United States
not referred to in clause (ii), (iii), or (iv),
the coastline of such possession.
(C) Rule of construction.--Nothing in this
paragraph may be construed to diminish the authority of
the Department of Defense, the Department of the
Interior, or any other Federal department or agency.
(4) Food security.--The term ``food security'' means access
to, and availability, utilization, and stability of, sufficient
food to meet caloric and nutritional needs for an active and
healthy life.
(5) Global record of fishing vessels, refrigerated
transport vessels, and supply vessels.--The term ``global
record of fishing vessels, refrigerated transport vessels, and
supply vessels'' means the Food and Agriculture Organization of
the United Nations' initiative to rapidly make available
certified data from state authorities about vessels and vessel
related activities.
(6) IUU fishing.--The term ``IUU fishing'' means illegal
fishing, unreported fishing, or unregulated fishing (as such
terms are defined 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) Port state measures agreement.--The term ``Port State
Measures Agreement'' means the Agreement on Port State Measures
to Prevent, Deter, and Eliminate Illegal, Unreported, and
Unregulated Fishing set forth by the Food and Agriculture
Organization of the United Nations, done at Rome, Italy
November 22, 2009, and entered into force June 5, 2016, which
offers standards for reporting and inspecting fishing
activities of foreign-flagged fishing vessels at port.
(8) Priority flag state.--The term ``priority flag state''
means a country selected in accordance with section 202(b)(3)--
(A) whereby the flagged vessels of which actively
engage in, knowingly profit from, or are complicit in
IUU fishing; and
(B) that is willing, but lacks the capacity, to
monitor or take effective enforcement action against
its fleet.
(9) Priority region.--The term ``priority region'' means a
region selected in accordance with section 202(b)(2)--
(A) that is at high risk for IUU fishing activity
or the entry of illegally caught seafood into the
markets of countries in the region; and
(B) in which countries lack the capacity to fully
address the illegal activity described in subparagraph
(A).
(10) Regional fisheries management organization.--The term
``Regional Fisheries Management Organization'' means an
intergovernmental fisheries organization or arrangement, as
appropriate, that has the competence to establish conservation
and management measures.
(11) Seafood.--The term ``seafood''--
(A) means marine finfish, mollusks, crustaceans,
and all other forms of marine animal and plant life,
including those grown, produced, or reared through
marine aquaculture operations or techniques; and
(B) does not include marine mammals or birds.
(12) Seafood fraud.--The term ``seafood fraud'' means the
knowing mislabeling or misrepresentation of information
regarding seafood or seafood products with the intent to
deceive or defraud.
(13) Seafood traceability program.--The term ``seafood
traceability program'' means any program implemented by the
National Oceanic and Atmospheric Administration (such as the
Seafood Import Monitoring Program) that requires, with respect
to seafood and seafood products imported into the United
States--
(A) permitting, data reporting, and recordkeeping
to prevent illegal, unreported, unregulated, or
misrepresented seafood from entering United States
commerce; and
(B) verifying the chain of custody of such seafood,
from harvest to point of entry into the United States.
(14) Transnational organized illegal activity.--The term
``transnational organized illegal activity'' means criminal
activity conducted by self-perpetuating associations of
individuals who operate transnationally for the purpose of
obtaining power, influence, or monetary or commercial gains,
wholly or in part by illegal means, while protecting their
activities through a pattern of corruption or violence or
through a transnational organizational structure and the
exploitation of transnational commerce or communication
mechanisms.
(15) Transshipment.--The term ``transshipment'' means the
use of refrigerated vessels that--
(A) collect catch from multiple fishing boats;
(B) carry the accumulated catches back to port; and
(C) deliver supplies to fishing boats, which allows
fishing vessels to remain at sea for extended periods
without coming into port.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) In a report titled, ``Global Implications of Illegal,
Unreported, and Unregulated (IUU) Fishing'', the Office of the
Director of National Intelligence identified IUU fishing as--
(A) a threat to the national security of the United
States; and
(B) a challenge to peace and stability in regions
of importance to the United States.
(2) Executive Order 13773 (82 Fed. Reg. 10691), issued on
February 9, 2017, calls for a comprehensive approach by the
Federal Government to combat crime syndicates, including
transnational organized illegal activities that may be
associated with IUU fishing.
(3) It is estimated that the value of IUU fishing may
exceed $1,000,000,000 annually in unlawful or undocumented
revenue and may sometimes be linked to transnational organized
illegal activities, including weapons, drug, and human
trafficking.
(4) IUU fishing--
(A) undermines the business of legitimate workers
in the seafood industry; and
(B) can create inaccurate population estimates for
fish and other seafood species.
(5) Marine fisheries employ millions of people worldwide,
the livelihoods of whom can be negatively impacted by IUU
fishing and associated transnational organized illegal
activities.
(6) IUU fishing vessels play a significant role in other
forms of trafficking, particularly drug trafficking. The
Department of Justice has documented numerous cases of illicit
fishing ships involved in trafficking cocaine, heroin, and
cannabis from South America to the United States.
(7) By introducing cheaper, illegal products into the
global market, IUU fishing undercuts the business and economic
livelihoods of legitimate fishermen in the United States and
around the world.
(8) In the United States and around the world, seafood
fraud undermines the economic viability of fisheries and
deceives consumers about their purchasing choices.
(9) Competition over seafood resources can lead to
heightened tensions, conflict, and geostrategic instability in
regions of importance to the United States.
SEC. 4. PURPOSES.
The purposes of this Act are--
(1) to support a whole-of-government approach across the
Federal Government to counter IUU fishing and related threats
to maritime security;
(2) to improve data sharing that enhances surveillance,
enforcement, and prosecution against IUU fishing and related
activities at a global level;
(3) to support coordination and collaboration to counter
IUU fishing and seafood fraud within priority regions;
(4) to increase and improve global transparency and
traceability across the seafood supply chain as--
(A) a deterrent to IUU fishing and seafood fraud;
(B) a tool for strengthening fisheries management
and food security; and
(C) an approach to enhancing the implementation of
United States seafood traceability programs;
(5) to improve global enforcement operations against IUU
fishing through a whole-of-government approach by the United
States; and
(6) to prevent the use of IUU fishing as a financing source
for transnational organized groups that undermine United States
and global security interests.
SEC. 5. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to 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;
(2) to develop holistic diplomatic, military, law
enforcement, economic, and capacity-building tools to counter
IUU fishing;
(3) to provide technical and other forms of assistance to
countries in priority regions and priority flag states to
combat IUU fishing and seafood fraud, including assistance--
(A) to increase local, national, and regional level
capacities to counter IUU fishing through the
engagement of law enforcement and security forces;
(B) to enhance port capacity and security,
including through support to implement the Port State
Measures Agreement;
(C) to combat corruption and increase transparency
and traceability in fisheries management and trade;
(D) to enhance information sharing within and
across governments and multilateral organizations
through the development and use of agreed standards for
information sharing; and
(E) to support effective, science-based fisheries
management regimes that promote legal and safe
fisheries and act as a deterrent to IUU fishing;
(4) to promote global maritime security through improved
capacity and technological assistance to support improved
maritime domain awareness;
(5) to engage with priority flag states to encourage the
use of high quality vessel tracking technologies;
(6) to engage with multilateral organizations working on
fisheries issues, including Regional Fisheries Management
Organizations and the Food and Agriculture Organization of the
United Nations, to combat and deter IUU fishing;
(7) to advance information sharing across governments and
multilateral organizations in areas that cross multiple
jurisdictions, through the development and use of an agreed
standard for information sharing;
(8) to continue to use existing and future trade agreements
to combat IUU fishing and seafood fraud;
(9) to employ appropriate assets and resources of the
United States Government in a coordinated manner to disrupt the
illicit networks involved in IUU fishing;
(10) to continue to declassify and make available, as
appropriate and practicable, technologies developed by the
United States Government that can be used to help counter IUU
fishing;
(11) to recognize the ties of IUU fishing to transnational
organized illegal activity, including human trafficking and
illegal trade in narcotics and arms, and as applicable, to
focus on illicit activity in a coordinated, cross-cutting
manner;
(12) to recognize and respond to poor working conditions,
labor abuses, and other violent crimes in the fishing industry;
(13) to increase and improve global transparency and
traceability along the seafood supply chain as--
(A) a deterrent to IUU fishing and seafood fraud;
and
(B) an approach for strengthening fisheries
management and food security; and
(14) to promote technological investment and innovation to
combat IUU fishing and seafood fraud.
TITLE I--PROGRAMS TO COMBAT IUU FISHING AND INCREASE MARITIME SECURITY
SEC. 101. COORDINATION WITH INTERNATIONAL ORGANIZATIONS.
The Secretary of State, in conjunction with the Secretary of
Commerce, shall coordinate with Regional Fisheries Management
Organizations and the Food and Agriculture Organization of the United
Nations, and may coordinate with other relevant international
governmental or nongovernmental organizations, or the private sector,
as appropriate, to enhance regional responses to IUU fishing and
related transnational organized illegal activities.
SEC. 102. ENGAGEMENT OF DIPLOMATIC MISSIONS OF THE UNITED STATES.
Not later than 1 year after the date of the enactment of this Act,
each chief of mission (as defined in section 102 of the Foreign Service
Act of 1980 (22 U.S.C. 3902)) to a relevant country in a priority
region or to a priority flag state may, if the Secretary of State
determines such action is appropriate--
(1) convene a working group, led by Department of State
officials, to examine IUU fishing, which may include
stakeholders such as--
(A) United States officials from relevant agencies
participating in the interagency working group
identified in section 201, foreign officials,
nongovernmental organizations, the private sector, and
representatives of local fishermen in the region; and
(B) experts on IUU fishing, law enforcement,
criminal justice, transnational organized illegal
activity, defense, intelligence, vessel movement
monitoring, and international development operating in
or with knowledge of the region; and
(2) designate a counter-IUU Fishing Coordinator from among
existing personnel at the mission if the chief of mission
determines such action is appropriate.
SEC. 103. ASSISTANCE BY FEDERAL AGENCIES TO IMPROVE LAW ENFORCEMENT
WITHIN PRIORITY REGIONS AND PRIORITY FLAG STATES.
(a) In General.--The Secretary of State, in collaboration with the
Secretary of Commerce and the Secretary of the department in which the
Coast Guard is operating, shall provide assistance, as appropriate, in
accordance with this section.
(b) Law Enforcement Training and Coordination Activities.--The
officials referred to in subsection (a) shall evaluate opportunities to
provide assistance, as appropriate, to countries in priority regions
and priority flag states to improve the effectiveness of IUU fishing
enforcement, with clear and measurable targets and indicators of
success, including--
(1) by assessing and using existing resources, enforcement
tools, and legal authorities to coordinate efforts to combat
IUU fishing with efforts to combat other illegal trade,
including weapons, drugs, and human trafficking;
(2) by expanding existing IUU fishing enforcement training;
(3) by providing targeted, country- and region-specific
training on combating IUU fishing;
(4) by supporting increased effectiveness and transparency
of the fisheries enforcement sectors of the governments of such
countries; and
(5) by supporting increased outreach to stakeholders in the
affected communities as key partners in combating and
prosecuting IUU fishing.
(c) Port Security Assistance.--The officials referred to in
subsection (a) shall evaluate opportunities to provide assistance, as
appropriate, to countries in priority regions and priority flag states
to help those states implement programs related to port security and
capacity for the purposes of preventing IUU fishing products from
entering the global seafood market, including support for implementing
the Port State Measures Agreement.
(d) Capacity Building for Investigations and Prosecutions.--The
officials referred to in subsection (a), in collaboration with the
governments of countries in priority regions and of priority flag
states, shall evaluate opportunities to assist those countries in
designing and implementing programs in such countries, as appropriate,
to increase the capacity of IUU fishing enforcement and customs and
border security officers to improve their ability--
(1) to conduct effective investigations, including using
law enforcement techniques such as undercover investigations
and the development of informer networks and actionable
intelligence;
(2) to conduct vessel boardings and inspections at sea and
associated enforcement actions;
(3) to exercise existing shiprider agreements and to enter
into and implement new shiprider agreements, as appropriate;
(4) to conduct vessel inspections at port and associated
enforcement actions;
(5) to assess technology needs and promote the use of
technology to improve monitoring, enforcement, and prosecution
of IUU fishing;
(6) to conduct DNA-based and forensic identification of
seafood used in trade;
(7) to conduct training on techniques, such as collecting
electronic evidence and using computer forensics, for law
enforcement personnel involved in complex investigations
related to international matters, financial issues, and
government corruption that include IUU fishing;
(8) to assess financial flows and the use of financial
institutions to launder profits related to IUU fishing;
(9) to conduct training on the legal mechanisms that can be
used to prosecute those identified in the investigations as
alleged perpetrators of IUU fishing and other associated crimes
such as trafficking and forced labor; and
(10) to conduct training to raise awareness of the use of
whistleblower information and ways to incentivize
whistleblowers to come forward with original information
related to IUU fishing.
(e) Capacity Building for Information Sharing.--The officials
referred to in subsection (a) shall evaluate opportunities to provide
assistance, as appropriate, to key countries in priority regions and
priority flag states in the form of training, equipment, and systems
development to build capacity for information sharing related to
maritime enforcement and port security.
(f) Coordination With Other Relevant Agencies.--The Secretary of
State, in collaboration with the Secretary of the department in which
the Coast Guard is operating and the Secretary of Commerce, shall
coordinate with other relevant agencies, as appropriate, in accordance
with this section.
SEC. 104. EXPANSION OF EXISTING MECHANISMS TO COMBAT IUU FISHING.
(a) In General.--The Secretary of State, the Administrator of the
United States Agency for International Development, the Secretary of
the Department in which the Coast Guard is operating, the Secretary of
Defense, the Secretary of Commerce, the Attorney General, and the heads
of other appropriate Federal agencies shall assess opportunities to
combat IUU fishing by expanding, as appropriate, the use of the
following mechanisms:
(1) Including counter-IUU fishing in existing shiprider
agreements in which the United States is a party.
(2) Entering into shiprider agreements that include
counter-IUU fishing with priority flag states and countries in
priority regions with which the United States does not already
have such an agreement.
(3) Including counter-IUU fishing as part of the mission of
the Combined Maritime Forces.
(4) Including counter-IUU fishing exercises in the annual
at-sea exercises conducted by the Department of Defense, in
coordination with the United States Coast Guard.
(5) Creating partnerships similar to the Oceania Maritime
Security Initiative and the Africa Maritime Law Enforcement
Partnership in other priority regions.
(6) Creating incentives for informants.
(b) Incentives for Informants.--
(1) In general.--Any person who reports a violation of an
IUU fishing law, rule, or regulation may apply to the
Department of Justice for a reward.
(2) Applicable procedures.--
(A) In general.--Except as provided in subparagraph
(B), the procedures set forth in section 7623(b) of the
Internal Revenue Code of 1986 (except for paragraph
(5)) shall apply to any application under paragraph
(1).
(B) Exceptions.--
(i) Judicial review.--An informant who
applies for a reward under paragraph (1) may
seek judicial review of a decision by the
Department of Justice in the appropriate United
States District Court.
(ii) Amount of reward.--Proceeds payable to
an informant under this subsection shall
include any civil, criminal, or administrative
monetary sanction paid to the Federal
Government in any IUU fishing case or related
action.
(iii) Payment deadline.--Not later than 90
days after the payment of the proceeds
described in clause (ii), the Attorney General
shall pay the informant who is eligible for a
reward under this subsection.
SEC. 105. IMPROVEMENT OF TRANSPARENCY AND TRACEABILITY PROGRAMS.
The Secretary of State, the Administrator of the United States
Agency for International Development, the Secretary of the Department
in which the Coast Guard is operating, the Secretary of Commerce, and
the heads of other Federal agencies, if merited, shall work, as
appropriate, with priority flag states and key countries in priority
regions--
(1) to increase knowledge within such countries about the
United States transparency and traceability standards for
imports of seafood and seafood products;
(2) to improve the capacity of seafood industries within
such countries through information sharing and training to meet
the requirements of Seafood Import Monitoring Program or
similar transparency and traceability standards for seafood and
seafood product imports, including catch documentation and
trade tracking programs adopted by relevant regional fisheries
management organizations;
(3) to improve the capacities of government, industry, and
civil society groups to develop and implement comprehensive
traceability systems that--
(A) deter IUU fishing;
(B) strengthen fisheries management; and
(C) enhance maritime domain awareness;
(4) to support the implementation of seafood traceability
standards in such countries to prevent IUU fishing products
from entering the global seafood market and assess capacity and
training needs in those countries;
(5) to utilize harvest, landing, vessel tracking, and other
relevant data that may be collected in response to requirements
of seafood traceability programs--
(A) to improve fisheries dependent data systems;
and
(B) to achieve sound management and conservation of
fisheries resources; and
(6) to address, as appropriate, broader underlying causes
of IUU fishing, including weak policies and systems, domestic
resourcing, and corruption.
SEC. 106. TECHNOLOGY PROGRAMS.
The Secretary of State, the Administrator of the United States
Agency for International Development, the Secretary of the Department
in which the Coast Guard is operating, the Secretary of Defense, the
Secretary of Commerce, and the heads of other Federal agencies, as
appropriate, shall pursue programs to expand the role of technology for
combating IUU fishing and seafood fraud, including by--
(1) promoting the use of technology to combat IUU fishing
and seafood fraud;
(2) assessing the technology needs, including vessel
tracking technologies and data sharing, in priority regions and
priority flag states;
(3) engaging with priority flag states to encourage the
mandated use of vessel tracking technologies, including vessel
monitoring systems, AIS, or other vessel movement monitoring
technologies on fishing vessels and transshipment vessels 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
(4) building partnerships with the private sector,
including universities, nonprofit research organizations, the
seafood industry, and the technology, transportation and
logistics sectors, to leverage new and existing technologies
and data analytics to address IUU fishing and seafood fraud.
SEC. 107. INFORMATION SHARING.
The Director of National Intelligence, in conjunction with other
agencies, as appropriate, shall develop an enterprise approach to
appropriately share information and data within the United States
Government or with other countries or nongovernmental organizations, or
the private sector, as appropriate, on IUU fishing and other connected
transnational organized illegal activity occurring in priority regions
and elsewhere, including big data analytics and machine learning.
TITLE II--ESTABLISHMENT OF INTERAGENCY WORKING GROUP ON IUU FISHING AND
SEAFOOD FRAUD
SEC. 201. INTERAGENCY WORKING GROUP ON IUU FISHING AND SEAFOOD FRAUD.
(a) In General.--There is established a collaborative interagency
working group on maritime security, IUU fishing, and seafood fraud
(referred to in this title as the ``Working Group'').
(b) Members.--The members of the Working Group shall be composed
of--
(1) 1 chair, who shall be appointed by the Commandant of
the United States Coast Guard;
(2) 2 deputy chairs, who shall be appointed by their
respective agency heads, from--
(A) the Department of State; and
(B) the National Oceanic and Atmospheric
Administration;
(3) 12 members, who shall be appointed by their respective
agency heads, from--
(A) the Department of Defense;
(B) the United States Navy;
(C) the United States Agency for International
Development;
(D) the United States Fish and Wildlife Service;
(E) the Department of Justice;
(F) the Department of the Treasury;
(G) U.S. Customs and Border Protection;
(H) U.S. Immigration and Customs Enforcement;
(I) the Federal Trade Commission;
(J) the National Institute of Food and Agriculture;
(K) the Food and Drug Administration; and
(L) the Department of Labor;
(4) 1 or more members from the intelligence community, who
shall be appointed by the Director of National Intelligence;
and
(5) 5 members, who shall be appointed by the President,
from--
(A) the National Security Council;
(B) the Council on Environmental Quality;
(C) the Office of Management and Budget;
(D) the Office of Science and Technology Policy;
and
(E) the Office of the United States Trade
Representative.
(c) Responsibilities.--The Working Group shall ensure an
integrated, Federal Government-wide response to IUU fishing and seafood
fraud globally, including by--
(1) improving the coordination of Federal agencies to
identify, interdict, investigate, prosecute, and dismantle IUU
fishing operations and organizations perpetrating and knowingly
benefitting from IUU fishing and seafood fraud in the United
States and abroad;
(2) assessing areas for increased interagency information
sharing on matters related to IUU fishing and related crimes;
(3) establishing standards for information sharing related
to maritime enforcement;
(4) developing a strategy to determine how military assets
and intelligence can contribute to enforcement strategies to
combat IUU fishing;
(5) increasing maritime domain awareness relating to IUU
fishing and related crimes and developing a strategy to
leverage awareness for enhanced enforcement and prosecution
actions against IUU fishing;
(6) supporting the implementation of the Port State
Measures Agreement in relevant countries and assessing the
capacity and training needs in such countries;
(7) outlining a strategy to coordinate, increase, and use
shiprider agreements between the Department of Defense or the
Coast Guard and relevant countries;
(8) enhancing cooperation with partner governments to
combat IUU fishing and seafood fraud;
(9) identifying opportunities for increased information
sharing between Federal agencies and partner governments
working to combat IUU fishing and seafood fraud;
(10) consulting and coordinating with the seafood industry
and nongovernmental stakeholders that work to combat IUU
fishing and seafood fraud;
(11) supporting the work of collaborative international
initiatives to make available certified data from State
authorities about vessel and vessel-related activities related
to IUU fishing;
(12) supporting the identification and certification
procedures to address IUU fishing in accordance with the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826d et seq.); and
(13) developing a strategy for raising domestic awareness
of the issues relating to IUU fishing and seafood fraud,
including publishing annual reports summarizing nonsensitive
information about the Working Group's efforts to investigate,
enforce, and prosecute groups and individuals engaging in IUU
fishing and seafood fraud.
SEC. 202. STRATEGIC PLAN.
(a) Strategic Plan.--Not later than 2 years after the date of the
enactment of this Act, the Working Group shall submit to Congress a 5-
year integrated strategic plan on combating IUU fishing and enhancing
maritime security, including specific strategies with monitoring
benchmarks for addressing IUU fishing in priority regions.
(b) Identification of Priority Regions and Priority Flag States.--
(1) In general.--The strategic plan submitted under
subsection (a) shall identify priority regions and priority
flag states to be the focus of assistance coordinated by the
Working Group under section 201.
(2) Priority region selection criteria.--In selecting
priority regions under paragraph (1), the Working Group shall
select regions that--
(A) are at high risk for IUU fishing activity or
the entry of illegally caught seafood into their
markets; and
(B) lack the capacity to fully address the issues
described in subparagraph (A).
(3) Priority flag states selection criteria.--In selecting
priority flag states under paragraph (1), the Working Group
shall select countries--
(A) the flagged vessels of which actively engage
in, knowingly profit from, or are complicit in IUU
fishing; and
(B) that are willing, but lack the capacity, to
police their fleet.
SEC. 203. REPORTS.
Not later than 5 years after the submission of the 5-year
integrated strategic plan under section 202, and every 5 years
thereafter, 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 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 that contains--
(1) a summary of global and regional trends in IUU fishing
and seafood fraud;
(2) an assessment of the extent of the convergence between
transnational organized illegal activity, including human
trafficking and forced labor, and IUU fishing;
(3) an assessment of the topics, data sources, and
strategies that would benefit from increased information
sharing and recommendations regarding harmonization of data
collection and sharing;
(4) an assessment of assets, including military assets and
intelligence, which can be used for either enforcement
operations or strategies to combat IUU fishing;
(5) summaries of the situational threats with respect to
IUU fishing in priority regions and an assessment of the
capacity of countries within such regions to respond to those
threats;
(6) an assessment of the progress of countries in priority
regions in responding to those threats as a result of
assistance by the United States pursuant to the strategic plan
developed under section 202, including--
(A) the identification of--
(i) relevant supply routes, ports of call,
methods of landing and entering illegally
caught product into legal supply chains, and
financial institutions used in each country by
participants engaging in IUU fishing; and
(ii) indicators of IUU fishing that are
related to money laundering;
(B) an assessment of the adherence of countries in
priority regions to international treaties related to
IUU fishing, including the Port State Measures
Agreement;
(C) an assessment of the implementation by
countries in priority regions of seafood traceability
or capacity to apply traceability to verify the
legality of catch and strengthen fisheries management;
(D) an assessment of the capacity of countries in
priority regions to implement shiprider agreements;
(E) an assessment of the capacity of countries in
priority regions to increase maritime domain awareness;
and
(F) an assessment of the capacity of governments of
relevant countries in priority regions to sustain the
programs for which the United States has provided
assistance under this Act;
(7) an assessment of the capacity of priority flag states
to track the movement of and police their fleet, prevent their
flagged vessels from engaging in IUU fishing, and enforce
applicable laws and regulations; and
(8) an assessment of the extent of involvement in IUU
fishing of organizations designated as foreign terrorist
organizations under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
SEC. 204. GULF OF MEXICO IUU FISHING SUBWORKING GROUP.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Administrator of the National Oceanic and
Atmospheric Administration, in coordination with the Coast Guard and
the Department of State, shall establish a subworking group to address
IUU fishing in the exclusive economic zone of the United States in the
Gulf of Mexico.
(b) Functions.--The subworking group established under subsection
(a) shall identify--
(1) Federal actions taken and policies established during
the 5-year period immediately preceding the date of the
enactment of this Act with respect to IUU fishing in the
exclusive economic zone of the United States in the Gulf of
Mexico, including such actions and policies related to--
(A) the surveillance, interdiction, and prosecution
of any foreign nationals engaged in such fishing; and
(B) the application of the provisions of the High
Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826d et seq.) to any relevant nation, including
the status of any past or ongoing consultations and
certification procedures;
(2) actions and policies, in addition to the actions and
policies described in paragraph (1), each of the Federal
agencies described in subsection (a) can take, using existing
resources, to combat IUU fishing in the exclusive economic zone
of the United States in the Gulf of Mexico; and
(3) any additional authorities that could assist each such
agency in more effectively addressing such IUU fishing.
(c) Report.--Not later than 1 year after the IUU Fishing Subworking
Group is established under subsection (a), the group shall submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Natural Resources of the House of
Representatives that contains--
(1) the findings identified pursuant to subsection (b); and
(2) a timeline for each of the Federal agencies described
in subsection (a) to implement each action or policy identified
pursuant to subsection (b)(2).
TITLE III--COMBATING HUMAN TRAFFICKING IN CONNECTION WITH THE CATCHING
AND PROCESSING OF SEAFOOD PRODUCTS
SEC. 301. FINDING.
Congress finds that human trafficking is a pervasive problem in the
catching and processing of certain seafood products imported into the
United States, particularly seafood products obtained through illegal,
unreported, and unregulated fishing.
SEC. 302. ADDING THE SECRETARY OF COMMERCE TO THE INTERAGENCY TASK
FORCE TO MONITOR AND COMBAT TRAFFICKING.
Section 105(b) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting
``the Secretary of Commerce,'' after ``the Secretary of Education,''.
SEC. 303. HUMAN TRAFFICKING IN THE SEAFOOD SUPPLY CHAIN REPORT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the National Oceanic and
Atmospheric Administration and the Commissioner of the Food and Drug
Administration shall jointly submit a report to Congress that describes
the existence of human trafficking in the supply chains of seafood
products imported into the United States.
(b) Report Elements.--The report required under subsection (a)
shall include--
(1) a list of the countries at risk for human trafficking
in their seafood catching and processing industries, and an
assessment of such risk for each listed country;
(2) a description of the quantity and economic value of
seafood products imported into the United States from the
countries on the list compiled pursuant to paragraph (1);
(3) a description and assessment of the methods, if any, in
the countries on the list compiled pursuant to paragraph (1) to
trace and account for the manner in which seafood is caught;
(4) a description of domestic and international enforcement
mechanisms to deter illegal practices in the catching of
seafood in the countries on the list compiled pursuant to
paragraph (1); and
(5) such recommendations as the Administrator and the
Commissioner jointly consider appropriate for legislative or
administrative action to enhance and improve actions against
human trafficking in the catching and processing of seafood
products outside of United States waters.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the activities required under this Act.
<all>
Maritime SAFE Act
#1269 | S Congress #116
Policy Area: Public Lands and Natural Resources
Subjects: Congressional oversightConsumer affairsCrime preventionCriminal investigation, prosecution, interrogationCustoms enforcementDepartment of CommerceDiplomacy, foreign officials, Americans abroadDrug trafficking and controlled substancesEmployment discrimination and employee rightsEvidence and witnessesExecutive agency funding and structureFood supply, safety, and labelingForeign aid and international reliefFraud offenses and financial crimesGeneticsGovernment information and archivesGulf of MexicoHuman traffickingIntelligence activities, surveillance, classified information
Last Action: Read twice and referred to the Committee on Commerce, Science, and Transportation. (5/1/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text