Bill Summary
This legislation, known as the "Maritime Administration Authorization and Enhancement Act of 2019," covers a wide range of topics related to the maritime industry and national security. It authorizes activities and programs for the Maritime Administration and the United States Merchant Marine Academy, as well as funding for these programs. It also includes amendments to existing legislation regarding operating agreements, payment for the Military Sealift Program, and the employment of separated members of the Armed Forces. Additionally, it establishes grant programs for port improvements and strategic seaport infrastructure development. The legislation also tackles the issue of illegal, unreported, and unregulated fishing through various measures, including technology programs and information sharing. Overall, the legislation aims to improve the safety, efficiency, and reliability of the movement of goods through ports and strengthen national security.
Possible Impacts
1. The authorization of activities and programs for the Maritime Administration, including the United States Merchant Marine Academy and the National Security Multi-Mission Vessel Program, will affect the education and training opportunities available to individuals pursuing a career in the maritime industry.
2. The amendments to existing legislation regarding operating agreements and payments for the Military Sealift Program will impact the operations and funding of military sealift vessels, potentially affecting the safety and efficiency of goods movement through ports.
3. The improvements to the National Oceanographic Partnership Program, including the authorization for private funding, will potentially increase the scope and impact of research and development projects in the oceanographic field.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1417 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1417
To reauthorize activities of the Maritime Administration, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 9, 2019
Mr. Wicker introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To reauthorize activities of the Maritime Administration, 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 ``Maritime Administration
Authorization and Enhancement Act of 2019''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of the Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--MARITIME ADMINISTRATION
Sec. 101. Authorization of the Maritime Administration.
Sec. 102. Authorization of the Military Sealift Program.
Sec. 103. Department of Transportation Inspector General Report.
Sec. 104. Authority for MARAD to retain foreign student tuition
reimbursement.
Sec. 105. Appointment of candidates attending sponsored preparatory
school.
Sec. 106. Independent study on the United States Merchant Marine
Academy.
Sec. 107. Military to mariner.
Sec. 108. Salvage recoveries of federally owned cargoes.
Sec. 109. Salvage recoveries for subrogated ownership of vessels and
cargoes.
Sec. 110. Port operations, research, and technology.
Sec. 111. Strategic seaports.
Sec. 112. Maritime technical assistance program.
Sec. 113. Domestic ship recycling facilities.
Sec. 114. Improvement of National Oceanographic Partnership Program.
Sec. 115. Improvements to the maritime guaranteed loan program.
Sec. 116. Technical corrections.
TITLE II--MARITIME SAFE ACT
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Findings.
Sec. 204. Purposes.
Sec. 205. Statement of policy.
Subtitle A--Programs To Combat IUU Fishing and Increase Maritime
Security
Sec. 211. Coordination with international organizations.
Sec. 212. Engagement of diplomatic missions of the United States.
Sec. 213. Assistance by Federal agencies to improve law enforcement
within priority regions and priority flag
states.
Sec. 214. Expansion of existing mechanisms to combat IUU fishing.
Sec. 215. Improvement of transparency and traceability programs.
Sec. 216. Technology programs.
Sec. 217. Information sharing.
Subtitle B--Establishment of Interagency Working Group on IUU Fishing
Sec. 221. Interagency Working Group on IUU Fishing.
Sec. 222. Strategic plan.
Sec. 223. Reports.
Sec. 224. Gulf of Mexico IUU Fishing Subworking Group.
Subtitle C--Authorization of Appropriations
Sec. 231. Authorization of appropriations.
TITLE I--MARITIME ADMINISTRATION
SEC. 101. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
(a) In General.--There are authorized to be appropriated to the
Department of Transportation for fiscal year 2020, to be available
without fiscal year limitation if so provided in appropriations Acts,
for programs associated with maintaining the United States Merchant
Marine, the following amounts:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $88,593,000, of which--
(A) $77,944,000 shall remain available until
September 30, 2021, for Academy operations; and
(B) $18,000,000 shall remain available until
expended for capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $32,200,000, of which--
(A) $2,400,000 shall remain available until
September 30, 2020, for the Student Incentive Program;
(B) $6,000,000 shall remain available until
expended for direct payments to such academies;
(C) $30,080,000 shall remain available until
expended for maintenance and repair of State maritime
academy training vessels;
(D) $3,800,000 shall remain available until
expended for training ship fuel assistance; and
(E) $8,000,000 shall remain available until
expended for offsetting the costs of training ship
sharing.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $300,000,000, which shall remain
available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $60,442,000, of which
$5,000,000 shall remain available until expended for activities
authorized under section 50307 of title 46, United States Code.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $5,000,000, which shall remain
available until expended.
(6) For expenses necessary to maintain and preserve a
United States flag Merchant Marine to serve the national
security needs of the United States under chapter 531 of title
46, United States Code, $300,000,000, which shall remain
available until expended.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be used for the cost (as
defined in section 502(5) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees
under the program, which shall remain available until
expended; and
(B) $3,000,000 may be used for administrative
expenses relating to loan guarantee commitments under
the program.
(8) For expenses necessary to provide assistance to small
shipyards and for maritime training programs under section
54101 of title 46, United States Code, $40,000,000.
(9) For expenses necessary to implement the Port
Operations, Research, and Technology Act, $292,730,000.
SEC. 102. AUTHORIZATION OF THE MILITARY SEALIFT PROGRAM.
(a) Award of Operating Agreements.--Section 53103 of title 46,
United States Code, is amended by striking ``2025'' each place it
appears and inserting ``2035''.
(b) Effectiveness of Operating Agreements.--Section 53104(a) of
title 46, United States Code, is amended by striking ``2025'' and
inserting ``2035''.
(c) Payments.--Section 53106(a)(1) of title 46, United States Code,
is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon;
(2) in subparagraph (C), by striking ``$3,700,000 for each
of fiscal years 2022, 2023, 2024, and 2025.'' and inserting
``$5,233,463 for each of fiscal years 2022, 2023, 2024, and
2025; and''; and
(3) by adding at the end the following:
``(D) $ 5,233,463 for each of fiscal years 2026
through 2035.''.
(d) Authorization of Appropriations.--Section 53111 of title 46,
United States Code, is amended--
(1) in paragraph (2), by striking ``and'' after the
semicolon;
(2) in paragraph (3), by striking ``$222,000,000 for each
fiscal year thereafter through fiscal year 2025.'' and
inserting ``$314,007,780 for each of fiscal years 2022, 2023,
2024, and 2025; and''; and
(3) by adding at the end the following:
``(4) $314,007,780 for each of fiscal years 2026 through
2035.''.
SEC. 103. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL REPORT.
The Inspector General of the Department of Transportation shall--
(1) not later than 180 days after the date of enactment of
this Act, initiate an audit of the Maritime Administration's
actions to address the 27 recommendations for improvement
identified by a National Academy of Public Administration panel
in a November 2017 report; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing the results of that audit
once the audit is completed.
SEC. 104. AUTHORITY FOR MARAD TO RETAIN FOREIGN STUDENT TUITION
REIMBURSEMENT.
Section 51304 of title 46, United States Code, is amended by adding
at the end the following:
``(e) Credit of Reimbursement.--Reimbursements under this section
shall be credited to the Maritime Administration's Operations and
Training appropriation, to remain available until expended, for use
only for those expenses related to the operations of the United States
Merchant Marine Academy.''.
SEC. 105. APPOINTMENT OF CANDIDATES ATTENDING SPONSORED PREPARATORY
SCHOOL.
Section 51303 of title 46, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Appointment of Candidates Selected for Preparatory School
Sponsorship.--The Secretary of Transportation may appoint each year as
cadets at the United States Merchant Marine Academy not more than 40
qualified individuals sponsored by the Academy to attend preparatory
school during the academic year prior to entrance in the Academy, and
who have successfully met the terms and conditions of sponsorship set
by the Academy.''.
SEC. 106. INDEPENDENT STUDY ON THE UNITED STATES MERCHANT MARINE
ACADEMY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall seek to
enter into an agreement with the National Academy of Public
Administration (referred to in this section as the ``Academy'') to
carry out the activities described in this section.
(b) Study Elements.--In accordance with the agreement described in
subsection (a), the Academy shall conduct a study of the United States
Merchant Marine Academy that consists of the following:
(1) A comprehensive assessment of the United States
Merchant Marine Academy's systems, training, facilities,
infrastructure, information technology, and stakeholder
engagement.
(2) Identification of needs and opportunities for
modernization to help the United States Merchant Marine Academy
keep pace with more modern campuses.
(3) Development of an action plan for the United States
Merchant Marine Academy with specific recommendations for--
(A) improvements or updates relating to the
opportunities described in paragraph (2); and
(B) systematic changes needed to help the United
States Merchant Marine Academy achieve its mission of
inspiring and educating the next generation of the
mariner workforce on a long-term basis.
(c) Deadline and Report.--Not later than 1 year after the date of
the agreement described in subsection (a), the Academy shall prepare
and submit to the Maritime Administrator a report containing the action
plan described in subsection (b)(3), including specific findings and
recommendations.
SEC. 107. MILITARY TO MARINER.
(a) Credentialing Support.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Defense and the Secretary of
Homeland Security, with respect to the applicable services in their
respective departments, and in coordination with one another and with
the United States Committee on the Marine Transportation System, shall,
consistent with applicable law, identify all military training and
experience within the applicable service that may qualify for merchant
mariner credentialing, and submit a list of all identified military
training and experience to the United States Coast Guard National
Maritime Center for a determination of whether such training and
experience counts for credentialing purposes.
(b) Review of Applicable Service.--The United States Coast Guard
Commandant shall make a determination of whether training and
experience counts for credentialing purposes, as described in
subsection (a), not later than 6 months after the date on which the
United States Coast Guard National Maritime Center receives a
submission under subsection (a) identifying a training or experience
and requesting such a determination.
(c) Fees and Services.--The Secretary of Defense and the Secretary
of Homeland Security shall--
(1) take all necessary and appropriate actions to provide
for the waiver of fees through the National Maritime Center
license evaluation, issuance, and examination for members of
the uniformed service on active duty, if a waiver is authorized
and appropriate, and, if a waiver is not granted, take all
necessary and appropriate actions to provide for the payment of
fees for members of the uniformed service on active duty by the
applicable service to the fullest extent permitted by law;
(2) direct the applicable services to take all necessary
and appropriate actions to pay for Transportation Worker
Identification Credential cards for members of the uniformed
service on active duty pursuing or possessing a mariner
credential;
(3) ensure that members of the applicable services who are
to be discharged or released from active duty and who request
certification or verification of sea service be provided such
certification or verification no later than one month after
discharge or release;
(4) ensure the applicable services have developed, or
continue to operate, as appropriate, the online resource known
as Credentialing Opportunities On-Line to support separating
members of the uniformed service who are seeking information
and assistance on merchant mariner credentialing; and
(5) not later than 1 year after the date of enactment of
this section, take all necessary and appropriate actions to
apply military-related medical certifications to merchant
mariner credential requirements.
(d) Advancing Military to Mariner Within the Employer Agencies.--
(1) In general.--The Secretary of Defense, the Secretary of
Homeland Security, and the Secretary of Commerce shall have
direct hiring authority to employ separated members of the
Armed Forces with valid merchant mariner licenses or sea
service experience in support of the United States national
maritime needs, including the Army Corps of Engineers, Customs
and Border Protection, and the National Oceanic and Atmospheric
Administration.
(2) Separated member of the armed forces.--In this
subsection, the term ``separated member of the Armed Forces''
means an individual who--
(A)(i) is retiring or is retired as a member of the
Armed Forces; or
(ii) is voluntarily separating or voluntarily
separated from the Armed Forces at the end of
enlistment or service obligation; and
(B) has not received a dishonorable discharge.
SEC. 108. SALVAGE RECOVERIES OF FEDERALLY OWNED CARGOES.
Section 57100 of title 46, United States Code, is amended by adding
at the end the following:
``(h) Funds Transfer Authority Related to the Use of National
Defense Reserve Fleet Vessels and the Provision of Maritime-Related
Services.--
``(1) In general.--When the Secretary of Transportation
provides for the use of its vessels or maritime-related
services and goods under a reimbursable agreement with a
Federal entity, or State or local entity, authorized to receive
goods and services from the Maritime Administration for
programs, projects, activities, and expenses related to the
National Defense Reserve Fleet or maritime-related services:
``(A) Federal entities are authorized to transfer
funds to the Secretary in advance of expenditure or
upon providing the goods or services ordered, as
determined by the Secretary.
``(B) The Secretary shall determine all other terms
and conditions under which such payments should be made
and provide such goods and services using its existing
or new contracts, including general agency agreements,
memoranda of understanding, or similar agreements.
``(2) Reimbursable agreement with a federal entity.--
``(A) In general.--The Maritime Administration is
authorized to provide maritime-related services and
goods under a reimbursable agreement with a Federal
entity.
``(B) Maritime-related services defined.--For the
purposes of this subsection, maritime-related services
includes the acquisition, procurement, operation,
maintenance, preservation, sale, lease, charter,
construction, reconstruction, or reconditioning
(including outfitting and equipping incidental to
construction, reconstruction, or reconditioning) of a
merchant vessel or shipyard, ship site, terminal, pier,
dock, warehouse, or other installation related to the
maritime operations of a Federal entity.
``(3) Salvaging cargoes.--
``(A) In general.--The Maritime Administration may
provide services and purchase goods relating to the
salvaging of cargoes aboard vessels in the custody or
control of the Maritime Administration or its
predecessor agencies and receive and retain
reimbursement from Federal entities for all such costs
as it may incur.
``(B) Reimbursement.--Reimbursement as provided for
in subparagraph (A) may come from--
``(i) the proceeds recovered from such
salvage; or
``(ii) the Federal entity for which the
Maritime Administration has or will provide
such goods and services, depending on the
agreement of the parties involved.
``(4) Amounts received.--Amounts received as reimbursements
under this subsection shall be credited to the fund or account
that was used to cover the costs incurred by the Secretary or,
if the period of availability of obligations for that
appropriation has expired, to the appropriation of funds that
is currently available to the Secretary for substantially the
same purpose. Amounts so credited shall be merged with amounts
in such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
``(5) Advance payments.--Payments made in advance shall be
for any part of the estimated cost as determined by the
Secretary of Transportation. Adjustments to the amounts paid in
advance shall be made as agreed to by the Secretary of
Transportation and the head of the ordering agency or unit
based on the actual cost of goods or services provided.
``(6) Bill or request for payment.--A bill submitted or a
request for payment is not subject to audit or certification in
advance of payment.''.
SEC. 109. SALVAGE RECOVERIES FOR SUBROGATED OWNERSHIP OF VESSELS AND
CARGOES.
Section 53909 of title 46, United States Code, is amended by adding
at the end the following:
``(e) Salvage Agreements.--Notwithstanding title XIV of the Ronald
W. Reagan National Defense Authorization Act for Fiscal Year 2005 (10
U.S.C. 113 note), the Secretary of Transportation is authorized to
enter into marine salvage agreements for the recoveries, sale, and
disposal of sunken or damaged vessels, cargoes, or properties owned or
insured by or on behalf of the Maritime Administration, the United
States Shipping Board, the U.S. Shipping Board Bureau, the United
States Maritime Commission, or the War Shipping Administration.
``(f) Recoveries.--Notwithstanding other provisions of law, the net
proceeds from salvage agreements entered into as authorized in
subsection (e) shall remain available until expended and be distributed
as follows for marine insurance related salvages:
``(1) Fifty percent of the net funds recovered shall be
deposited in the war risk revolving fund and available for the
purposes of the war risk revolving fund.
``(2) Fifty percent of the net funds recovered shall be
deposited in the Vessel Operations Revolving Fund as
established by section 50301(a) of title 46 and available until
expended as follows:
``(A) Fifty percent shall be available to the
Administrator of the Maritime Administration for such
acquisition, maintenance, repair, reconditioning, or
improvement of vessels in the National Defense Reserve
Fleet as is authorized under other Federal law.
``(B) Twenty five percent shall be available to the
Administrator of the Maritime Administration for the
payment or reimbursement of expenses incurred by or on
behalf of State maritime academies or the United States
Merchant Marine Academy for facility and training ship
maintenance, repair, and modernization, and for the
purchase of simulators and fuel.
``(C) The remainder shall be distributed to the
Department of the Interior for grants as authorized by
section 308703 of title 54.''.
SEC. 110. PORT OPERATIONS, RESEARCH, AND TECHNOLOGY.
(a) Short Title.--This section may be cited as the ``Ports
Improvement Act''.
(b) Port and Intermodal Improvement Program.--Section 50302 of
title 46, United States Code, is amended by striking subsection (c) and
inserting the following:
``(c) Port and Intermodal Improvement Program.--
``(1) General authority.--Subject to the availability of
appropriations, the Secretary of Transportation shall make
grants, on a competitive basis, to eligible applicants to
assist in funding eligible projects for the purpose of
improving the safety, efficiency, or reliability of the
movement of goods through ports and intermodal connections to
ports.
``(2) Eligible applicant.--The Secretary may make a grant
under this subsection to the following:
``(A) A State.
``(B) A political subdivision of a State or local
government.
``(C) A public agency or publicly chartered
authority established by 1 or more States.
``(D) A special purpose district with a
transportation function.
``(E) A multistate or multijurisdictional group of
entities described in this subsection.
``(F) A lead entity described in subparagraph (A),
(B), (C), (D), or (E) jointly with a private entity or
group of private entities.
``(3) Eligible projects.--The Secretary may make a grant
under this subsection--
``(A) for a project that--
``(i) is either--
``(I) within the boundary of a
port; or
``(II) outside the boundary of a
port, but is directly related to port
operations or to an intermodal
connection to a port; and
``(ii) will be used to improve the safety,
efficiency, or reliability of--
``(I) the loading and unloading of
goods at the port, such as for marine
terminal equipment;
``(II) the movement of goods into,
out of, around, or within a port, such
as for highway or rail infrastructure,
intermodal facilities, freight
intelligent transportation systems, and
digital infrastructure systems; or
``(III) the movement of vessels in
and out of the port facility by
dredging a vessel berthing area
dredging that is not part of a Federal
channel or an access channel associated
with a Federal channel; or
``(B) notwithstanding paragraph (6)(A)(v), to
provide financial assistance to 1 or more projects
under subparagraph (A) for development phase
activities, including planning, feasibility analysis,
revenue forecasting, environmental review, permitting,
and preliminary engineering and design work.
``(4) Prohibited uses.--A grant award under this subsection
may not be used--
``(A) to finance or refinance the construction,
reconstruction, reconditioning, or purchase of a vessel
that is eligible for such assistance under chapter 537,
unless the Secretary determines such vessel--
``(i) is necessary for a project described
in paragraph (3)(A)(ii)(III) of this
subsection; and
``(ii) is not receiving assistance under
chapter 537; or
``(B) for any project within a small shipyard (as
defined in section 54101).
``(5) Applications and process.--
``(A) Applications.--To be eligible for a grant
under this subsection, an eligible applicant shall
submit to the Secretary an application in such form, at
such time, and containing such information as the
Secretary considers appropriate.
``(B) Solicitation process.--Not later than 30 days
after the date that amounts are made available for
grants under this subsection for a fiscal year, the
Secretary shall solicit grant applications for eligible
projects in accordance with this subsection.
``(6) Project selection criteria.--
``(A) In general.--The Secretary may select a
project described in paragraph (3) for funding under
this subsection if the Secretary determines that--
``(i) the project improves the safety,
efficiency, or reliability of the movement of
goods through a port or intermodal connection
to a port;
``(ii) the project is cost-effective;
``(iii) the eligible applicant has
authority to carry out the project;
``(iv) the eligible applicant has
sufficient funding available to meet the
matching requirements under paragraph (8);
``(v) the project will be completed without
unreasonable delay; and
``(vi) the project cannot be easily and
efficiently completed without Federal funding
or financial assistance available to the
project sponsor.
``(B) Additional considerations.--In selecting
projects described in paragraph (3) for funding under
this subsection, the Secretary shall give substantial
weight to--
``(i) the utilization of non-Federal
contributions; and
``(ii) the net benefits of the funds
awarded under this subsection, considering the
cost-benefit analysis of the project, as
applicable.
``(C) Small projects.--The Secretary may waive the
cost-benefit analysis under subparagraph (A)(ii), and
establish a simplified, alternative basis for
determining whether a project is cost-effective, for a
small project described in paragraph (7)(B).
``(7) Allocation of funds.--
``(A) Geographic distribution.--Not more than 25
percent of the amounts made available for grants under
this subsection for a fiscal year may be used to make
grants for projects in any 1 State.
``(B) Small projects.--The Secretary shall reserve
25 percent of the amounts made available for grants
under this subsection each fiscal year to make grants
for eligible projects described in paragraph (3)(A)
that request the lesser of--
``(i) 10 percent of the amounts made
available for grants under this subsection for
a fiscal year; or
``(ii) $1,000,000.
``(C) Dredging projects.--Not more than 25 percent
of the amounts made available for grants under this
subsection for a fiscal year may be used to make grants
for projects described in paragraph (3)(A)(ii)(III).
``(D) Development phase activities.--Not more than
10 percent of the amounts made available for grants
under this subsection for a fiscal year may be used to
make grants for development phase activities under
paragraph (3)(B).
``(8) Federal share of total project costs.--
``(A) Total project costs.--To be eligible for a
grant under this subsection, an eligible applicant
shall submit to the Secretary an estimate of the total
costs of a project under this subsection based on the
best available information, including any available
engineering studies, studies of economic feasibility,
environmental analyses, and information on the expected
use of equipment or facilities.
``(B) Federal share.--
``(i) In general.--Except as provided in
clauses (ii) and (iii), the Federal share of
the total costs of a project under this
subsection shall not exceed 80 percent.
``(ii) Dredging projects.--The Federal
share of the total costs of a project described
in paragraph (3)(A)(ii)(III) shall not exceed
50 percent.
``(iii) Rural areas.--The Secretary may
increase the Federal share of costs above 80
percent for a project located in a rural area.
``(9) Procedural safeguards.--The Secretary shall issue
guidelines to establish appropriate accounting, reporting, and
review procedures to ensure that--
``(A) grant funds are used for the purposes for
which they were made available;
``(B) each grantee properly accounts for all
expenditures of grant funds; and
``(C) grant funds not used for such purposes and
amounts not obligated or expended are returned.
``(10) Conditions.--The Secretary shall require as a
condition of making a grant under this subsection that a
grantee--
``(A) maintain such records as the Secretary
considers necessary;
``(B) make the records described in subparagraph
(A) available for review and audit by the Secretary;
and
``(C) periodically report to the Secretary such
information as the Secretary considers necessary to
assess progress.
``(11) Congressional notification.--
``(A) Notification.--At least 60 days before making
a grant for a project under this section, the Secretary
shall notify, in writing, the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives of the proposed grant.
``(B) Contents.--Each notification under
subparagraph (A) shall include--
``(i) an evaluation of and justification
for the project; and
``(ii) the amount of the proposed grant
award.
``(C) Congressional disapproval.--The Secretary may
not make a grant or any other obligation or commitment
to fund a project under this section if a joint
resolution is enacted disapproving funding for the
project before the last day of the 60-day period
described in subparagraph (A).
``(12) Limitation on statutory construction.--Nothing in
this subsection may be construed to affect existing authorities
to conduct port infrastructure programs in--
``(A) Hawaii, as authorized by section 9008 of the
SAFETEA-LU Act (Public Law 109-59; 119 Stat. 1926);
``(B) Alaska, as authorized by section 10205 of the
SAFETEA-LU Act (Public Law 109-59; 119 Stat. 1934); or
``(C) Guam, as authorized by section 3512 of the
Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (48 U.S.C. 1421r).
``(13) Reports.--The Secretary shall make available on the
website of the Department of Transportation at the end of each
fiscal year an annual report that lists each project for which
a grant has been provided under this subsection during that
fiscal year.
``(14) Administration.--
``(A) Administrative and oversight costs.--The
Secretary may retain not more than 1 percent of the
amounts appropriated for each fiscal year under this
subsection for the administrative and oversight costs
incurred by the Secretary to carry out this subsection.
``(B) Availability.--
``(i) In general.--Amounts appropriated for
carrying out this subsection shall remain
available until expended.
``(ii) Unexpended funds.--Amounts awarded
as a grant under this subsection that are not
expended by the grantee during the 4-year
period following the date of the award shall
remain available to the Secretary for use for
grants under this subsection in a subsequent
fiscal year.
``(15) Definitions.--In this subsection:
``(A) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(i) the Committee on Commerce, Science,
and Transportation of the Senate; and
``(ii) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(B) Port.--The term `port' includes--
``(i) a seaport; and
``(ii) an inland waterways port.
``(C) Project.--The term `project' includes
construction, reconstruction, rehabilitation,
acquisition of property, including land related to the
project and improvements to the land, equipment
acquisition, and operational improvements.
``(D) Rural area.--The term `rural area' means an
area that is outside an urbanized area.
``(d) Additional Authority of the Secretary.--In carrying out this
section, the Secretary may--
``(1) receive funds from a Federal or non-Federal entity
that has a specific agreement with the Secretary to further the
purposes of this section;
``(2) coordinate with other Federal agencies to expedite
the process established under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) for the improvement of
port facilities to improve the efficiency of the transportation
system, to increase port security, or to provide greater access
to port facilities;
``(3) seek to coordinate all reviews or requirements with
appropriate local, State, and Federal agencies; and
``(4) in addition to any financial assistance provided
under subsection (c), provide such technical assistance to port
authorities or commissions or their subdivisions and agents as
needed for project planning, design, and construction.''.
(c) Savings Clause.--A repeal made by subsection (b) of this
section shall not affect amounts apportioned or allocated before the
effective date of the repeal. Such apportioned or allocated funds shall
continue to be subject to the requirements to which the funds were
subject under section 50302(c) of title 46, United States Code, as in
effect on the day before the date of enactment of this Act.
SEC. 111. STRATEGIC SEAPORTS.
(a) In General.--
(1) Program established.--The Administrator of the Maritime
Administration (referred to in this section as the
``Administrator'') and the United States Transportation Command
shall establish a strategic seaport infrastructure readiness
development program to improve infrastructure at strategic
seaports to ensure those strategic seaport facilities are in a
state of good repair, have modern infrastructure, and have
sufficient readiness to support operations on 48-hours notice.
(2) Strategic seaport.--In this section, the term
``strategic seaport'' means a commercial seaport that is
designated by the Commanding General of the Military Surface
Deployment and Distribution Command as a strategic seaport that
will support the deployment of United States forces during a
military contingency or national emergency.
(b) Authority of the Administrator.--In order to carry out any
project under the strategic seaport infrastructure readiness
development program established under paragraph (1), the Administrator
may--
(1) receive funds provided for the project from the
Department of Defense, non-Federal, and private entities that
have a specific agreement or contract with the Administrator to
further the purposes of this section;
(2) coordinate with other Federal agencies to expedite
efforts of complying with requirements and procedures
established under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) in carrying out projects under the
program, including projects to improve of port facilities,
improve the efficiency of the transportation system, increase
port security, or provide greater access to port facilities;
(3) seek to coordinate all reviews or requirements relating
to the project with appropriate Federal, State, and local
agencies; and
(4) provide such technical assistance to port authorities
or commissions or their subdivisions and agents as needed for
project planning, design, and construction.
(c) Strategic Seaport Infrastructure Development Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the `Strategic Seaport
Readiness Infrastructure Development Fund', (referred to in
this section as the ``Fund'') consisting of such amounts as may
be appropriated or credited to such Fund as provided in this
section.
(2) Credits.--There may be deposited into the Fund--
(A) funds from the Department of Defense and funds
from non-Federal, private entities that have agreements
or contracts with the Administrator, which shall remain
in the Fund until expended or refunded; and
(B) such amounts as may be appropriated or
transferred to the Fund.
(3) Transfers.--Amounts appropriated or otherwise made
available for any fiscal year for a strategic seaport may be
transferred, at the option of the recipient of such amounts, to
the Fund and may be administered by the Administrator as a
component of a project under the program.
(d) Use of Funds From the Strategic Seaport Readiness
Infrastructure Development Fund.--The Administrator, in conjunction
with the United States Transportation Command, may use funds from the
Fund to--
(1) administer and carry out projects under the strategic
seaport infrastructure readiness development program under this
section, including projects to--
(A) upgrade infrastructure resiliency of piers or
wharfs or enhancing flexible lay-down areas for heavy
lift, increase efficiency in the handling Department of
Defense intermodal cargo movements, enhance shoreside
intermodal transportation infrastructure, or carry out
other similar improvements designed to increase
efficiency of Department of Defense readiness;
(B) facilitate training funding dedicated to
enhancing interoperability between military and port
terminal personnel, testing and expanding operational
areas to maximize strategic seaport capability and
assets; and
(C) provide cyber resiliency project funding
dedicated to the installation of new cybersecurity
infrastructure, or the enhancement of existing
cybersecurity infrastructure, in order to ensure
security of military operations at strategic seaports;
and
(2) make refunds for projects under that program that will
not be completed.
SEC. 112. MARITIME TECHNICAL ASSISTANCE PROGRAM.
Section 50307 of title 46, United States Code, is amended--
(1) in subsection (a), by striking ``The Secretary of
Transportation may engage in the environmental study'' and
inserting ``The Maritime Administrator, on behalf of the
Secretary of Transportation, shall engage in the study'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``may'' and inserting ``shall''; and
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``that are likely to achieve
environmental improvements by'' and inserting
``to improve'';
(ii) by redesignating subparagraphs (A)
through (C) as clauses (i) through (iii),
respectively;
(iii) by inserting before clause (i), the
following:
``(A) performance to meet international standards
and guidelines, including--''; and
(iv) in clause (iii), as redesignated by
clause (ii), by striking ``species; and'' and
all that follows through the end of the
subsection and inserting ``species, reducing
propeller cavitation;
``(B) the efficiency and competitiveness of
domestic maritime industries; and
``(2) coordinate with the Environmental Protection Agency,
the Coast Guard, and other Federal, State, local, or tribal
agencies, as appropriate.'';
(3) in subsection (c)(2), by striking ``benefits'' and
inserting ``or other benefits to domestic maritime
industries''; and
(4) by adding at the end the following:
``(e) Limitations on the Use of Funds.--For the purposes of this
program, no more than 3 percent of funds may be used for administrative
purposes.''.
SEC. 113. DOMESTIC SHIP RECYCLING FACILITIES.
Section 3502 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (54 U.S.C. 308704 note) is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Scrapping of Imported Vessels.--
``(1) In general.--Notwithstanding any other provision of
law, domestic ship scrapping facilities selected by the
Secretary of Transportation in accordance with subsection (b)
may import into the United States, for the purpose of
dismantling, marine vessels that contain regulated levels of
polychlorinated biphenyls that are integral to a vessel's
structure, equipment, or systems necessary for its operation.
``(2) No tsca prior authorization required.--In lieu of
rulemaking by the Administrator of the Environmental Protection
Agency under section 6(e) of the Toxic Substances Control Act
(15 U.S.C. 2605(e)), imports of vessels containing regulated
levels of polychlorinated biphenyls shall be subject to prior
notification and consent in accordance with this subsection.
``(3) Notification.--
``(A) Contents.--An importer of 1 or more vessels
containing regulated levels of polychlorinated
biphenyls shall submit a notification to the
Environmental Protection Agency not less than 75 days
before a vessel is imported into the United States
under this subsection. The import notification may
cover up to one year of shipments of vessels containing
regulated levels of polychlorinated biphenyls being
sent to the same ship scrapping facility, and shall
contain, at a minimum, the following items:
``(i) The name, contact name, address,
telephone number, email address, and EPA
Identification Number (if applicable) of the
ship scrapping facility and the recognized
trader, if the ship scrapping facility is not
the importer.
``(ii) The name, contact name, address,
telephone number, email address, and EPA
Identification Number (if applicable) of each
facility where polychlorinated biphenyls or
hazardous materials contained on a vessel will
be stored and disposed of, including any
polychlorinated biphenyls storage or disposal
facility approved under the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.).
``(iii) The types of polychlorinated
biphenyls or polychlorinated biphenyls items
expected to be removed from the vessels.
``(iv) The number of vessels proposed for
import and maximum tonnage.
``(v) The period of time covered by the
import notice (not to exceed one year) and the
start and end dates of shipment.
``(B) Form.--Each notice under this paragraph shall
be clearly marked `PCB Waste Import Notice' and shall
be submitted to the Environmental Protection Agency in
such form and manner as the Environmental Protection
Agency may require.
``(C) Revised notification.--If an importer wishes
to change any of the information specified on the
original notification, the importer must submit a
revised notification, containing notification of the
changes, to the Environmental Protection Agency.
``(4) Consent.--
``(A) In general.--An importer shall not import
vessels containing regulated levels of polychlorinated
biphenyls until the importer has received consent from
the Administrator of the Environmental Protection
Agency.
``(B) Terms.--Importers shall only import vessels
under the terms of the consent issued by the
Administrator of the Environmental Protection Agency
under this paragraph and subject to the condition that
the facility shall establish a valid written contract,
chain of contracts, or equivalent arrangements with
other United States facilities, where applicable, to
manage the polychlorinated biphenyls and hazardous
waste expected to be removed from the vessel or
vessels.
``(5) Report to the environmental protection agency.--Any
ship scrapping facility authorized by this subsection to import
vessels containing regulated levels of polychlorinated
biphenyls shall file with the Administrator of the
Environmental Protection Agency, not later than April 1 of each
year, a report providing, for each vessel imported in
accordance with this subsection, the following information:
``(A) The vessel name and approximated tonnage.
``(B) Registration number and flag of the vessel.
``(C) The date of import.
``(D) The types, quantities, and final destination
of all polychlorinated biphenyls and hazardous waste
removed.
``(E) The EPA-issued consent number under which the
vessel was imported.
``(6) Applicable laws.--Once a vessel has been imported
pursuant to this subsection, the manufacturing, processing,
distribution in commerce, use, and disposal of any
polychlorinated biphenyls and hazardous waste contained on the
vessel shall be carried out in accordance with applicable
Federal, State, and local laws and regulations.
``(7) Authority.--The Administrator of the Environmental
Protection Agency may promulgate additional standards or
procedures for the import of ships that contain regulated
levels of polychlorinated biphenyls and hazardous waste, for
the purpose of recycling, under this subsection, if--
``(A) the benefits of such additional standards or
procedures exceed the costs of those standards or
procedures;
``(B) not later than 180 days prior to promulgating
such additional standards or procedures, the
Administrator of the Environmental Protection Agency
submits a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives demonstrating compliance with
subparagraph (A) and the reasons such standards or
procedures are necessary; and
``(C) the Administrator of the Environmental
Protection Agency receives the concurrence of the
Maritime Administrator on any such additional standards
or procedures.''.
SEC. 114. IMPROVEMENT OF NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.
(a) Additional Means of Achievement of Goals of Program Through
Oceanographic Efforts.--Section 8931(b)(2) of title 10, United States
Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``identifying'' and inserting
``creating''; and
(B) by inserting ``science,'' after ``areas of'';
and
(2) by striking subparagraph (B) and inserting the
following:
``(B) soliciting, accepting, and executing
oceanographic research and observational projects
funded by private grants, contracts, or cooperative
agreements that contribute to such goals.''.
(b) National Ocean Research Leadership Council Membership.--Section
8932 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (10);
(B) by redesignating paragraphs (11) through (14)
as paragraphs (12) through (15), respectively; and
(C) by inserting after paragraph (9) the following
new paragraphs:
``(10) The Bureau of Ocean Energy Management of the
Department of the Interior.
``(11) The Bureau of Safety and Environmental Enforcement
of the Department of the Interior.'';
(2) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking
``broad participation within the oceanographic
community'' and inserting ``appropriate
participation within the oceanographic
community, including public, academic,
commercial, and private participation or
support'';
(ii) in subparagraph (E), by striking
``peer''; and
(iii) by adding at the end the following:
``(F) Preexisting facilities, such as regional data
centers operated by the Integrated Ocean Observing
system, and expertise.''; and
(B) by striking paragraph (3);
(3) in subsection (e)--
(A) in the subsection heading by striking
``Report'' and inserting ``Briefing'';
(B) in the matter preceding paragraph (1), by
striking ``to Congress a report'' and inserting ``to
the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Natural Resources of
the House of Representatives a briefing'';
(C) by striking ``report'' and inserting
``briefing'' each place the term appears;
(D) by striking paragraph (4) and inserting the
following:
``(4) A description of the involvement of Federal agencies
and non-Federal contributors participating in the program.'';
and
(E) in paragraph (5), by striking ``and the
estimated expenditures under such programs, projects,
and activities during such following fiscal year'' and
inserting ``and the estimated expenditures under such
programs, projects, and activities of the program
during such following fiscal year'';
(4) in subsection (f)--
(A) by striking paragraph (1) and inserting the
following:
``(1) The Secretary of the Navy shall establish an office
to support the National Oceanographic Partnership Program. The
Council shall use competitive procedures in selecting an
operator for the partnership program office. If practicable, an
organization or entity may be selected as operator only if the
organization or entity has experience managing interagency
programs and programs with participation from other public and
private entities.''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by inserting ``,
where appropriate,'' before ``managing''; and
(ii) in subparagraph (C), by inserting ``,
cooperative agreements,'' after ``contracts,'';
and
(5) by amending subsection (g) to read as follows:
``(g) Contract and Grant Authority.--
``(1) In general.--To carry out the purposes of the
National Oceanographic Partnership Program, the Council shall
have, in addition to other powers otherwise given it under this
chapter, the following authorities:
``(A) To authorize one or more of the departments
or agencies represented on the Council to enter into
contracts and make grants or cooperative agreements,
and establish and manage new collaborative programs as
considered appropriate, to address emerging science
priorities using both donated and appropriated funds.
``(B) To authorize the program office under
subsection (f), on behalf of the Council, to accept
funds, including fines and penalties, from other
Federal and State departments and agencies.
``(C) To authorize the program office, on behalf of
the Council, to award grants and enter into contracts
for purposes of the National Oceanographic Partnership
Program.
``(D) To authorize the program office, on behalf of
the Council, to solicit, accept and execute
oceanographic research projects for purposes of the
National Oceanographic Partnership Program that are
funded by private grants, contracts, and donations.
``(E) To transfer funds to other Federal and State
departments and agencies in furtherance of the purposes
of the National Oceanographic Partnership Program.
``(F) To authorize one or more of the departments
or agencies represented on the Council to enter into
contracts and make grants, for the purpose of
implementing the National Oceanographic Partnership
Program and carrying out the responsibilities of the
Council.
``(G) To use, with the consent of the head of the
agency or entity concerned, on a non-reimbursable
basis, the land, services, equipment, personnel,
facilities, advice, and information provided by a
Federal agency or entity, State, local government,
Tribal government, territory, or possession, or any
subdivisions thereof, or the District of Columbia as
may be helpful in the performance of the duties of the
Council.
``(2) Funds transferred.--Funds identified for direct
support of National Oceanographic Partnership Program grants
are authorized for transfer between agencies and are exempt
from section 1535 of title 31, United States Code (commonly
known as the `Economy Act of 1932').''.
SEC. 115. IMPROVEMENTS TO THE MARITIME GUARANTEED LOAN PROGRAM.
(a) Definitions.--Section 53701 of title 46, United States Code, is
amended--
(1) by striking paragraph (5);
(2) by redesignating paragraphs (6) through (15) as
paragraphs (5) through (14), respectively; and
(3) by adding at the end the following:
``(15) Vessel of national interest.--The term `Vessel of
National Interest' means a vessel deemed to be of national
interest that meets characteristics determined by the
Administrator, in consultation with the Secretary of Defense,
the Secretary of Homeland Security, or the heads of other
Federal agencies, as described in section 53703(e).''.
(b) Preferred Lender.--Section 53702(a) of title 46, United States
Code, is amended--
(1) by striking ``The Secretary or Administrator, on terms
the Secretary or Administrator may prescribe,'' and inserting
the following:
``(1) Guarantee.--The Secretary, acting through the
Administrator, on terms the Secretary or Administrator may
prescribe,''; and
(2) by adding at the end the following:
``(2) Preferred eligible lender.--The Federal Financing
Bank shall be the preferred eligible lender of the principal
and interest of the guaranteed obligations issued under this
chapter.''.
(c) Application and Administration.--Section 53703 of title 46,
United States Code, is amended--
(1) in the section heading, by striking ``procedures'' and
inserting ``and administration''; and
(2) by adding at the end the following:
``(c) Independent Analysis.--
``(1) In general.--To assess and mitigate the risks due to
factors associated with markets, technology, financial, or
legal structures related to an application or guarantee under
this chapter, the Secretary or Administrator may utilize third-
party experts, including legal counsel, to--
``(A) process and review applications under this
chapter, including conducting independent analysis and
review of aspects of an application;
``(B) represent the Secretary or Administrator in
structuring and documenting the obligation guarantee;
``(C) analyze and review aspects of, structure, and
document the obligation guarantee during the term of
the guarantee;
``(D) recommend financial covenants or financial
ratios to be met by the applicant during the time a
guarantee under this chapter is outstanding that are--
``(i) based on the financial covenants or
financial ratios, if any, that are then
applicable to the obligor under private sector
credit agreements; and
``(ii) in lieu of other financial covenants
applicable to the obligor under this chapter
with respect to requirements regarding long-
term debt-to-equity, minimum working capital,
or minimum amount of equity; and
``(E) represent the Secretary or Administrator to
protect the security interests of the Government
relating to an obligation guarantee.
``(2) Private sector expert.--Independent analysis, review,
and representation conducted under this subsection shall be
performed by a private sector expert in the applicable field
who is selected by the Secretary or Administrator.
``(d) Vessels of National Interest.--
``(1) Notice of funding.--The Secretary or Administrator
may post a notice in the Federal Register regarding the
availability of funding for obligation guarantees under this
chapter for the construction, reconstruction, or reconditioning
of a Vessel of National Interest and include a timeline for the
submission of applications for such vessels.
``(2) Vessel characteristics.--
``(A) In general.--The Secretary or Administrator,
in consultation with the Secretary of Defense, the
Secretary of Homeland Security, or the heads of other
Federal agencies, shall develop and publish a list of
vessel types that would be considered Vessels of
National Interest.
``(B) Review.--Such list shall be reviewed and
revised every 4 years or as necessary, as determined by
the Administrator.''.
(d) Funding Limits.--Section 53704 of title 46, United States Code,
is amended--
(1) in subsection (a)--
(A) by striking ``that amount'' and all the follows
through ``$850,000,000'' and inserting ``that amount,
$850,000,000''; and
(B) by striking ``facilities'' and all that follows
through the end of the subsection and inserting
``facilities.''; and
(2) in subsection (c)(4)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) through (K),
as subparagraphs (A) through (J), respectively.
(e) Eligible Purposes of Obligations.--Section 53706 of title 46,
United States Code, is amended--
(1) in subsection (a)(1)(A)--
(A) in the matter preceding clause (i), by striking
``(including an eligible export vessel)'';
(B) in clause (iv) by adding ``or'' after the
semicolon;
(C) in clause (v), by striking ``; or'' and
inserting a period; and
(D) by striking clause (vi); and
(2) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon;
(B) in subparagraph (B)(ii), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) after applying subparagraphs (A) and (B),
Vessels of National Interest.''.
(f) Amount of Obligations.--Section 53709(b) of title 46, United
States Code, is amended--
(1) by striking paragraphs (3) and (6); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(g) Contents of Obligations.--Section 53710 of title 46, United
States Code, is amended--
(1) in subsection (a)(4)--
(A) in subparagraph (A)--
(i) by striking ``or, in the case of'' and
all that follows through ``party''; and
(ii) by striking ``and'' after the
semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) documented under the laws of the United
States for the term of the guarantee of the obligation
or until the obligation is paid in full, whichever is
sooner.''; and
(2) in subsection (c)--
(A) in the subsection heading, by inserting ``and
Provide for the Financial Stability of the Obligor''
after ``Interests'';
(B) by striking ``provisions for the protection
of'' and inserting ``provisions, which shall include--
``(1) provisions for the protection of'';
(C) by striking ``, and other matters that the
Secretary or Administrator may prescribe.'' and
inserting ``; and''; and
(D) by adding at the end the following:
``(2) any other provisions that the Secretary or
Administrator may prescribe.''.
(h) Administrative Fees.--Section 53713 of title 46, United States
Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``shall'' and inserting
``may''; and
(ii) by striking ``reasonable for--'' and
inserting ``reasonable for processing the
application and monitoring the loan guarantee,
including for--'';
(B) in paragraph (4), by striking ``; and'' and
inserting ``or a deposit fund under section 53716 of
this title;'';
(C) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(6) monitoring and providing services related to the
obligor's compliance with any terms related to the obligations,
the guarantee, or maintenance of the Secretary or
Administrator's security interests under this chapter.''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``under section
53708(d) of this title'' and inserting ``under section
53703(d) of this title'';
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(C) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(D) by adding at the end the following:
``(2) Fee limitation inapplicable.--Fees collected under
this subsection are not subject to the limitation of subsection
(b).''.
(i) Best Practices; Eligible Export Vessels.--Chapter 537 of title
46, United States Code, is further amended--
(1) in subchapter I, by adding at the end the following new
section:
``Sec. 53719. Best practices
``The Secretary or Administrator shall ensure that all standard
documents and agreements that relate to loan guarantees made pursuant
to this chapter are reviewed and updated every four years to ensure
that such documents and agreements meet the current commercial best
practices to the extent permitted by law.''; and
(2) in subchapter III, by striking section 53732.
(j) Express Consideration of Low-Risk Applications.--Not later than
180 days after the date of enactment of this Act, the Administrator of
the Maritime Administration shall, in consultation with affected
stakeholders, create a process for express processing of low-risk
maritime guaranteed loan applications under chapter 537 of title 46,
United States Code, based on Federal and industry best practices,
including proposals to better assist applicants to submit complete
applications within 6 months of the initial application.
(k) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 537
of title 46, United States Code, is amended by inserting after
the item relating to section 53718 the following new item:
``53719. Best practices.''.
(2) The table of sections at the beginning of chapter 537
of title 46, United States Code, is further amended by striking
the item relating to section 53732.
SEC. 116. TECHNICAL CORRECTIONS.
(a) The Native American Veterans' Memorial Establishment Act of
1994.--The Native American Veterans' Memorial Establishment Act of 1994
(20 U.S.C. 80q-5 note) is amended--
(1) in section 2, by striking ``Armed Forces'' each place
the term appears and inserting ``uniformed services''; and
(2) in section 3(c), by adding at the end the following:
``(3) Any design so selected shall include a representation
of all the uniformed services (as that term is defined in
section 101(a) of title 10, United States Code).''.
(b) Office of Personnel Management Guidance.--Not later than 120
days after the date of enactment of this Act, the Director of the
Office of Personnel Management, in consultation with the Administrator
of the Maritime Administration, shall identify key skills and
competencies necessary to maintain a balance of expertise in merchant
marine seagoing service and strategic sealift military service in each
of the following positions within the Office of the Commandant:
(1) Commandant.
(2) Deputy Commandant.
(3) Tactical company officers.
(4) Regimental officers.
(c) Sea Year Compliance.--Section 3514(a)(1)(A) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 46
U.S.C. 51318 note) is amended by inserting ``domestic and
international'' after ``criteria that''.
TITLE II--MARITIME SAFE ACT
SEC. 201. SHORT TITLE.
(a) Short Title.--This title may be cited as the ``Maritime
Security and Fisheries Enforcement Act'' or the ``Maritime SAFE Act''.
SEC. 202. DEFINITIONS.
In this title:
(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 222(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 222(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. 203. 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. 204. PURPOSES.
The purposes of this title 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;
and
(B) a tool for strengthening fisheries management
and food security;
(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. 205. 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 where existing
enforcement tools are lacking;
(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;
(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
(B) an approach for strengthening fisheries
management and food security; and
(14) to promote technological investment and innovation to
combat IUU fishing.
Subtitle A--Programs To Combat IUU Fishing and Increase Maritime
Security
SEC. 211. 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. 212. ENGAGEMENT OF DIPLOMATIC MISSIONS OF THE UNITED STATES.
Not later than 1 year after the date of the enactment of this
title, 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 221, 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. 213. 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. 214. EXPANSION OF EXISTING MECHANISMS TO COMBAT IUU FISHING.
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.
SEC. 215. 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 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; and
(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.
SEC. 216. 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, including by--
(1) promoting the use of technology to combat IUU fishing;
(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.
SEC. 217. 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.
Subtitle B--Establishment of Interagency Working Group on IUU Fishing
SEC. 221. INTERAGENCY WORKING GROUP ON IUU FISHING.
(a) In General.--There is established a collaborative interagency
working group on maritime security and IUU fishing (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 rotate between the Coast Guard, the
Department of State, and the National Oceanographic and
Atmospheric Administration on a 3-year term;
(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 Governmentwide response to IUU fishing 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
benefiting from IUU fishing;
(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;
(9) identifying opportunities for increased information
sharing between Federal agencies and partner governments
working to combat IUU fishing;
(10) consulting and coordinating with the seafood industry
and nongovernmental stakeholders that work to combat IUU
fishing;
(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, 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.
SEC. 222. STRATEGIC PLAN.
(a) Strategic Plan.--Not later than 2 years after the date of the
enactment of this title, the Working Group, after consultation with the
relevant stakeholders, 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 221.
(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 lack the capacity to police their fleet.
SEC. 223. REPORTS.
Not later than 5 years after the submission of the 5-year
integrated strategic plan under section 222, 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;
(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 222, 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 title;
(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. 224. GULF OF MEXICO IUU FISHING SUBWORKING GROUP.
(a) In General.--Not later than 90 days after the date of the
enactment of this title, 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 title 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).
Subtitle C--Authorization of Appropriations
SEC. 231. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the activities required under this title.
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