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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9440 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9440

To require a strategy to increase United States interagency cooperation 
  with partner African countries to counter illegal, unreported, and 
              unregulated fishing, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            August 30, 2024

  Mr. Moran (for himself and Mr. Amo) introduced the following bill; 
   which was referred to the Committee on Natural Resources, and in 
 addition to the Committees on Foreign Affairs, and Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To require a strategy to increase United States interagency cooperation 
  with partner African countries to counter illegal, unreported, and 
              unregulated fishing, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Enforcement in African Seas 
Act of 2024'' or the ``SEAS Act of 2024''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Illegal, unreported, and unregulated (in this Act 
        referred to as ``IUU'') fishing off Africa's coasts undermines 
        regional fisheries management and international agreements 
        aimed at curbing IUU fishing activities and is a threat to the 
        food and economic stability of coastal African countries.
            (2) Reports estimate that Illicit Financial Flows linked to 
        IUU fishing leads to an economic loss of up to $11,490,000,000 
        per year for Africa.
            (3) The Financial Transparency Coalition, in a joint report 
        with several other organizations, reported in 2022 that 48.9 
        percent of all industrial and semi-industrial vessels 
        identified as being involved in global IUU fishing were found 
        to be operating off of Africa's coasts, with 40 percent in West 
        Africa alone.
            (4) The People's Republic of China (in this Act referred to 
        as the ``PRC'') is the largest exploiter of global marine 
        fisheries, has the largest distant-water fleet in the world and 
        8 of the 10 companies most responsible for IUU fishing are 
        based in China.
            (5) IUU fishing often occurs in conjunction with violations 
        of internationally recognized worker rights, forced labor, and 
        other human rights abuses.
            (6) In a June 27, 2022, national security memorandum the 
        White House stated that ``left unchecked, IUU fishing and 
        associated labor abuses undermine United States economic 
        competitiveness, national security, fishery sustainability, and 
        the livelihoods and human rights of fishers around the world''.
            (7) In 2019, Congress passed the Maritime Security and 
        Fisheries Enforcement Act (Public Law 116-92) to support a 
        whole-of-government approach across the Federal Government to 
        counter IUU fishing and related threats to maritime security.
            (8) Efforts to combat IUU fishing benefit from strategies 
        that also target the associated maritime labor abuses like 
        violations of internationally recognized worker rights and 
        forced labor.
            (9) The 2022 National 5-Year Strategy for Combating 
        Illegal, Unreported, and Unregulated Fishing identified the 
        Gulf of Guinea as a ``Tier One Priority Region'', Northwest 
        Africa (Atlantic Ocean) and East Africa as a ``Tier Two 
        Priority Region'', and Senegal as a ``Priority Flag State'', 
        the only country in Africa to be selected for that status.
            (10) In 2020, the Coast Guard called IUU fishing the 
        ``leading global maritime security threat'' in its Illegal, 
        Unreported, and Unregulated Fishing Strategic Outlook.
            (11) In 2023, there were zero Coast Guard attaches or 
        liaisons deployed in Africa.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that the United States should--
            (1) work with and encourage African countries committed to 
        countering IUU fishing to adopt legal requirements mandating 
        the continual use of vessel-tracking technologies, including 
        vessel monitoring systems, automatic identification systems, or 
        other vessel movement monitoring technologies pertaining to 
        fishing and transshipment activities, as appropriate, during 
        the port- or ocean-based operations of vessels flagged by these 
        nations and foreign vessels operating in their exclusive 
        economic zone--
                    (A) to ensure that all such operations are legal;
                    (B) to identify vessels suspected of IUU fishing 
                activities; and
                    (C) to counter the illicit or unregulated shipment 
                of illegally caught fish products, particularly through 
                ship-to-ship transfers of such products;
            (2) document instances of private commercial entities or 
        foreign government-owned fishing vessels fishing without 
        authorization within the exclusive economic zones of African 
        countries or within high seas areas under the management of 
        regional fisheries management organizations;
            (3) compile and publish--
                    (A) a list of private commercial entities or 
                foreign government-owned fishing vessels, including 
                licenses and registration data, authorized to operate 
                in the exclusive economic zone of coastal African 
                countries; and
                    (B) details of foreign fishing fleet access 
                agreements with African countries (unless prohibited 
                under national law or contractual terms), management 
                plans, and regulations for marine fishery stocks;
            (4) develop and include in counter-IUU strategies efforts 
        to address associated maritime violations relating to 
        violations of internationally recognized worker rights and 
        forced labor; and
            (5) work to coordinate efforts to address forced labor and 
        violations of internationally recognized worker rights with 
        foreign countries and partners, where appropriate.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States to--
            (1) provide technical and other forms of counter-IUU 
        fishing capacity-building assistance to countries in Africa 
        that have prioritized such efforts and that request such 
        assistance;
            (2) engage with countries in Africa that face IUU fishing 
        challenges to deepen cooperation related to combating IUU 
        fishing; and
            (3) ensure that sufficient full-time United States 
        Government personnel, including personnel from the Coast Guard 
        and other Federal agency staff, mandated with pursuing counter-
        IUU fishing are deployed to United States Embassies in African 
        countries that face significant IUU challenges.

SEC. 5. ANNEX TO THE 2022 NATIONAL 5-YEAR STRATEGY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Interagency Working Group on IUU Fishing, as 
established by section 3551 of the Maritime Security and Fisheries 
Enforcement Act (16 U.S.C. 8031), shall submit to the appropriate 
congressional committees an annex to the 2022 National 5-Year Strategy 
for Combating Illegal, Unreported, and Unregulated Fishing relating to 
IUU fishing off the coasts of Africa. Such annex shall--
            (1) focus on efforts to counter IUU industrial fishing off 
        of Africa's coasts;
            (2) identify opportunities to expand cooperation with 
        African countries--
                    (A) to strengthen national and sub-regional 
                maritime security partnerships with the United States; 
                and
                    (B) to achieve increased success in countering IUU 
                industrial fishing; and
            (3) identify specific actions to--
                    (A) enhance African partner country--
                            (i) maritime domain awareness capabilities 
                        relating to IUU fishing;
                            (ii) capability to manage fishing 
                        activities within their exclusive economic 
                        zones and to take enforcement action to address 
                        violations of such management measures, 
                        including through international coordination; 
                        and
                            (iii) legal and other institutional 
                        capacity-building necessary to develop, 
                        enhance, and enforce effective domestic laws 
                        and regulations, including those necessary to 
                        implement international legal commitments, to 
                        combat IUU fishing;
                    (B) assist with the regulation of domestic and 
                foreign commercial fishing vessels and fleets operating 
                in a given country's territorial waters in a manner 
                that facilitates the identification, mitigation, and 
                prevention of unsafe working conditions, violations of 
                internationally recognized worker rights, and labor 
                abuses on such vessels and fleets; and
                    (C) increase support for existing regional 
                monitoring, control, and surveillance centers and 
                support the establishment of new such centers 
                throughout Africa.
    (b) Priority Coastal States.--
            (1) In general.--In implementing the annex required by 
        subsection (a), the Secretary of State, in consultation with 
        the Administrator of the United States Agency for International 
        Development, the Secretary of Defense, the Administrator of the 
        National Oceanic and Atmospheric Administration, the Commandant 
        of the Coast Guard and the heads of other relevant Federal 
        agencies, shall identify additional African countries to be 
        ``Priority Coastal States'' to serve as the focus of counter-
        IUU fishing efforts in Africa. Such Priority Coastal States 
        shall be chosen--
                    (A) on the basis of--
                            (i) significant negative impact that IUU 
                        fishing is having on the host country's 
                        economy, food security and stability;
                            (ii) capacity, and willingness, of the host 
                        country to work with the United States 
                        Government in countering IUU fishing; and
                            (iii) the national security interests of 
                        the United States; and
                    (B) in a manner that ensures that--
                            (i) not fewer than 4 countries are 
                        selected, including not fewer than one East 
                        African country; and
                            (ii) all of the countries are from either a 
                        Tier One or Tier Two Priority Region, as 
                        defined in the 2022 National 5-Year Strategy 
                        for Combating Illegal, Unreported, and 
                        Unregulated Fishing.
            (2) Congressional consultation.--Prior to finalization of 
        the selection of Priority Countries, representatives from the 
        Department of State, the United States Agency for International 
        Development, the Department of Defense, the National Oceanic 
        and Atmospheric Administration, and the Coast Guard shall 
        consult the appropriate congressional committees on the 
        countries being considered for prioritization and shall 
        consider congressional input on such prioritization.
            (3) Justification.--Not later than 60 days after the 
        selection of the Priority Countries under this subsection the 
        Secretary of State, in coordination with the Administrator of 
        the United States Agency for International Development, the 
        Secretary of Defense, the Administrator of the National Oceanic 
        and Atmospheric Administration, and the Commandant of the Coast 
        Guard, and in consultation with the heads of other relevant 
        Federal departments and agencies, shall submit to Congress an 
        unclassified written justification, which may include a 
        classified annex, for the Priority Countries chosen.
    (c) Implementation Plan.--Not later than 1 year after the date of 
the enactment of this Act, the Secretary of State, in coordination with 
the Administrator of the United States Agency for International 
Development, the Secretary of Defense, the Administrator of the 
National Oceanic and Atmospheric Administration, the Commandant of the 
Coast Guard, and the heads of other relevant Federal agencies, shall 
submit a plan to counter IUU fishing in the Priority Countries chosen 
under subsection (c) including by implementing the specific actions 
identified in subsection (a).
    (d) Reports.--Not later than 1 year after the date of enactment of 
this Act, and biennially thereafter for a total of 8 years, the 
Secretary of State, the Department of Justice, the Administrator of the 
National Oceanic and Atmospheric Administration, the Secretary of 
Defense, and the Secretary of Homeland Security shall jointly submit to 
the appropriate congressional committees a report, which may include a 
classified annex, that includes the following:
            (1) A review of the ongoing efforts of the United States to 
        develop the institutional capacity of partner nations in Africa 
        to interdict or identify actors involved in prohibited IUU 
        fishing practices or acts (whether prohibited by law or 
        regulation) and, as applicable, to prosecute violations of such 
        actors under existing domestic laws and, where appropriate, to 
        support the efforts of such countries to strengthen their laws 
        aimed at combatting IUU fishing.
            (2) A review of efforts to strengthen, reform, or otherwise 
        enhance the laws, policies, and regulatory systems and 
        capacities of partner nations in Africa as these tools relate 
        to countering IUU fishing, increasing transparency around 
        operations, including corruption in the allocation of fishing 
        quotas or other rights.
            (3) An assessment of the number of Department of 
        Transportation SeaVision accounts that have been allocated to 
        African countries and the associated training provided on how 
        to use SeaVision data.
            (4) A review of the progress made in identifying the 
        opportunities to expand the mechanisms to combat IUU fishing 
        laid out in section 3544 of the Maritime Security and Fisheries 
        Enforcement Act (16 U.S.C. 8014).
            (5) An assessment of actions that could be taken by the 
        United States to highlight, publicly and to African partners, 
        the IUU fishing behavior off of Africa's coasts of vessels 
        flagged to the People's Republic of China or with Chinese 
        beneficial owners and the negative impact caused by IUU fishing 
        to partner countries in Africa.
            (6) A recording and assessment of the total number of 
        vessels engaged in suspected IUU fishing detected in Africa by 
        the United States and the country of origin for each such 
        vessel during the 2-year period ending on the date of the 
        submission of the report.
            (7) A review of ongoing efforts by the United States to 
        promote maritime security, marine environmental protection, and 
        fisheries sustainability in Africa including the number, and 
        per-country breakdown, of United States Government personnel 
        situated in diplomatic or consular posts in Africa who work on 
        the counter-IUU fishing portfolio, either full or part time.
            (8) A recording and assessment of the number of 
        interdictions and boarding and inspections in or off African 
        waters of fishing vessels suspected of IUU fishing activities 
        by the Coast Guard, United States Navy, or other relevant 
        Federal departments and agencies, that occurred during the 2-
        year period ending on the date of the submission of the report.
            (9) Specific opportunities to--
                    (A) enhance coordination between the Department of 
                State, the United States Agency for International 
                Development, and the Coast Guard, specifically through 
                the Maritime Advisors program, as it relates to 
                counter-IUU fishing efforts in African countries;
                    (B) enhance cooperation between the Coast Guard, 
                the Navy, the Department of State, the United States 
                Agency for International Development, the National 
                Oceanic and Atmospheric Administration, and other 
                relevant Federal departments and agencies, and the 
                maritime forces of African countries that are allies 
                and partners of the United States, to coordinate and 
                improve counter-IUU fishing efforts;
                    (C) strengthen engagement and coordination by the 
                Coast Guard with other relevant Federal departments and 
                agencies that lead United States participation in 
                regional organizations, including regional fisheries 
                management organizations, dedicated to coordination and 
                cooperation in support of the fisheries policies that 
                align with customary international law related to 
                fisheries management, trade, and law enforcement, 
                international best fishing practices, and United States 
                standards, ocean conservation, maritime security, and 
                related initiatives of Africa;
                    (D) increase the presence of the Coast Guard 
                personnel and other relevant Federal departments and 
                agencies authorized to address IUU fishing at United 
                States diplomatic and consular posts across Africa to 
                support host country law enforcement and capacity-
                building initiatives;
                    (E) increase the frequency, and duration of stay, 
                of Coast Guard Mobile Training Teams visits to Africa; 
                and
                    (F) include Coast Guard-led counter-IUU fishing 
                exercises in the annual Department of Defense at-sea 
                exercises conducted with partner countries in Africa 
                including, if appropriate, participation by other 
                relevant United States departments and agencies.

SEC. 6. FEASIBILITY STUDY ON INCREASING THE PRESENCE OF THE COAST GUARD 
              IN AFRICA.

    (a) In General.--The Commandant of the Coast Guard and the 
Secretary of State, in consultation with the Secretary of Defense and 
in coordination with the heads of other relevant Federal departments 
and agencies, shall conduct a feasibility study to assess the potential 
for, and challenges to, increasing the number of personnel of the Coast 
Guard and other Federal departments or agencies with counter-IUU 
fishing technical capacities and mandates at United States diplomatic 
and consular posts in Africa.
    (b) Recommended Assumptions.--For the purposes of the feasibility 
study required by subsection (a) Congress recommends that the following 
assumptions be made:
            (1) The Coast Guard personnel deployed must be in the role 
        of a Coast Guard Attache, Coast Guard Liaison Officer, Coast 
        Guard Maritime Advisor, or Coast Guard Security Cooperation 
        Officer.
            (2) The deployed Coast Guard personnel shall remain in the 
        Coast Guard Priority Country for a tour of duty no shorter than 
        2 years.
    (c) Identification of Priority Countries.--Not later than 180 days 
after the date of enactment of this Act, the Commandant of the Coast 
Guard and the Secretary of State, in coordination with the Secretary of 
Defense, shall identify certain African countries, to be known under 
this Act as ``Coast Guard Priority Countries'' that would benefit the 
most from an increased Coast Guard presence. Such countries shall be 
selected pursuant to the following:
            (1) Coast Guard Priority Countries shall be selected on the 
        basis of the criteria laid out in section 5(c)(1) for 
        identifying ``Priority Countries'' and shall also take into 
        account the likelihood that the deployment of Coast Guard 
        personnel to the United States Embassy in the country would 
        measurably increase the effectiveness of counter-IUU fishing 
        efforts.
            (2) Prior to finalization of the selection of the Coast 
        Guard Priority Countries, representatives from the Department 
        of State, the Department of Defense, the Coast Guard and other 
        relevant Federal departments and agencies, shall consult the 
        appropriate congressional committees on the countries being 
        considered and shall consider congressional input on such 
        prioritization.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Commandant of the Coast Guard, in coordination with the 
Secretary of State and the Secretary of Defense, shall submit to the 
appropriate congressional committees a written justification for the 
priority countries selected that includes--
            (1) the results of the feasibility study undertaken 
        pursuant to subsection (a);
            (2) justification as to why the Coast Guard Priority 
        Countries were chosen;
            (3) how the Coast Guard personnel deployed on an ongoing 
        basis to embassies in Coast Guard Priority Countries will 
        benefit counter-IUU fishing efforts in these countries;
            (4) the expected timeline it would take for the Coast Guard 
        personnel to arrive in each of the Coast Guard Priority 
        Countries selected;
            (5) the current capacity of the host nation government, to 
        include the number of maritime assets in the host country navy 
        or coast guard, and the willingness and ability of the host 
        country government to implement reforms to facilitate 
        successful counter-IUU fishing; and
            (6) an assessment of challenges or impediments to Coast 
        Guard deployment to Coast Guard Priority Country.

SEC. 7. INCREASED TRAINING IN ILLEGAL, UNREPORTED, AND UNREGULATED 
              FISHING DIPLOMACY.

    Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is 
amended--
            (1) in subsection (a)(1)(C), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subsection (a)(1)(D) by striking ``.'' and inserting 
        ``; and'';
            (3) by adding at the end of subsection (a)(1) the following 
        new subparagraph:
                    ``(E) for Foreign Service Officers who will be 
                assigned to a country experiencing or at risk for human 
                trafficking, maritime violations of internationally 
                recognized worker rights, and maritime forced labor 
                within their seafood sector, including on distant water 
                fishing fleets, as determined by the Secretary of 
                State, in consultation with the heads of other relevant 
                Federal agencies, instruction on monitoring and 
                countering illegal, unregulated and unreported fishing 
                through the training described in subsection (f).''; 
                and
            (4) by adding at the end the following new subsection:
    ``(f) Counter-IUU Fishing.--The Secretary of State, in consultation 
with the Secretary of Defense, the Commandant of the Coast Guard, the 
Administrator of the National Oceanic and Atmospheric Administration, 
the heads of other relevant Federal agencies, and appropriate 
representatives of the private sector, shall establish as part of the 
standard training for Foreign Service Officers, chiefs of mission, and 
deputy chiefs of mission serving or preparing to serve in countries 
that were identified as being in a Tier One, Tier Two, or Tier Three 
Priority Region, as defined in the most recent National 5-Year Strategy 
for Combating Illegal, Unreported, and Unregulated Fishing, training on 
matters related to countering illegal, unregulated and unreported (IUU) 
fishing, maritime violations of internationally recognized worker 
rights, and maritime forced labor in the respective host country, 
including--
            ``(1) ongoing efforts to counter-IUU fishing;
            ``(2) country maritime domain awareness capabilities 
        including technical assistance;
            ``(3) maritime law enforcement activities, including 
        international coordination;
            ``(4) legal capacity to strengthen and enforce domestic 
        fisheries management and conservation laws and regulations, 
        including those necessary to implement international legal 
        commitments, aimed at countering IUU fishing, maritime 
        violations of internationally recognized worker rights, forced 
        labor;
            ``(5) legal capacity to identify, apprehend, investigate 
        and prosecute transgressors; and
            ``(6) challenges to implementing effective counter-IUU 
        fishing efforts.''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    Amounts made available to carry out this Act and the amendments 
made by this Act shall be derived from amounts otherwise authorized to 
be appropriated to each applicable Federal department or agency, and in 
particular, with respect to activities of the Department of State, from 
the Counter PRC Influence Fund of such Department.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (B) the Committee on Foreign Relations of the 
                Senate.
            (2) Forced labor.--The term ``forced labor'' has the 
        meaning given that term in section 307 of the Tariff Act of 
        1930 (19 U.S.C. 1307).
            (3) IUU fishing.--The term ``IUU fishing'' means activities 
        described as 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).
            (4) Internationally recognized worker rights.--The term 
        ``internationally recognized worker rights'' has the meaning 
        give that term in section 601 of the Trade Act of 1974 (19 
        U.S.C. 2467).
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