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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7209 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 7209

   To provide for the establishment of a Caribbean and Latin America 
    Maritime Security Initiative to combat illegal, unreported, and 
 unregulated fishing in the Caribbean and Latin America, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 1, 2024

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

_______________________________________________________________________

                                 A BILL

 
   To provide for the establishment of a Caribbean and Latin America 
    Maritime Security Initiative to combat illegal, unreported, and 
 unregulated fishing in the Caribbean and Latin America, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Caribbean and Latin America Maritime 
Security Initiative Act of 2024''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Illegal, unreported, and unregulated (in this Act 
        referred to as ``IUU'') fishing is contrary to the United 
        States commitment to sovereign rights, a rules-based global 
        order, and relevant international treaties and obligations 
        governing exclusive economic zones and environmental 
        protections.
            (2) IUU fishing undermines the sustainable management of 
        protected living marine resources.
            (3) The sustainable harvest of fish stocks is directly 
        linked to food and economic security both for the United States 
        and around the globe.
            (4) In 2019, Congress passed the Maritime Security and 
        Fisheries Enforcement Act (Public Law 116-92) to support a 
        whole-of-government approach across the Federal Government to 
        counter IUU fishing and related threats to maritime security 
        and take action to curtail the global trade in seafood and 
        seafood products derived from IUU fishing, including its links 
        to forced labor and transnational organized illegal activity.
            (5) The People's Republic of China maintains a distant-
        water fishing fleet, which engages in a variety of problematic 
        behavior in Latin America's waters, including--
                    (A) overfishing;
                    (B) the deliberate catching of protected living 
                marine resources; and
                    (C) often entering the exclusive economic zones and 
                marine protected areas of the region and suspected of 
                fishing without authorization.
            (6) China's distant water fleet facilitates its attempts to 
        strengthen bilateral relationships, cultivate influence, and 
        affect specific policy or diplomatic outcomes.
            (7) Chinese IUU fishing without authorization in other 
        countries' waters demonstrates China's drive to capture the 
        region's resources and undermines countries' sovereign rights.

SEC. 3. CARIBBEAN AND LATIN AMERICA MARITIME SECURITY INITIATIVE.

    (a) Program Required.--The Secretary of Defense, the Secretary of 
Homeland Security, the Secretary of State, and the heads of other 
relevant Federal agencies shall cooperate to carry out a program, to be 
known as the ``Caribbean and Latin America Maritime Security 
Initiative'', in support of strengthening maritime security 
partnerships in the Caribbean and Latin America using assets of the 
Department of Defense, the Department of Homeland Security, and other 
relevant Federal departments and agencies, as determined necessary.
    (b) Program Goals.--The goals of the program required under 
subsection (a) shall be, to the extent practicable--
            (1) to enhance cooperation between personnel of the Coast 
        Guard, the Department of Defense, other relevant Federal 
        departments and agencies, and, where appropriate, the maritime 
        forces of countries that are allies and partners of the United 
        States in the Caribbean and Latin America;
            (2) to strengthen the participation and coordination of the 
        Coast Guard and, where appropriate, the Department of Defense 
        and other relevant Federal departments and agencies, in 
        regional organizations dedicated to coordination and 
        cooperation in support of the fisheries policies that align 
        with customary international law and United States standards, 
        ocean conservation, maritime security, and related initiatives 
        of the Caribbean and Latin America;
            (3) to enhance partner country--
                    (A) maritime domain awareness;
                    (B) capability to perform fisheries management and 
                law enforcement activities within their exclusive 
                economic zones, including through international 
                coordination; and
                    (C) legal capacity to develop and enforce effective 
                domestic laws and regulations, including those 
                necessary to implement international legal commitments, 
                effectively protect the marine environment, and combat 
                IUU fishing;
            (4) to increase the capabilities of the Coast Guard 
        personnel and other relevant Federal departments and agencies 
        authorized to address IUU fishing to support law enforcement, 
        maritime protection, and capacity-building initiatives in the 
        Caribbean and Latin America;
            (5) to support partner country access to, or acquisition 
        of, capabilities to improve maritime domain awareness, improve 
        the ability to monitor fisheries and other marine resources, 
        and strengthen natural disaster warning and response;
            (6) to encourage Caribbean and Latin American flag states 
        to mandate the use of vessel tracking technologies, including 
        vessel monitoring systems, automatic identification systems, or 
        other vessel movement monitoring technologies on fishing 
        vessels and transshipment vessels flagged by these countries 
        and foreign vessels authorized to operate in their exclusive 
        economic zones at all times, as appropriate, while at sea as a 
        means to identify IUU fishing activities and the shipment of 
        illegally caught fish products; and
            (7) to document instances of private commercial entities or 
        government owned fishing vessels fishing without authorization 
        in the exclusive economic zones of countries in the Caribbean 
        and Latin America.
    (c) Combating IUU Fishing in Caribbean and Latin America.--Under 
the program required by subsection (a), the Secretary of Defense, the 
Secretary of State, the Secretary of Homeland Security, and the heads 
of other relevant Federal agencies shall jointly assess opportunities 
to combat IUU fishing by expanding, as appropriate, the use of the 
following mechanisms with respect to countries in the Caribbean and 
Latin America:
            (1) The systematic inclusion of counter-IUU fishing as a 
        mission in existing maritime law enforcement agreements 
        concerning operational cooperation to suppress illicit 
        transnational maritime activity to which the United States is a 
        party.
            (2) Entering into such agreements that include counter-IUU 
        fishing as an objective with countries with which the United 
        States has not already entered into such an agreement.
            (3) The inclusion of counter-IUU fishing as part of the 
        mission of the Combined Maritime Forces.
            (4) The inclusion of Coast Guard-led counter-IUU fishing 
        exercises in the annual Department of Defense-led at-sea 
        exercises conducted with partner countries in the Caribbean and 
        Latin America, including, if appropriate, participation by 
        other relevant United States agencies.
    (d) Friendly Foreign Country Operation Designation.--The Secretary 
of Defense may designate the program required by subsection (a) under 
section 331(b) of title 10, United States Code, as an operation for 
which support may be provided under such section to countries in the 
Caribbean and Latin America Security Initiative, if the support will be 
provided solely to governmental organizations of recipient countries 
for which maritime security is among their functional responsibilities.
    (e) Strategy Required.--Not later than one year after the date of 
the enactment of this Act, the Secretary of Defense, the Secretary of 
State, the Secretary of Homeland Security, and the Secretary of 
Commerce shall jointly submit to the appropriate congressional 
committees a report that includes the following:
            (1) A review of the ongoing efforts of the United States to 
        develop the institutional capacity of partner countries in the 
        Caribbean and Latin America to prosecute cases involving IUU 
        fishing under their existing laws or through relevant 
        international legal instruments, guidance, and institutions 
        governing environmental protection, territorial sovereignty, 
        and maritime law.
            (2) An estimate of the number of vessels flying flags of 
        convenience in the Caribbean and Latin America, the scope of 
        the problems caused by the flying of such flags, and an 
        analysis of actions that could be taken by the United States in 
        conjunction with partner countries to deter the flying of such 
        flags.
            (3) An assessment of the authorities and resources needed 
        to support the institutional capacity building of partner 
        countries to mitigate the flying of flags of convenience.
            (4) An assessment of actions that could be taken by the 
        Department of State with other relevant Federal departments and 
        agencies to partner with relevant international organizations 
        to mitigate IUU fishing, including international legal 
        coordination and data sharing, enforcement practices, and 
        holding flag States responsible for IUU fishing practices.
            (5) An assessment of actions that could be taken by the 
        United States to partner with relevant nongovernmental 
        organizations to promote awareness of the ramifications of IUU 
        fishing and to work with Caribbean and Latin American states to 
        build legal authorities needed to prosecute cases involving IUU 
        fishing and enforce fishery conservation and management 
        measures.
            (6) An assessment of actions that could be taken by the 
        United States to highlight the IUU fishing behavior of vessels 
        flagged to countries, including China, and the harm caused by 
        IUU fishing to partner countries and to the environment.
            (7) A review of ongoing efforts by the United States to 
        promote maritime security, environmental protection, and 
        fisheries sustainability in the Caribbean and Latin America.
            (8) For each maritime law enforcement agreement or other 
        agreement relevant to international cooperation and law 
        enforcement on fisheries issues entered into with any country 
        in the Caribbean or Latin America--
                    (A) an identification of the countries party to the 
                agreement;
                    (B) an identification of the fiscal year during 
                which the agreement was entered into; and
                    (C) a description of the contents of the agreement.
            (9) A review of institutional barriers, including 
        authorities to enter into maritime law enforcement agreements 
        and funding needed to execute maritime law enforcement 
        agreements, within Federal departments.
            (10) An assessment of how many interdictions and high seas 
        boarding and inspections of fishing vessels for suspected IUU 
        fishing activities occurred during the 12-month period 
        preceding the date of the enactment of this Act in the 
        geographic areas of responsibility of United States Northern 
        Command and United States Southern Command.
            (11) The number of counter-IUU fishing missions completed 
        by allies and partners in the Caribbean and Latin America with 
        support from the Department of Defense or the Coast Guard 
        during the 12-month period preceding the date of the enactment 
        of this Act.
            (12) A review of the total number of vessels engaged in 
        suspected IUU fishing detected in the Caribbean and Latin 
        America by the United States or its allies and partners and the 
        country of origin for each such vessel during the calendar year 
        preceding the date of the enactment of this Act.
            (13) An assessment of any additional authorities necessary, 
        including the expansion or modification of international 
        cooperation agreements, treaties, and other legal vehicles, to 
        enhance the efficacy of the Caribbean and Latin America 
        Maritime Security Initiative.
    (f) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Natural Resources, the Committee on Financial 
                Services, the Committee on Armed Services, the 
                Committee on Transportation and Infrastructure, and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Commerce, Science, and Transportation, the 
                Committee on Banking, the Committee on Armed Services, 
                and the Committee on Appropriations of the Senate.
            (2) The term ``the Caribbean and Latin America'' means any 
        of the following countries, territories, and bodies of water:
                    (A) The Gulf of Mexico.
                    (B) The Bahamas.
                    (C) Antigua and Barbuda.
                    (D) Argentina.
                    (E) Barbados.
                    (F) Belize.
                    (G) Bolivia.
                    (H) Brazil.
                    (I) Chile.
                    (J) Colombia.
                    (K) Costa Rica.
                    (L) Dominica.
                    (M) Dominican Republic.
                    (N) Ecuador.
                    (O) El Salvador.
                    (P) Grenada.
                    (Q) Guatemala.
                    (R) Guyana.
                    (S) Haiti.
                    (T) Honduras.
                    (U) Jamaica.
                    (V) Nicaragua.
                    (W) Panama.
                    (X) Paraguay.
                    (Y) Peru.
                    (Z) Saint Kitts and Nevis.
                    (AA) Saint Lucia.
                    (BB) Saint Vincent and the Grenadines.
                    (CC) Suriname.
                    (DD) Trinidad and Tobago.
                    (EE) Turks and Caicos.
                    (FF) Uruguay.
            (3) The term ``exclusive economic zone'' means, with 
        respect to a country, the zone contiguous to the territorial 
        sea, as designated by the country--
                    (A) that extends a maximum distance of 200 nautical 
                miles from the baseline from which the breadth of the 
                territorial sea is measured, in accordance with 
                international law; and
                    (B) where the country has, to the extent permitted 
                by international law--
                            (i) sovereign rights for the purpose of 
                        exploring, exploiting, conserving, and managing 
                        natural resources, both living and non-living, 
                        of the seabed and subsoil and the superjacent 
                        waters and with regard to other activities for 
                        the economic exploitation and exploration; and
                            (ii) jurisdiction with regard to the 
                        establishment and use of artificial islands, 
                        and installations and structures having 
                        economic purposes, and the protection and 
                        preservation of the marine environment.
            (4) The term ``illegal, unreported, and unregulated 
        fishing'' or ``IUU fishing'' means the activities described as 
        IUU fishing in paragraph 3 of the 2001 Food and Agriculture 
        Organization International Plan of Action to Prevent, Deter and 
        Eliminate Illegal, Unreported, and Unregulated Fishing.
            (5) The term ``marine protected area'' means any area of 
        intertidal or subtidal terrain, together with its overlying 
        water and associated flora, fauna, historical and cultural 
        features, that has been reserved by law or other effective 
        means to protect part or all of the enclosed environment.
            (6) The term ``fly a flag of convenience'' with respect to 
        a vessel means the registry of the vessel under the flag of a 
        nation other than the nation of citizenship or incorporation of 
        the beneficial owner of the vessel in order to profit from less 
        restrictive regulations.

SEC. 4. AUTHORIZATION OF IMPOSITION OF SANCTIONS.

    (a) In General.--The President may impose the sanctions described 
in subsection (b) with respect to any foreign person, including a 
foreign vessel regardless of ownership, that the President determines--
            (1) is responsible for, complicit in, or has directly or 
        indirectly participated in--
                    (A) IUU fishing, as such term is defined in section 
                3(f)(4);
                    (B) except as part of a conservation effort, the 
                sale, supply, purchase, or transfer (including 
                transportation) of endangered species, as defined in 
                section 3(6) of the Endangered Species Act (16 U.S.C. 
                1532(6)); or
                    (C) behavior associated with IUU fishing, including 
                improper use of relevant vessel monitoring, 
                identification, or communication systems;
            (2) is a leader or official of an entity, including a 
        government entity, that has engaged in, or the members of which 
        have engaged in, any of the activities described in paragraph 
        (1) during the tenure of the leader or official;
            (3) has ever owned, operated, chartered, or controlled a 
        vessel during which time the personnel of the vessel engaged in 
        any of the activities described in paragraph (1); or
            (4) has materially assisted, sponsored, or provided 
        financial, material, or technological support for, or goods or 
        services in support of--
                    (A) any of the activities described in paragraph 
                (1); or
                    (B) any entity engaged in any such activity.
    (b) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Blocking of property.--Notwithstanding section 202 of 
        the International Emergency Economic Powers Act (50 U.S.C. 
        1701), the exercise of all powers granted to the President by 
        the International Emergency Economic Powers Act (50 U.S.C. 1701 
        et seq.) to the extent necessary to block and prohibit all 
        transactions in all property and interests in property of a 
        foreign person described in subsection (a), if such property 
        and interests in property are in the United States, come within 
        the United States, or are or come within the possession or 
        control of a United States person.
            (2) Inadmissibility to the united states.--In the case of a 
        foreign person described in subsection (a) who is an 
        individual--
                    (A) ineligibility for a visa to enter and 
                inadmissibility to the United States; and
                    (B) revocation of any valid visa or travel 
                documentation in accordance with section 221(i) of the 
                Immigration and Nationality Act (8 U.S.C. 1201(i)).
            (3) Prohibition on access to the united states.--In the 
        case of a foreign vessel, denial of access to United States 
        ports.
            (4) Exclusion of corporate officers.--The President may 
        direct the Secretary of State to deny a visa to, and the 
        Secretary of Homeland Security to exclude from the United 
        States, any alien that the President determines is a corporate 
        officer or principal of, or a shareholder with a controlling 
        interest in, the foreign person.
            (5) Sanctions on principal executive officers.--The 
        President may impose on the principal executive officer or 
        officers of the foreign person, entity, or on individuals 
        performing similar functions and with similar authorities as 
        such officer or officers, any of the sanctions described in 
        paragraphs (1), (2), (3), (4), or (6) of this subsection that 
        are applicable.
            (6) Loans from united states financial institutions.--The 
        President may prohibit any United States financial institution 
        from making loans or providing credits to the foreign person or 
        entity.
            (7) Foreign exchange.--The President may, pursuant to such 
        regulations as the President may prescribe, prohibit any 
        transactions in foreign exchange that are subject to the 
        jurisdiction of the United States and in which the foreign 
        person, entity, or vessel has any interest.
            (8) Report.--The President shall annually submit a report 
        to the Committee on Financial Services and the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs and the 
        Committee on Foreign Relations of the Senate on actions 
        exercising the authorities provided by this section.
    (c) Implementation; Penalties.--
            (1) Implementation.--The President may exercise all 
        authorities provided under sections 203 and 205 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702 and 
        1704) to carry out this section.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of this 
        section or any regulation, license, or order issued to carry 
        out this section shall be subject to the penalties set forth in 
        subsections (b) and (c) of section 206 of the International 
        Emergency Economic Powers Act (50 U.S.C. 1705) to the same 
        extent as a person that commits an unlawful act described in 
        subsection (a) of that section.
    (d) National Interest Waiver.--The President may waive the 
imposition of sanctions under this section with respect to a person if 
the President determines that such a waiver is in the national 
interests of the United States.
    (e) Exceptions.--
            (1) Exceptions for authorized intelligence and law 
        enforcement activities.--This section shall not apply with 
        respect to activities subject to the reporting requirements 
        under title V of the National Security Act of 1947 (50 U.S.C. 
        3091 et seq.) or any authorized intelligence, law enforcement, 
        or national security activities of the United States.
            (2) Exception to comply with international agreements.--
        Sanctions under subsection (b)(2) shall not apply with respect 
        to the admission of an alien to the United States if such 
        admission is necessary to comply with the obligations of the 
        United States under the Agreement regarding the Headquarters of 
        the United Nations, signed at Lake Success on June 26, 1947, 
        and entered into force on November 21, 1947, between the United 
        Nations and the United States, or the Convention on Consular 
        Relations, done at Vienna on April 24, 1963, and entered into 
        force on March 19, 1967, or other international obligations.
            (3) Exception for safety of vessels and crew.--Sanctions 
        under this section shall not apply with respect to a person 
        providing provisions to a vessel if such provisions are 
        intended for the safety and care of the crew aboard the vessel, 
        or the maintenance of the vessel to avoid any environmental or 
        other significant damage.
            (4) Humanitarian exception.--The President may not impose 
        sanctions under this section with respect to any person for 
        conducting or facilitating a transaction for the sale of 
        agricultural commodities, food, medicine, or medical devices or 
        for the provision of humanitarian assistance.
    (f) Rulemaking.--
            (1) In general.--Agencies responsible for the 
        implementation of this section may promulgate such rules and 
        regulations as may be necessary to carry out the provisions of 
        this section (which may include regulatory exceptions), 
        including under section 205 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1704).
            (2) Rule of construction.--Nothing in this section may be 
        construed to limit the authority of the President pursuant to 
        the International Emergency Economic Powers Act (50 U.S.C. 1701 
        et seq.).
    (g) Definitions.--In this section:
            (1) The term ``foreign person'' means an individual or 
        entity that is not a United States person.
            (2) The term ``United States person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States;
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) any person located in the United States.
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