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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5552 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5552

To modify a provision supporting the execution of bilateral agreements 
concerning illicit transnational maritime activity and to authorize the 
 President to impose sanctions with respect to illegal, unreported, or 
  unregulated fishing and the sale, supply, purchase, or transfer of 
              endangered species, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            December 17 (legislative day, December 16), 2024

Mr. Kaine (for himself and Mr. Cassidy) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
To modify a provision supporting the execution of bilateral agreements 
concerning illicit transnational maritime activity and to authorize the 
 President to impose sanctions with respect to illegal, unreported, or 
  unregulated fishing and the sale, supply, purchase, or transfer of 
              endangered species, 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 ``Protecting Global Fisheries Act of 
2024''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Admission; admitted; alien; lawfully admitted for 
        permanent residence.--The terms ``admission'', ``admitted'', 
        ``alien'', and ``lawfully admitted for permanent residence'' 
        have the meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services and the 
                Committee on Foreign Relations of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Armed Services of the House of 
                Representatives.
            (3) Foreign person.--The term ``foreign person'' means an 
        individual or entity that is not a United States person.
            (4) Illegal, unreported, or unregulated fishing.--The term 
        ``illegal, unreported, or unregulated fishing'' has the meaning 
        given that term in the implementing regulations or any 
        subsequent regulations issued pursuant to section 609(e) of the 
        High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
        1826j(e)).
            (5) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States;
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) any person located in the United States.

SEC. 3. INTERNATIONAL COLLABORATION RELATED TO COUNTERING ILLEGAL, 
              UNREPORTED, OR UNREGULATED FISHING.

    (a) Statement of Policy.--It is the policy of the United States to 
prioritize collaboration with friendly countries, and through 
appropriate international institutions, to combat illegal, unreported, 
or unregulated fishing.
    (b) Actions by Secretary of State.--The Secretary of State shall 
take such actions as may be necessary to use the voice, vote, and 
influence of the United States in all appropriate international fora 
and with appropriate countries that are allies or partners of the 
United States--
            (1) to ensure that cutting edge technology is deployed in 
        accordance to existing or future maritime law enforcement 
        agreements the United States may enter or has entered into; and
            (2) to hold accountable those individuals or entities that 
        are responsible or complicit in illegal, unreported, or 
        unregulated fishing, with a particular focus on the harmful 
        actions of the People's Republic of China.
    (c) Advocacy at United Nations.--The President may direct the 
United States Permanent Representative to the United Nations to use the 
voice, vote, and influence of the United States to urge the United 
Nations to take greater action with respect to collaborative global 
efforts to counter illegal, unreported, or unregulated fishing.

SEC. 4. MODIFICATION OF SUPPORT FOR EXECUTION OF BILATERAL AGREEMENTS 
              CONCERNING ILLICIT TRANSNATIONAL MARITIME ACTIVITY.

    Section 1808 of the National Defense Authorization Act for Fiscal 
Year 2024 (Public Law 118-31; 137 Stat. 668; 10 U.S.C. 331 note) is 
amended--
            (1) in the section heading, by striking ``in africa''; and
            (2) in subsection (a), by striking ``African''.

SEC. 5. AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH RESPECT TO 
              ILLEGAL, UNREPORTED, OR UNREGULATED FISHING AND TRADE IN 
              ENDANGERED SPECIES.

    (a) In General.--The President may impose the sanctions described 
in subsection (b) with respect to any foreign person or foreign vessel 
(regardless of ownership) that the President determines--
            (1) is responsible for or complicit in--
                    (A) illegal, unreported, or unregulated fishing; or
                    (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 of 1973 (16 
                U.S.C. 1532(6));
            (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 foreign person engaged in any such 
                activity.
    (b) Sanctions Described.--The sanctions that may be imposed under 
subsection (a) with respect to a foreign person or foreign vessel 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 
        an alien described in subsection (a), or any alien that the 
        President determines is a corporate officer or principal of, or 
        a shareholder with a controlling interest in, a foreign person 
        described in subsection (a) that is an entity--
                    (A) ineligibility for a visa 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 described in subsection (a), denial of 
        access to United States ports.
            (4) Loans from united states financial institutions.--The 
        President may prohibit any United States financial institution 
        from making loans or providing credits to a foreign person 
        described in subsection (a).
            (5) 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 a foreign person 
        or foreign vessel described in subsection (a) has any interest.
    (c) Report Required.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter, the President shall 
submit a report on the imposition of sanctions under this section to--
            (1) the Committee on Banking, Housing, and Urban Affairs 
        and the Committee on Foreign Relations of the Senate; and
            (2) the Committee on Financial Services and the Committee 
        on Foreign Affairs of the House of Representatives.
    (d) National Interest Waiver.--The President may waive the 
imposition of sanctions under subsection (a) with respect to a foreign 
person or foreign vessel 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.--Sanctions under 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.--
                    (A) In general.--Except as provided in subparagraph 
                (B), 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.
                    (B) Exclusion.--The exception under subparagraph 
                (A) does not include transactions for the sale of food 
                or agricultural commodities obtained through illegal, 
                unreported, or unregulated fishing.
    (f) 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.
    (g) Rulemaking.--
            (1) In general.--The head of any Federal agency 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.).

SEC. 6. BRIEFING AND REPORT ON GLOBAL ILLEGAL, UNREPORTED, OR 
              UNREGULATED FISHING.

    (a) Briefing.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
Secretary of Defense, shall brief the appropriate congressional 
committees on--
            (1) efforts to work with United States partners and allies 
        to counter illegal, unreported, or unregulated fishing via 
        bilateral engagements;
            (2) efforts to counter, and challenges faced in countering, 
        illegal, unreported, or unregulated fishing through existing 
        international agreements, institutions, and mechanisms; and
            (3) efforts by the Department of State and the Department 
        of Defense to engage and collaborate with non-governmental 
        organizations and State and local agencies to spread awareness 
        and coordinate responses to global illegal, unreported, or 
        unregulated fishing concerns.
    (b) Report.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and annually thereafter for 4 years, 
        the Secretary of State, in consultation with the Secretary of 
        Defense, shall submit to the appropriate congressional 
        committees a report that includes--
                    (A) recommendations to bolster maritime law 
                enforcement agreements with United States allies and 
                partners;
                    (B) an assessment of the global illegal, 
                unreported, or unregulated fishing patterns, strategic 
                goals, and regional priorities of the People's Republic 
                of China, and government and non-government resourcing 
                vectors of the People's Republic of China for illegal, 
                unreported, or unregulated fleets; and
                    (C) an assessment of the efficacy of global forums 
                to respond to illegal, unreported, or unregulated 
                fishing, and a strategy for United States engagement in 
                such forums.
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
                                 <all>
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