II 

118TH CONGRESS 

1ST SESSION S. 3417 

To prohibit the importation of seafood and aquaculture products from the 

People’s Republic of China. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 6, 2023 

Mr. COTTON (for himself, Mrs. HYDE-SMITH, and Mr. SCOTT of Florida) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To prohibit the importation of seafood and aquaculture 

products from the People’s Republic of China. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ban China’s Forbidden 

5 Operations in the Oceanic Domain Act’’ or the ‘‘Ban C6 FOOD Act’’. 


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1 SEC. 2. PROHIBITION ON IMPORTATION OF SEAFOOD AND 

2 AQUACULTURE PRODUCTS FROM THE PEO3 PLE’S REPUBLIC OF CHINA. 

4 (a) IN GENERAL.—During the period described in 

5 subsection (b), the importation of seafood and aquaculture 

6 products that originate in the People’s Republic of China 

7 is prohibited. 

8 (b) PERIOD DESCRIBED.—The period described in 

9 this subsection is the period— 

10 (1) beginning on the date that is one year after 

11 the date of the enactment of this Act; and 

12 (2) ending on the date on which all of the cer13 tifications described in subsection (c) have been sub14 mitted to Congress. 

15 (c) CERTIFICATIONS DESCRIBED.—The certifications 

16 described in this subsection are the following: 

17 (1) A certification by the Secretary of State 

18 that neither the fishing fleets nor the aquaculture 

19 industry of the People’s Republic of China are 

20 meaningfully using forced labor. 

21 (2) A certification by the Secretary of Com22 merce that the Government of the People’s Republic 

23 of China is not subsidizing those fleets or that in24 dustry beyond international norms. 


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1 (3) A certification by the Secretary of Defense 

2 that the fishing fleets of the People’s Republic of 

3 China will not be used in an invasion of Taiwan. 

4 SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO EN5 TITIES FACILITATING TRANSSHIPMENT. 

6 (a) IN GENERAL.—The Secretary of the Treasury 

7 shall impose the sanctions described in subsection (b) with 

8 respect to each person that the Secretary determines 

9 knowingly participates in the transshipment, during the 

10 period described in section 2(b), of seafood or aquaculture 

11 products that originate in the People’s Republic of China 

12 into the United States in violation of section 2(a). 

13 (b) SANCTIONS DESCRIBED.—The Secretary shall, 

14 pursuant to the International Emergency Economic Pow15 ers Act (50 U.S.C. 1701 et seq.), block and prohibit all 

16 transactions in property and interests in property of a for17 eign person described in subsection (a) if such property 

18 and interests in property are in the United States, come 

19 within the United States, or are or come within the posses20 sion or control of a United States person. 

21 (c) IMPLEMENTATION; PENALTIES.— 

22 (1) IMPLEMENTATION.—The Secretary may ex23 ercise the authorities provided to the President 

24 under sections 203 and 205 of the International 

25 Emergency Economic Powers Act (50 U.S.C. 1702 


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1 and 1704) to the extent necessary to carry out this 

2 section. 

3 (2) PENALTIES.—A person that violates, at4 tempts to violate, conspires to violate, or causes a 

5 violation of this section or any regulation, license, or 

6 order issued to carry out this section shall be subject 

7 to the penalties set forth in subsections (b) and (c) 

8 of section 206 of the International Emergency Eco9 nomic Powers Act (50 U.S.C. 1705) to the same ex10 tent as a person that commits an unlawful act de11 scribed in subsection (a) of that section. 

12 (d) UNITED STATES PERSON DEFINED.—In this sec13 tion, the term ‘‘United States person’’ means— 

14 (1) a United States citizen or an alien lawfully 

15 admitted for permanent residence to the United 

16 States; 

17 (2) an entity organized under the laws of the 

18 United States or of any jurisdiction within the 

19 United States, including a foreign branch of such an 

20 entity; or 

21 (3) any person in the United States. 

22 SEC. 4. IMPOSITION OF DUTIES TO PREVENT TRANS23 SHIPMENT. 

24 During the period described in section 2(b), the 

25 United States Trade Representative shall impose such duVerDate Sep 11 2014 19:15 Dec 15, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3417.IS S3417

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1 ties with respect to seafood and aquaculture products as 

2 the Trade Representative determines necessary— 

3 (1) to prevent the transshipment into the 

4 United States of such products that originate in the 

5 People’s Republic of China in violation of section 

6 2(a); and 

7 (2) to penalize countries that facilitate such 

8 transshipment. 

9 SEC. 5. REPORT ON COMBATING ABUSES OF FISHING 

10 FLEETS AND AQUACULTURE INDUSTRY OF 

11 THE PEOPLE’S REPUBLIC OF CHINA. 

12 Not later than 90 days after the date of the enact13 ment of this Act, the President shall submit to Congress 

14 a report that— 

15 (1) describes in detail— 

16 (A) all efforts of the executive branch to 

17 combat illegal fishing and the use of forced 

18 labor by the fishing fleets and aquaculture in19 dustry of the People’s Republic of China; and 

20 (B) the funds and other resources allo21 cated to such efforts; and 

22 (2) includes requests for the additional funding, 

23 resources, and authorities necessary to combat ille24 gal fishing and the use of forced labor by the fishing 


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1 fleets and aquaculture industry of the People’s Re2 public of China. 

Æ 


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