II 

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. 

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 ‘‘Maritime Administra5 tion Authorization and Enhancement Act of 2019’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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. 


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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. 


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1 TITLE I—MARITIME 

2 ADMINISTRATION 

3 SEC. 101. AUTHORIZATION OF THE MARITIME ADMINISTRA4 TION. 

5 (a) IN GENERAL.—There are authorized to be appro6 priated to the Department of Transportation for fiscal 

7 year 2020, to be available without fiscal year limitation 

8 if so provided in appropriations Acts, for programs associ9 ated with maintaining the United States Merchant Ma10 rine, the following amounts: 

11 (1) For expenses necessary for operations of the 

12 United States Merchant Marine Academy, 

13 $88,593,000, of which— 

14 (A) $77,944,000 shall remain available 

15 until September 30, 2021, for Academy oper16 ations; and 

17 (B) $18,000,000 shall remain available 

18 until expended for capital asset management at 

19 the Academy. 

20 (2) For expenses necessary to support the State 

21 maritime academies, $32,200,000, of which— 

22 (A) $2,400,000 shall remain available until 

23 September 30, 2020, for the Student Incentive 

24 Program; 


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1 (B) $6,000,000 shall remain available until 

2 expended for direct payments to such acad3 emies; 

4 (C) $30,080,000 shall remain available 

5 until expended for maintenance and repair of 

6 State maritime academy training vessels; 

7 (D) $3,800,000 shall remain available until 

8 expended for training ship fuel assistance; and 

9 (E) $8,000,000 shall remain available until 

10 expended for offsetting the costs of training 

11 ship sharing. 

12 (3) For expenses necessary to support the Na13 tional Security Multi-Mission Vessel Program, 

14 $300,000,000, which shall remain available until ex15 pended. 

16 (4) For expenses necessary to support Maritime 

17 Administration operations and programs, 

18 $60,442,000, of which $5,000,000 shall remain 

19 available until expended for activities authorized 

20 under section 50307 of title 46, United States Code. 

21 (5) For expenses necessary to dispose of vessels 

22 in the National Defense Reserve Fleet, $5,000,000, 

23 which shall remain available until expended. 

24 (6) For expenses necessary to maintain and 

25 preserve a United States flag Merchant Marine to 


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1 serve the national security needs of the United 

2 States under chapter 531 of title 46, United States 

3 Code, $300,000,000, which shall remain available 

4 until expended. 

5 (7) For expenses necessary for the loan guar6 antee program authorized under chapter 537 of title 

7 46, United States Code, $33,000,000, of which— 

8 (A) $30,000,000 may be used for the cost 

9 (as defined in section 502(5) of the Federal 

10 Credit Reform Act of 1990 (2 U.S.C. 661a(5))) 

11 of loan guarantees under the program, which 

12 shall remain available until expended; and 

13 (B) $3,000,000 may be used for adminis14 trative expenses relating to loan guarantee com15 mitments under the program. 

16 (8) For expenses necessary to provide assist17 ance to small shipyards and for maritime training 

18 programs under section 54101 of title 46, United 

19 States Code, $40,000,000. 

20 (9) For expenses necessary to implement the 

21 Port Operations, Research, and Technology Act, 

22 $292,730,000. 


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1 SEC. 102. AUTHORIZATION OF THE MILITARY SEALIFT PRO2 GRAM. 

3 (a) AWARD OF OPERATING AGREEMENTS.—Section 

4 53103 of title 46, United States Code, is amended by 

5 striking ‘‘2025’’ each place it appears and inserting 

6 ‘‘2035’’. 

7 (b) EFFECTIVENESS OF OPERATING AGREE8 MENTS.—Section 53104(a) of title 46, United States 

9 Code, is amended by striking ‘‘2025’’ and inserting 

10 ‘‘2035’’. 

11 (c) PAYMENTS.—Section 53106(a)(1) of title 46, 

12 United States Code, is amended— 

13 (1) in subparagraph (B), by striking ‘‘and’’ 

14 after the semicolon; 

15 (2) in subparagraph (C), by striking 

16 ‘‘$3,700,000 for each of fiscal years 2022, 2023, 

17 2024, and 2025.’’ and inserting ‘‘$5,233,463 for 

18 each of fiscal years 2022, 2023, 2024, and 2025; 

19 and’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(D) $ 5,233,463 for each of fiscal years 

22 2026 through 2035.’’. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 53111 of title 46, United States Code, is amended— 

25 (1) in paragraph (2), by striking ‘‘and’’ after 

26 the semicolon; 


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1 (2) in paragraph (3), by striking 

2 ‘‘$222,000,000 for each fiscal year thereafter 

3 through fiscal year 2025.’’ and inserting 

4 ‘‘$314,007,780 for each of fiscal years 2022, 2023, 

5 2024, and 2025; and’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(4) $314,007,780 for each of fiscal years 2026 

8 through 2035.’’. 

9 SEC. 103. DEPARTMENT OF TRANSPORTATION INSPECTOR 

10 GENERAL REPORT. 

11 The Inspector General of the Department of Trans12 portation shall— 

13 (1) not later than 180 days after the date of 

14 enactment of this Act, initiate an audit of the Mari15 time Administration’s actions to address the 27 rec16 ommendations for improvement identified by a Na17 tional Academy of Public Administration panel in a 

18 November 2017 report; and 

19 (2) submit to the Committee on Commerce, 

20 Science, and Transportation of the Senate and the 

21 Committee on Transportation and Infrastructure of 

22 the House of Representatives a report containing the 

23 results of that audit once the audit is completed. 


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1 SEC. 104. AUTHORITY FOR MARAD TO RETAIN FOREIGN 

2 STUDENT TUITION REIMBURSEMENT. 

3 Section 51304 of title 46, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(e) CREDIT OF REIMBURSEMENT.—Reimburse6 ments under this section shall be credited to the Maritime 

7 Administration’s Operations and Training appropriation, 

8 to remain available until expended, for use only for those 

9 expenses related to the operations of the United States 

10 Merchant Marine Academy.’’. 

11 SEC. 105. APPOINTMENT OF CANDIDATES ATTENDING 

12 SPONSORED PREPARATORY SCHOOL. 

13 Section 51303 of title 46, United States Code, is 

14 amended— 

15 (1) by striking ‘‘The Secretary’’ and inserting 

16 the following: 

17 ‘‘(a) IN GENERAL.—The Secretary’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(b) APPOINTMENT OF CANDIDATES SELECTED FOR

20 PREPARATORY SCHOOL SPONSORSHIP.—The Secretary of 

21 Transportation may appoint each year as cadets at the 

22 United States Merchant Marine Academy not more than 

23 40 qualified individuals sponsored by the Academy to at24 tend preparatory school during the academic year prior 

25 to entrance in the Academy, and who have successfully 


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1 met the terms and conditions of sponsorship set by the 

2 Academy.’’. 

3 SEC. 106. INDEPENDENT STUDY ON THE UNITED STATES 

4 MERCHANT MARINE ACADEMY. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of enactment of this Act, the Secretary of Transpor7 tation shall seek to enter into an agreement with the Na8 tional Academy of Public Administration (referred to in 

9 this section as the ‘‘Academy’’) to carry out the activities 

10 described in this section. 

11 (b) STUDY ELEMENTS.—In accordance with the 

12 agreement described in subsection (a), the Academy shall 

13 conduct a study of the United States Merchant Marine 

14 Academy that consists of the following: 

15 (1) A comprehensive assessment of the United 

16 States Merchant Marine Academy’s systems, train17 ing, facilities, infrastructure, information technology, 

18 and stakeholder engagement. 

19 (2) Identification of needs and opportunities for 

20 modernization to help the United States Merchant 

21 Marine Academy keep pace with more modern cam22 puses. 

23 (3) Development of an action plan for the 

24 United States Merchant Marine Academy with spe25 cific recommendations for— 


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1 (A) improvements or updates relating to 

2 the opportunities described in paragraph (2); 

3 and 

4 (B) systematic changes needed to help the 

5 United States Merchant Marine Academy 

6 achieve its mission of inspiring and educating 

7 the next generation of the mariner workforce on 

8 a long-term basis. 

9 (c) DEADLINE AND REPORT.—Not later than 1 year 

10 after the date of the agreement described in subsection 

11 (a), the Academy shall prepare and submit to the Mari12 time Administrator a report containing the action plan de13 scribed in subsection (b)(3), including specific findings 

14 and recommendations. 

15 SEC. 107. MILITARY TO MARINER. 

16 (a) CREDENTIALING SUPPORT.—Not later than 1 

17 year after the date of enactment of this Act, the Secretary 

18 of Defense and the Secretary of Homeland Security, with 

19 respect to the applicable services in their respective de20 partments, and in coordination with one another and with 

21 the United States Committee on the Marine Transpor22 tation System, shall, consistent with applicable law, iden23 tify all military training and experience within the applica24 ble service that may qualify for merchant mariner 

25 credentialing, and submit a list of all identified military 


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1 training and experience to the United States Coast Guard 

2 National Maritime Center for a determination of whether 

3 such training and experience counts for credentialing pur4 poses. 

5 (b) REVIEW OF APPLICABLE SERVICE.—The United 

6 States Coast Guard Commandant shall make a determina7 tion of whether training and experience counts for 

8 credentialing purposes, as described in subsection (a), not 

9 later than 6 months after the date on which the United 

10 States Coast Guard National Maritime Center receives a 

11 submission under subsection (a) identifying a training or 

12 experience and requesting such a determination. 

13 (c) FEES AND SERVICES.—The Secretary of Defense 

14 and the Secretary of Homeland Security shall— 

15 (1) take all necessary and appropriate actions 

16 to provide for the waiver of fees through the Na17 tional Maritime Center license evaluation, issuance, 

18 and examination for members of the uniformed serv19 ice on active duty, if a waiver is authorized and ap20 propriate, and, if a waiver is not granted, take all 

21 necessary and appropriate actions to provide for the 

22 payment of fees for members of the uniformed serv23 ice on active duty by the applicable service to the 

24 fullest extent permitted by law; 


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1 (2) direct the applicable services to take all nec2 essary and appropriate actions to pay for Transpor3 tation Worker Identification Credential cards for 

4 members of the uniformed service on active duty 

5 pursuing or possessing a mariner credential; 

6 (3) ensure that members of the applicable serv7 ices who are to be discharged or released from active 

8 duty and who request certification or verification of 

9 sea service be provided such certification or 

10 verification no later than one month after discharge 

11 or release; 

12 (4) ensure the applicable services have devel13 oped, or continue to operate, as appropriate, the on14 line resource known as Credentialing Opportunities 

15 On-Line to support separating members of the uni16 formed service who are seeking information and as17 sistance on merchant mariner credentialing; and 

18 (5) not later than 1 year after the date of en19 actment of this section, take all necessary and ap20 propriate actions to apply military-related medical 

21 certifications to merchant mariner credential re22 quirements. 

23 (d) ADVANCING MILITARY TO MARINER WITHIN THE

24 EMPLOYER AGENCIES.— 


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1 (1) IN GENERAL.—The Secretary of Defense, 

2 the Secretary of Homeland Security, and the Sec3 retary of Commerce shall have direct hiring author4 ity to employ separated members of the Armed 

5 Forces with valid merchant mariner licenses or sea 

6 service experience in support of the United States 

7 national maritime needs, including the Army Corps 

8 of Engineers, Customs and Border Protection, and 

9 the National Oceanic and Atmospheric Administra10 tion. 

11 (2) SEPARATED MEMBER OF THE ARMED

12 FORCES.—In this subsection, the term ‘‘separated 

13 member of the Armed Forces’’ means an individual 

14 who— 

15 (A)(i) is retiring or is retired as a member 

16 of the Armed Forces; or 

17 (ii) is voluntarily separating or voluntarily 

18 separated from the Armed Forces at the end of 

19 enlistment or service obligation; and 

20 (B) has not received a dishonorable dis21 charge. 

22 SEC. 108. SALVAGE RECOVERIES OF FEDERALLY OWNED 

23 CARGOES. 

24 Section 57100 of title 46, United States Code, is 

25 amended by adding at the end the following: 


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1 ‘‘(h) FUNDS TRANSFER AUTHORITY RELATED TO

2 THE USE OF NATIONAL DEFENSE RESERVE FLEET VES3 SELS AND THE PROVISION OF MARITIME-RELATED SERV4 ICES.— 

5 ‘‘(1) IN GENERAL.—When the Secretary of 

6 Transportation provides for the use of its vessels or 

7 maritime-related services and goods under a reim8 bursable agreement with a Federal entity, or State 

9 or local entity, authorized to receive goods and serv10 ices from the Maritime Administration for programs, 

11 projects, activities, and expenses related to the Na12 tional Defense Reserve Fleet or maritime-related 

13 services: 

14 ‘‘(A) Federal entities are authorized to 

15 transfer funds to the Secretary in advance of 

16 expenditure or upon providing the goods or 

17 services ordered, as determined by the Sec18 retary. 

19 ‘‘(B) The Secretary shall determine all 

20 other terms and conditions under which such 

21 payments should be made and provide such 

22 goods and services using its existing or new 

23 contracts, including general agency agreements, 

24 memoranda of understanding, or similar agree25 ments. 


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1 ‘‘(2) REIMBURSABLE AGREEMENT WITH A FED2 ERAL ENTITY.— 

3 ‘‘(A) IN GENERAL.—The Maritime Admin4 istration is authorized to provide maritime-re5 lated services and goods under a reimbursable 

6 agreement with a Federal entity. 

7 ‘‘(B) MARITIME-RELATED SERVICES DE8 FINED.—For the purposes of this subsection, 

9 maritime-related services includes the acquisi10 tion, procurement, operation, maintenance, 

11 preservation, sale, lease, charter, construction, 

12 reconstruction, or reconditioning (including out13 fitting and equipping incidental to construction, 

14 reconstruction, or reconditioning) of a merchant 

15 vessel or shipyard, ship site, terminal, pier, 

16 dock, warehouse, or other installation related to 

17 the maritime operations of a Federal entity. 

18 ‘‘(3) SALVAGING CARGOES.— 

19 ‘‘(A) IN GENERAL.—The Maritime Admin20 istration may provide services and purchase 

21 goods relating to the salvaging of cargoes 

22 aboard vessels in the custody or control of the 

23 Maritime Administration or its predecessor 

24 agencies and receive and retain reimbursement 


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1 from Federal entities for all such costs as it 

2 may incur. 

3 ‘‘(B) REIMBURSEMENT.—Reimbursement 

4 as provided for in subparagraph (A) may come 

5 from— 

6 ‘‘(i) the proceeds recovered from such 

7 salvage; or 

8 ‘‘(ii) the Federal entity for which the 

9 Maritime Administration has or will pro10 vide such goods and services, depending on 

11 the agreement of the parties involved. 

12 ‘‘(4) AMOUNTS RECEIVED.—Amounts received 

13 as reimbursements under this subsection shall be 

14 credited to the fund or account that was used to 

15 cover the costs incurred by the Secretary or, if the 

16 period of availability of obligations for that appro17 priation has expired, to the appropriation of funds 

18 that is currently available to the Secretary for sub19 stantially the same purpose. Amounts so credited 

20 shall be merged with amounts in such fund or ac21 count and shall be available for the same purposes, 

22 and subject to the same conditions and limitations, 

23 as amounts in such fund or account. 

24 ‘‘(5) ADVANCE PAYMENTS.—Payments made in 

25 advance shall be for any part of the estimated cost 


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1 as determined by the Secretary of Transportation. 

2 Adjustments to the amounts paid in advance shall be 

3 made as agreed to by the Secretary of Transpor4 tation and the head of the ordering agency or unit 

5 based on the actual cost of goods or services pro6 vided. 

7 ‘‘(6) BILL OR REQUEST FOR PAYMENT.—A bill 

8 submitted or a request for payment is not subject to 

9 audit or certification in advance of payment.’’. 

10 SEC. 109. SALVAGE RECOVERIES FOR SUBROGATED OWN11 ERSHIP OF VESSELS AND CARGOES. 

12 Section 53909 of title 46, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘(e) SALVAGE AGREEMENTS.—Notwithstanding title 

15 XIV of the Ronald W. Reagan National Defense Author16 ization Act for Fiscal Year 2005 (10 U.S.C. 113 note), 

17 the Secretary of Transportation is authorized to enter into 

18 marine salvage agreements for the recoveries, sale, and 

19 disposal of sunken or damaged vessels, cargoes, or prop20 erties owned or insured by or on behalf of the Maritime 

21 Administration, the United States Shipping Board, the 

22 U.S. Shipping Board Bureau, the United States Maritime 

23 Commission, or the War Shipping Administration. 

24 ‘‘(f) RECOVERIES.—Notwithstanding other provisions 

25 of law, the net proceeds from salvage agreements entered 


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1 into as authorized in subsection (e) shall remain available 

2 until expended and be distributed as follows for marine 

3 insurance related salvages: 

4 ‘‘(1) Fifty percent of the net funds recovered 

5 shall be deposited in the war risk revolving fund and 

6 available for the purposes of the war risk revolving 

7 fund. 

8 ‘‘(2) Fifty percent of the net funds recovered 

9 shall be deposited in the Vessel Operations Revolving 

10 Fund as established by section 50301(a) of title 46 

11 and available until expended as follows: 

12 ‘‘(A) Fifty percent shall be available to the 

13 Administrator of the Maritime Administration 

14 for such acquisition, maintenance, repair, recon15 ditioning, or improvement of vessels in the Na16 tional Defense Reserve Fleet as is authorized 

17 under other Federal law. 

18 ‘‘(B) Twenty five percent shall be available 

19 to the Administrator of the Maritime Adminis20 tration for the payment or reimbursement of 

21 expenses incurred by or on behalf of State mar22 itime academies or the United States Merchant 

23 Marine Academy for facility and training ship 

24 maintenance, repair, and modernization, and 

25 for the purchase of simulators and fuel. 


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1 ‘‘(C) The remainder shall be distributed to 

2 the Department of the Interior for grants as 

3 authorized by section 308703 of title 54.’’. 

4 SEC. 110. PORT OPERATIONS, RESEARCH, AND TECH5 NOLOGY. 

6 (a) SHORT TITLE.—This section may be cited as the 

7 ‘‘Ports Improvement Act’’. 

8 (b) PORT AND INTERMODAL IMPROVEMENT PRO9 GRAM.—Section 50302 of title 46, United States Code, is 

10 amended by striking subsection (c) and inserting the fol11 lowing: 

12 ‘‘(c) PORT AND INTERMODAL IMPROVEMENT PRO13 GRAM.— 

14 ‘‘(1) GENERAL AUTHORITY.—Subject to the 

15 availability of appropriations, the Secretary of 

16 Transportation shall make grants, on a competitive 

17 basis, to eligible applicants to assist in funding eligi18 ble projects for the purpose of improving the safety, 

19 efficiency, or reliability of the movement of goods 

20 through ports and intermodal connections to ports. 

21 ‘‘(2) ELIGIBLE APPLICANT.—The Secretary 

22 may make a grant under this subsection to the fol23 lowing: 

24 ‘‘(A) A State. 


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1 ‘‘(B) A political subdivision of a State or 

2 local government. 

3 ‘‘(C) A public agency or publicly chartered 

4 authority established by 1 or more States. 

5 ‘‘(D) A special purpose district with a 

6 transportation function. 

7 ‘‘(E) A multistate or multijurisdictional 

8 group of entities described in this subsection. 

9 ‘‘(F) A lead entity described in subpara10 graph (A), (B), (C), (D), or (E) jointly with a 

11 private entity or group of private entities. 

12 ‘‘(3) ELIGIBLE PROJECTS.—The Secretary may 

13 make a grant under this subsection— 

14 ‘‘(A) for a project that— 

15 ‘‘(i) is either— 

16 ‘‘(I) within the boundary of a 

17 port; or 

18 ‘‘(II) outside the boundary of a 

19 port, but is directly related to port op20 erations or to an intermodal connec21 tion to a port; and 

22 ‘‘(ii) will be used to improve the safe23 ty, efficiency, or reliability of— 


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1 ‘‘(I) the loading and unloading of 

2 goods at the port, such as for marine 

3 terminal equipment; 

4 ‘‘(II) the movement of goods 

5 into, out of, around, or within a port, 

6 such as for highway or rail infrastruc7 ture, intermodal facilities, freight in8 telligent transportation systems, and 

9 digital infrastructure systems; or 

10 ‘‘(III) the movement of vessels in 

11 and out of the port facility by dredg12 ing a vessel berthing area dredging 

13 that is not part of a Federal channel 

14 or an access channel associated with a 

15 Federal channel; or 

16 ‘‘(B) notwithstanding paragraph (6)(A)(v), 

17 to provide financial assistance to 1 or more 

18 projects under subparagraph (A) for develop19 ment phase activities, including planning, feasi20 bility analysis, revenue forecasting, environ21 mental review, permitting, and preliminary en22 gineering and design work. 

23 ‘‘(4) PROHIBITED USES.—A grant award under 

24 this subsection may not be used— 


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1 ‘‘(A) to finance or refinance the construc2 tion, reconstruction, reconditioning, or purchase 

3 of a vessel that is eligible for such assistance 

4 under chapter 537, unless the Secretary deter5 mines such vessel— 

6 ‘‘(i) is necessary for a project de7 scribed in paragraph (3)(A)(ii)(III) of this 

8 subsection; and 

9 ‘‘(ii) is not receiving assistance under 

10 chapter 537; or 

11 ‘‘(B) for any project within a small ship12 yard (as defined in section 54101). 

13 ‘‘(5) APPLICATIONS AND PROCESS.— 

14 ‘‘(A) APPLICATIONS.—To be eligible for a 

15 grant under this subsection, an eligible appli16 cant shall submit to the Secretary an applica17 tion in such form, at such time, and containing 

18 such information as the Secretary considers ap19 propriate. 

20 ‘‘(B) SOLICITATION PROCESS.—Not later 

21 than 30 days after the date that amounts are 

22 made available for grants under this subsection 

23 for a fiscal year, the Secretary shall solicit 

24 grant applications for eligible projects in ac25 cordance with this subsection. 


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1 ‘‘(6) PROJECT SELECTION CRITERIA.— 

2 ‘‘(A) IN GENERAL.—The Secretary may se3 lect a project described in paragraph (3) for 

4 funding under this subsection if the Secretary 

5 determines that— 

6 ‘‘(i) the project improves the safety, 

7 efficiency, or reliability of the movement of 

8 goods through a port or intermodal con9 nection to a port; 

10 ‘‘(ii) the project is cost-effective; 

11 ‘‘(iii) the eligible applicant has author12 ity to carry out the project; 

13 ‘‘(iv) the eligible applicant has suffi14 cient funding available to meet the match15 ing requirements under paragraph (8); 

16 ‘‘(v) the project will be completed 

17 without unreasonable delay; and 

18 ‘‘(vi) the project cannot be easily and 

19 efficiently completed without Federal fund20 ing or financial assistance available to the 

21 project sponsor. 

22 ‘‘(B) ADDITIONAL CONSIDERATIONS.—In 

23 selecting projects described in paragraph (3) for 

24 funding under this subsection, the Secretary 

25 shall give substantial weight to— 


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1 ‘‘(i) the utilization of non-Federal 

2 contributions; and 

3 ‘‘(ii) the net benefits of the funds 

4 awarded under this subsection, considering 

5 the cost-benefit analysis of the project, as 

6 applicable. 

7 ‘‘(C) SMALL PROJECTS.—The Secretary 

8 may waive the cost-benefit analysis under sub9 paragraph (A)(ii), and establish a simplified, al10 ternative basis for determining whether a 

11 project is cost-effective, for a small project de12 scribed in paragraph (7)(B). 

13 ‘‘(7) ALLOCATION OF FUNDS.— 

14 ‘‘(A) GEOGRAPHIC DISTRIBUTION.—Not 

15 more than 25 percent of the amounts made 

16 available for grants under this subsection for a 

17 fiscal year may be used to make grants for 

18 projects in any 1 State. 

19 ‘‘(B) SMALL PROJECTS.—The Secretary 

20 shall reserve 25 percent of the amounts made 

21 available for grants under this subsection each 

22 fiscal year to make grants for eligible projects 

23 described in paragraph (3)(A) that request the 

24 lesser of— 


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1 ‘‘(i) 10 percent of the amounts made 

2 available for grants under this subsection 

3 for a fiscal year; or 

4 ‘‘(ii) $1,000,000. 

5 ‘‘(C) DREDGING PROJECTS.—Not more 

6 than 25 percent of the amounts made available 

7 for grants under this subsection for a fiscal 

8 year may be used to make grants for projects 

9 described in paragraph (3)(A)(ii)(III). 

10 ‘‘(D) DEVELOPMENT PHASE ACTIVITIES.— 

11 Not more than 10 percent of the amounts made 

12 available for grants under this subsection for a 

13 fiscal year may be used to make grants for de14 velopment phase activities under paragraph 

15 (3)(B). 

16 ‘‘(8) FEDERAL SHARE OF TOTAL PROJECT

17 COSTS.— 

18 ‘‘(A) TOTAL PROJECT COSTS.—To be eligi19 ble for a grant under this subsection, an eligible 

20 applicant shall submit to the Secretary an esti21 mate of the total costs of a project under this 

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1 mental analyses, and information on the ex2 pected use of equipment or facilities. 

3 ‘‘(B) FEDERAL SHARE.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in clauses (ii) and (iii), the Federal 

6 share of the total costs of a project under 

7 this subsection shall not exceed 80 percent. 

8 ‘‘(ii) DREDGING PROJECTS.—The 

9 Federal share of the total costs of a 

10 project described in paragraph 

11 (3)(A)(ii)(III) shall not exceed 50 percent. 

12 ‘‘(iii) RURAL AREAS.—The Secretary 

13 may increase the Federal share of costs 

14 above 80 percent for a project located in a 

15 rural area. 

16 ‘‘(9) PROCEDURAL SAFEGUARDS.—The Sec17 retary shall issue guidelines to establish appropriate 

18 accounting, reporting, and review procedures to en19 sure that— 

20 ‘‘(A) grant funds are used for the purposes 

21 for which they were made available; 

22 ‘‘(B) each grantee properly accounts for all 

23 expenditures of grant funds; and 


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1 ‘‘(C) grant funds not used for such pur2 poses and amounts not obligated or expended 

3 are returned. 

4 ‘‘(10) CONDITIONS.—The Secretary shall re5 quire as a condition of making a grant under this 

6 subsection that a grantee— 

7 ‘‘(A) maintain such records as the Sec8 retary considers necessary; 

9 ‘‘(B) make the records described in sub10 paragraph (A) available for review and audit by 

11 the Secretary; and 

12 ‘‘(C) periodically report to the Secretary 

13 such information as the Secretary considers 

14 necessary to assess progress. 

15 ‘‘(11) CONGRESSIONAL NOTIFICATION.— 

16 ‘‘(A) NOTIFICATION.—At least 60 days be17 fore making a grant for a project under this 

18 section, the Secretary shall notify, in writing, 

19 the Committee on Commerce, Science, and 

20 Transportation of the Senate and the Com21 mittee on Transportation and Infrastructure of 

22 the House of Representatives of the proposed 

23 grant. 

24 ‘‘(B) CONTENTS.—Each notification under 

25 subparagraph (A) shall include— 


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1 ‘‘(i) an evaluation of and justification 

2 for the project; and 

3 ‘‘(ii) the amount of the proposed 

4 grant award. 

5 ‘‘(C) CONGRESSIONAL DISAPPROVAL.—The 

6 Secretary may not make a grant or any other 

7 obligation or commitment to fund a project 

8 under this section if a joint resolution is en9 acted disapproving funding for the project be10 fore the last day of the 60-day period described 

11 in subparagraph (A). 

12 ‘‘(12) LIMITATION ON STATUTORY CONSTRUC13 TION.—Nothing in this subsection may be construed 

14 to affect existing authorities to conduct port infra15 structure programs in— 

16 ‘‘(A) Hawaii, as authorized by section 

17 9008 of the SAFETEA–LU Act (Public Law 

18 109–59; 119 Stat. 1926); 

19 ‘‘(B) Alaska, as authorized by section 

20 10205 of the SAFETEA–LU Act (Public Law 

21 109–59; 119 Stat. 1934); or 

22 ‘‘(C) Guam, as authorized by section 3512 

23 of the Duncan Hunter National Defense Au24 thorization Act for Fiscal Year 2009 (48 U.S.C. 

25 1421r). 


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1 ‘‘(13) REPORTS.—The Secretary shall make 

2 available on the website of the Department of Trans3 portation at the end of each fiscal year an annual 

4 report that lists each project for which a grant has 

5 been provided under this subsection during that fis6 cal year. 

7 ‘‘(14) ADMINISTRATION.— 

8 ‘‘(A) ADMINISTRATIVE AND OVERSIGHT

9 COSTS.—The Secretary may retain not more 

10 than 1 percent of the amounts appropriated for 

11 each fiscal year under this subsection for the 

12 administrative and oversight costs incurred by 

13 the Secretary to carry out this subsection. 

14 ‘‘(B) AVAILABILITY.— 

15 ‘‘(i) IN GENERAL.—Amounts appro16 priated for carrying out this subsection 

17 shall remain available until expended. 

18 ‘‘(ii) UNEXPENDED FUNDS.— 

19 Amounts awarded as a grant under this 

20 subsection that are not expended by the 

21 grantee during the 4-year period following 

22 the date of the award shall remain avail23 able to the Secretary for use for grants 

24 under this subsection in a subsequent fis25 cal year. 


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1 ‘‘(15) DEFINITIONS.—In this subsection: 

2 ‘‘(A) APPROPRIATE COMMITTEES OF CON3 GRESS.—The term ‘appropriate committees of 

4 Congress’ means— 

5 ‘‘(i) the Committee on Commerce, 

6 Science, and Transportation of the Senate; 

7 and 

8 ‘‘(ii) the Committee on Transportation 

9 and Infrastructure of the House of Rep10 resentatives. 

11 ‘‘(B) PORT.—The term ‘port’ includes— 

12 ‘‘(i) a seaport; and 

13 ‘‘(ii) an inland waterways port. 

14 ‘‘(C) PROJECT.—The term ‘project’ in15 cludes construction, reconstruction, rehabilita16 tion, acquisition of property, including land re17 lated to the project and improvements to the 

18 land, equipment acquisition, and operational 

19 improvements. 

20 ‘‘(D) RURAL AREA.—The term ‘rural area’ 

21 means an area that is outside an urbanized 

22 area. 

23 ‘‘(d) ADDITIONAL AUTHORITY OF THE SEC24 RETARY.—In carrying out this section, the Secretary 

25 may— 


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1 ‘‘(1) receive funds from a Federal or non-Fed2 eral entity that has a specific agreement with the 

3 Secretary to further the purposes of this section; 

4 ‘‘(2) coordinate with other Federal agencies to 

5 expedite the process established under the National 

6 Environmental Policy Act of 1969 (42 U.S.C. 4321 

7 et seq.) for the improvement of port facilities to im8 prove the efficiency of the transportation system, to 

9 increase port security, or to provide greater access 

10 to port facilities; 

11 ‘‘(3) seek to coordinate all reviews or require12 ments with appropriate local, State, and Federal 

13 agencies; and 

14 ‘‘(4) in addition to any financial assistance pro15 vided under subsection (c), provide such technical 

16 assistance to port authorities or commissions or 

17 their subdivisions and agents as needed for project 

18 planning, design, and construction.’’. 

19 (c) SAVINGS CLAUSE.—A repeal made by subsection 

20 (b) of this section shall not affect amounts apportioned 

21 or allocated before the effective date of the repeal. Such 

22 apportioned or allocated funds shall continue to be subject 

23 to the requirements to which the funds were subject under 

24 section 50302(c) of title 46, United States Code, as in ef25 fect on the day before the date of enactment of this Act. 


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1 SEC. 111. STRATEGIC SEAPORTS. 

2 (a) IN GENERAL.— 

3 (1) PROGRAM ESTABLISHED.—The Adminis4 trator of the Maritime Administration (referred to in 

5 this section as the ‘‘Administrator’’) and the United 

6 States Transportation Command shall establish a 

7 strategic seaport infrastructure readiness develop8 ment program to improve infrastructure at strategic 

9 seaports to ensure those strategic seaport facilities 

10 are in a state of good repair, have modern infra11 structure, and have sufficient readiness to support 

12 operations on 48-hours notice. 

13 (2) STRATEGIC SEAPORT.—In this section, the 

14 term ‘‘strategic seaport’’ means a commercial sea15 port that is designated by the Commanding General 

16 of the Military Surface Deployment and Distribution 

17 Command as a strategic seaport that will support 

18 the deployment of United States forces during a 

19 military contingency or national emergency. 

20 (b) AUTHORITY OF THE ADMINISTRATOR.—In order 

21 to carry out any project under the strategic seaport infra22 structure readiness development program established 

23 under paragraph (1), the Administrator may— 

24 (1) receive funds provided for the project from 

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1 tract with the Administrator to further the purposes 

2 of this section; 

3 (2) coordinate with other Federal agencies to 

4 expedite efforts of complying with requirements and 

5 procedures established under the National Environ6 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

7 in carrying out projects under the program, includ8 ing projects to improve of port facilities, improve the 

9 efficiency of the transportation system, increase port 

10 security, or provide greater access to port facilities; 

11 (3) seek to coordinate all reviews or require12 ments relating to the project with appropriate Fed13 eral, State, and local agencies; and 

14 (4) provide such technical assistance to port au15 thorities or commissions or their subdivisions and 

16 agents as needed for project planning, design, and 

17 construction. 

18 (c) STRATEGIC SEAPORT INFRASTRUCTURE DEVEL19 OPMENT FUND.— 

20 (1) ESTABLISHMENT.—There is established in 

21 the Treasury of the United States a fund to be 

22 known as the ‘Strategic Seaport Readiness Infra23 structure Development Fund’, (referred to in this 

24 section as the ‘‘Fund’’) consisting of such amounts 


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1 as may be appropriated or credited to such Fund as 

2 provided in this section. 

3 (2) CREDITS.—There may be deposited into the 

4 Fund— 

5 (A) funds from the Department of Defense 

6 and funds from non-Federal, private entities 

7 that have agreements or contracts with the Ad8 ministrator, which shall remain in the Fund 

9 until expended or refunded; and 

10 (B) such amounts as may be appropriated 

11 or transferred to the Fund. 

12 (3) TRANSFERS.—Amounts appropriated or 

13 otherwise made available for any fiscal year for a 

14 strategic seaport may be transferred, at the option 

15 of the recipient of such amounts, to the Fund and 

16 may be administered by the Administrator as a com17 ponent of a project under the program. 

18 (d) USE OF FUNDS FROM THE STRATEGIC SEAPORT

19 READINESS INFRASTRUCTURE DEVELOPMENT FUND.— 

20 The Administrator, in conjunction with the United States 

21 Transportation Command, may use funds from the Fund 

22 to— 

23 (1) administer and carry out projects under the 

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1 ment program under this section, including projects 

2 to— 

3 (A) upgrade infrastructure resiliency of 

4 piers or wharfs or enhancing flexible lay-down 

5 areas for heavy lift, increase efficiency in the 

6 handling Department of Defense intermodal 

7 cargo movements, enhance shoreside intermodal 

8 transportation infrastructure, or carry out other 

9 similar improvements designed to increase effi10 ciency of Department of Defense readiness; 

11 (B) facilitate training funding dedicated to 

12 enhancing interoperability between military and 

13 port terminal personnel, testing and expanding 

14 operational areas to maximize strategic seaport 

15 capability and assets; and 

16 (C) provide cyber resiliency project funding 

17 dedicated to the installation of new cybersecu18 rity infrastructure, or the enhancement of exist19 ing cybersecurity infrastructure, in order to en20 sure security of military operations at strategic 

21 seaports; and 

22 (2) make refunds for projects under that pro23 gram that will not be completed. 


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1 SEC. 112. MARITIME TECHNICAL ASSISTANCE PROGRAM. 

2 Section 50307 of title 46, United States Code, is 

3 amended— 

4 (1) in subsection (a), by striking ‘‘The Sec5 retary of Transportation may engage in the environ6 mental study’’ and inserting ‘‘The Maritime Admin7 istrator, on behalf of the Secretary of Transpor8 tation, shall engage in the study’’; 

9 (2) in subsection (b)— 

10 (A) in the matter preceding paragraph (1), 

11 by striking ‘‘may’’ and inserting ‘‘shall’’; and 

12 (B) in paragraph (1)— 

13 (i) in the matter preceding subpara14 graph (A), by striking ‘‘that are likely to 

15 achieve environmental improvements by’’ 

16 and inserting ‘‘to improve’’; 

17 (ii) by redesignating subparagraphs 

18 (A) through (C) as clauses (i) through 

19 (iii), respectively; 

20 (iii) by inserting before clause (i), the 

21 following: 

22 ‘‘(A) performance to meet international 

23 standards and guidelines, including—’’; and 

24 (iv) in clause (iii), as redesignated by 

25 clause (ii), by striking ‘‘species; and’’ and 

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1 section and inserting ‘‘species, reducing 

2 propeller cavitation; 

3 ‘‘(B) the efficiency and competitiveness of 

4 domestic maritime industries; and 

5 ‘‘(2) coordinate with the Environmental Protec6 tion Agency, the Coast Guard, and other Federal, 

7 State, local, or tribal agencies, as appropriate.’’; 

8 (3) in subsection (c)(2), by striking ‘‘benefits’’ 

9 and inserting ‘‘or other benefits to domestic mari10 time industries’’; and 

11 (4) by adding at the end the following: 

12 ‘‘(e) LIMITATIONS ON THE USE OF FUNDS.—For the 

13 purposes of this program, no more than 3 percent of funds 

14 may be used for administrative purposes.’’. 

15 SEC. 113. DOMESTIC SHIP RECYCLING FACILITIES. 

16 Section 3502 of the Floyd D. Spence National De17 fense Authorization Act for Fiscal Year 2001 (54 U.S.C. 

18 308704 note) is amended— 

19 (1) by redesignating subsections (c) through (f) 

20 as subsections (d) through (g), respectively; and 

21 (2) by inserting after subsection (b) the fol22 lowing: 

23 ‘‘(c) SCRAPPING OF IMPORTED VESSELS.— 

24 ‘‘(1) IN GENERAL.—Notwithstanding any other 

25 provision of law, domestic ship scrapping facilities 


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1 selected by the Secretary of Transportation in ac2 cordance with subsection (b) may import into the 

3 United States, for the purpose of dismantling, ma4 rine vessels that contain regulated levels of poly5 chlorinated biphenyls that are integral to a vessel’s 

6 structure, equipment, or systems necessary for its 

7 operation. 

8 ‘‘(2) NO TSCA PRIOR AUTHORIZATION RE9 QUIRED.—In lieu of rulemaking by the Adminis10 trator of the Environmental Protection Agency 

11 under section 6(e) of the Toxic Substances Control 

12 Act (15 U.S.C. 2605(e)), imports of vessels con13 taining regulated levels of polychlorinated biphenyls 

14 shall be subject to prior notification and consent in 

15 accordance with this subsection. 

16 ‘‘(3) NOTIFICATION.— 

17 ‘‘(A) CONTENTS.—An importer of 1 or 

18 more vessels containing regulated levels of poly19 chlorinated biphenyls shall submit a notification 

20 to the Environmental Protection Agency not 

21 less than 75 days before a vessel is imported 

22 into the United States under this subsection. 

23 The import notification may cover up to one 

24 year of shipments of vessels containing regu25 lated levels of polychlorinated biphenyls being 


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1 sent to the same ship scrapping facility, and 

2 shall contain, at a minimum, the following 

3 items: 

4 ‘‘(i) The name, contact name, address, 

5 telephone number, email address, and EPA 

6 Identification Number (if applicable) of the 

7 ship scrapping facility and the recognized 

8 trader, if the ship scrapping facility is not 

9 the importer. 

10 ‘‘(ii) The name, contact name, ad11 dress, telephone number, email address, 

12 and EPA Identification Number (if appli13 cable) of each facility where poly14 chlorinated biphenyls or hazardous mate15 rials contained on a vessel will be stored 

16 and disposed of, including any poly17 chlorinated biphenyls storage or disposal 

18 facility approved under the Toxic Sub19 stances Control Act (15 U.S.C. 2601 et 

20 seq.). 

21 ‘‘(iii) The types of polychlorinated 

22 biphenyls or polychlorinated biphenyls 

23 items expected to be removed from the ves24 sels. 


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1 ‘‘(iv) The number of vessels proposed 

2 for import and maximum tonnage. 

3 ‘‘(v) The period of time covered by the 

4 import notice (not to exceed one year) and 

5 the start and end dates of shipment. 

6 ‘‘(B) FORM.—Each notice under this para7 graph shall be clearly marked ‘PCB Waste Im8 port Notice’ and shall be submitted to the Envi9 ronmental Protection Agency in such form and 

10 manner as the Environmental Protection Agen11 cy may require. 

12 ‘‘(C) REVISED NOTIFICATION.—If an im13 porter wishes to change any of the information 

14 specified on the original notification, the im15 porter must submit a revised notification, con16 taining notification of the changes, to the Envi17 ronmental Protection Agency. 

18 ‘‘(4) CONSENT.— 

19 ‘‘(A) IN GENERAL.—An importer shall not 

20 import vessels containing regulated levels of 

21 polychlorinated biphenyls until the importer has 

22 received consent from the Administrator of the 

23 Environmental Protection Agency. 

24 ‘‘(B) TERMS.—Importers shall only import 

25 vessels under the terms of the consent issued by 


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1 the Administrator of the Environmental Protec2 tion Agency under this paragraph and subject 

3 to the condition that the facility shall establish 

4 a valid written contract, chain of contracts, or 

5 equivalent arrangements with other United 

6 States facilities, where applicable, to manage 

7 the polychlorinated biphenyls and hazardous 

8 waste expected to be removed from the vessel or 

9 vessels. 

10 ‘‘(5) REPORT TO THE ENVIRONMENTAL PRO11 TECTION AGENCY.—Any ship scrapping facility au12 thorized by this subsection to import vessels con13 taining regulated levels of polychlorinated biphenyls 

14 shall file with the Administrator of the Environ15 mental Protection Agency, not later than April 1 of 

16 each year, a report providing, for each vessel im17 ported in accordance with this subsection, the fol18 lowing information: 

19 ‘‘(A) The vessel name and approximated 

20 tonnage. 

21 ‘‘(B) Registration number and flag of the 

22 vessel. 

23 ‘‘(C) The date of import. 


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1 ‘‘(D) The types, quantities, and final des2 tination of all polychlorinated biphenyls and 

3 hazardous waste removed. 

4 ‘‘(E) The EPA-issued consent number 

5 under which the vessel was imported. 

6 ‘‘(6) APPLICABLE LAWS.—Once a vessel has 

7 been imported pursuant to this subsection, the man8 ufacturing, processing, distribution in commerce, 

9 use, and disposal of any polychlorinated biphenyls 

10 and hazardous waste contained on the vessel shall be 

11 carried out in accordance with applicable Federal, 

12 State, and local laws and regulations. 

13 ‘‘(7) AUTHORITY.—The Administrator of the 

14 Environmental Protection Agency may promulgate 

15 additional standards or procedures for the import of 

16 ships that contain regulated levels of polychlorinated 

17 biphenyls and hazardous waste, for the purpose of 

18 recycling, under this subsection, if— 

19 ‘‘(A) the benefits of such additional stand20 ards or procedures exceed the costs of those 

21 standards or procedures; 

22 ‘‘(B) not later than 180 days prior to pro23 mulgating such additional standards or proce24 dures, the Administrator of the Environmental 

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1 mittee on Commerce, Science, and Transpor2 tation of the Senate and the Committee on 

3 Transportation and Infrastructure of the House 

4 of Representatives demonstrating compliance 

5 with subparagraph (A) and the reasons such 

6 standards or procedures are necessary; and 

7 ‘‘(C) the Administrator of the Environ8 mental Protection Agency receives the concur9 rence of the Maritime Administrator on any 

10 such additional standards or procedures.’’. 

11 SEC. 114. IMPROVEMENT OF NATIONAL OCEANOGRAPHIC 

12 PARTNERSHIP PROGRAM. 

13 (a) ADDITIONAL MEANS OF ACHIEVEMENT OF

14 GOALS OF PROGRAM THROUGH OCEANOGRAPHIC EF15 FORTS.—Section 8931(b)(2) of title 10, United States 

16 Code, is amended— 

17 (1) in subparagraph (A)— 

18 (A) by striking ‘‘identifying’’ and inserting 

19 ‘‘creating’’; and 

20 (B) by inserting ‘‘science,’’ after ‘‘areas 

21 of’’; and 

22 (2) by striking subparagraph (B) and inserting 

23 the following: 

24 ‘‘(B) soliciting, accepting, and executing 

25 oceanographic research and observational 


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1 projects funded by private grants, contracts, or 

2 cooperative agreements that contribute to such 

3 goals.’’. 

4 (b) NATIONAL OCEAN RESEARCH LEADERSHIP

5 COUNCIL MEMBERSHIP.—Section 8932 of title 10, United 

6 States Code, is amended— 

7 (1) in subsection (b)— 

8 (A) by striking paragraph (10); 

9 (B) by redesignating paragraphs (11) 

10 through (14) as paragraphs (12) through (15), 

11 respectively; and 

12 (C) by inserting after paragraph (9) the 

13 following new paragraphs: 

14 ‘‘(10) The Bureau of Ocean Energy Manage15 ment of the Department of the Interior. 

16 ‘‘(11) The Bureau of Safety and Environmental 

17 Enforcement of the Department of the Interior.’’; 

18 (2) in subsection (d)— 

19 (A) in paragraph (2)— 

20 (i) in subparagraph (B), by striking 

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1 demic, commercial, and private participa2 tion or support’’; 

3 (ii) in subparagraph (E), by striking 

4 ‘‘peer’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(F) Preexisting facilities, such as regional 

8 data centers operated by the Integrated Ocean 

9 Observing system, and expertise.’’; and 

10 (B) by striking paragraph (3); 

11 (3) in subsection (e)— 

12 (A) in the subsection heading by striking 

13 ‘‘REPORT’’ and inserting ‘‘BRIEFING’’; 

14 (B) in the matter preceding paragraph (1), 

15 by striking ‘‘to Congress a report’’ and insert16 ing ‘‘to the Committee on Commerce, Science, 

17 and Transportation of the Senate and the Com18 mittee on Natural Resources of the House of 

19 Representatives a briefing’’; 

20 (C) by striking ‘‘report’’ and inserting 

21 ‘‘briefing’’ each place the term appears; 

22 (D) by striking paragraph (4) and insert23 ing the following: 


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1 ‘‘(4) A description of the involvement of Fed2 eral agencies and non-Federal contributors partici3 pating in the program.’’; and 

4 (E) in paragraph (5), by striking ‘‘and the 

5 estimated expenditures under such programs, 

6 projects, and activities during such following 

7 fiscal year’’ and inserting ‘‘and the estimated 

8 expenditures under such programs, projects, 

9 and activities of the program during such fol10 lowing fiscal year’’; 

11 (4) in subsection (f)— 

12 (A) by striking paragraph (1) and insert13 ing the following: 

14 ‘‘(1) The Secretary of the Navy shall establish 

15 an office to support the National Oceanographic 

16 Partnership Program. The Council shall use com17 petitive procedures in selecting an operator for the 

18 partnership program office. If practicable, an organi19 zation or entity may be selected as operator only if 

20 the organization or entity has experience managing 

21 interagency programs and programs with participa22 tion from other public and private entities.’’; and 

23 (B) in paragraph (2)— 


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1 (i) in subparagraph (B), by inserting 

2 ‘‘, where appropriate,’’ before ‘‘managing’’; 

3 and 

4 (ii) in subparagraph (C), by inserting 

5 ‘‘, cooperative agreements,’’ after ‘‘con6 tracts,’’; and 

7 (5) by amending subsection (g) to read as fol8 lows: 

9 ‘‘(g) CONTRACT AND GRANT AUTHORITY.— 

10 ‘‘(1) IN GENERAL.—To carry out the purposes 

11 of the National Oceanographic Partnership Pro12 gram, the Council shall have, in addition to other 

13 powers otherwise given it under this chapter, the fol14 lowing authorities: 

15 ‘‘(A) To authorize one or more of the de16 partments or agencies represented on the Coun17 cil to enter into contracts and make grants or 

18 cooperative agreements, and establish and man19 age new collaborative programs as considered 

20 appropriate, to address emerging science prior21 ities using both donated and appropriated 

22 funds. 

23 ‘‘(B) To authorize the program office 

24 under subsection (f), on behalf of the Council, 

25 to accept funds, including fines and penalties, 


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1 from other Federal and State departments and 

2 agencies. 

3 ‘‘(C) To authorize the program office, on 

4 behalf of the Council, to award grants and 

5 enter into contracts for purposes of the Na6 tional Oceanographic Partnership Program. 

7 ‘‘(D) To authorize the program office, on 

8 behalf of the Council, to solicit, accept and exe9 cute oceanographic research projects for pur10 poses of the National Oceanographic Partner11 ship Program that are funded by private 

12 grants, contracts, and donations. 

13 ‘‘(E) To transfer funds to other Federal 

14 and State departments and agencies in further15 ance of the purposes of the National Oceano16 graphic Partnership Program. 

17 ‘‘(F) To authorize one or more of the de18 partments or agencies represented on the Coun19 cil to enter into contracts and make grants, for 

20 the purpose of implementing the National 

21 Oceanographic Partnership Program and car22 rying out the responsibilities of the Council. 

23 ‘‘(G) To use, with the consent of the head 

24 of the agency or entity concerned, on a non-re25 imbursable basis, the land, services, equipment, 


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1 personnel, facilities, advice, and information 

2 provided by a Federal agency or entity, State, 

3 local government, Tribal government, territory, 

4 or possession, or any subdivisions thereof, or 

5 the District of Columbia as may be helpful in 

6 the performance of the duties of the Council. 

7 ‘‘(2) FUNDS TRANSFERRED.—Funds identified 

8 for direct support of National Oceanographic Part9 nership Program grants are authorized for transfer 

10 between agencies and are exempt from section 1535 

11 of title 31, United States Code (commonly known as 

12 the ‘Economy Act of 1932’).’’. 

13 SEC. 115. IMPROVEMENTS TO THE MARITIME GUARANTEED 

14 LOAN PROGRAM. 

15 (a) DEFINITIONS.—Section 53701 of title 46, United 

16 States Code, is amended— 

17 (1) by striking paragraph (5); 

18 (2) by redesignating paragraphs (6) through 

19 (15) as paragraphs (5) through (14), respectively; 

20 and 

21 (3) by adding at the end the following: 

22 ‘‘(15) VESSEL OF NATIONAL INTEREST.—The 

23 term ‘Vessel of National Interest’ means a vessel 

24 deemed to be of national interest that meets charac25 teristics determined by the Administrator, in conVerDate Sep 11 2014 03:38 May 23, 2019 Jkt 089200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1417.IS S1417

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1 sultation with the Secretary of Defense, the Sec2 retary of Homeland Security, or the heads of other 

3 Federal agencies, as described in section 53703(e).’’. 

4 (b) PREFERRED LENDER.—Section 53702(a) of title 

5 46, United States Code, is amended— 

6 (1) by striking ‘‘The Secretary or Adminis7 trator, on terms the Secretary or Administrator may 

8 prescribe,’’ and inserting the following: 

9 ‘‘(1) GUARANTEE.—The Secretary, acting 

10 through the Administrator, on terms the Secretary 

11 or Administrator may prescribe,’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(2) PREFERRED ELIGIBLE LENDER.—The 

14 Federal Financing Bank shall be the preferred eligi15 ble lender of the principal and interest of the guar16 anteed obligations issued under this chapter.’’. 

17 (c) APPLICATION AND ADMINISTRATION.—Section 

18 53703 of title 46, United States Code, is amended— 

19 (1) in the section heading, by striking ‘‘proce20 dures’’ and inserting ‘‘and administration’’; 

21 and 

22 (2) by adding at the end the following: 

23 ‘‘(c) INDEPENDENT ANALYSIS.— 

24 ‘‘(1) IN GENERAL.—To assess and mitigate the 

25 risks due to factors associated with markets, techVerDate Sep 11 2014 03:38 May 23, 2019 Jkt 089200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1417.IS S1417

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1 nology, financial, or legal structures related to an 

2 application or guarantee under this chapter, the Sec3 retary or Administrator may utilize third-party ex4 perts, including legal counsel, to— 

5 ‘‘(A) process and review applications under 

6 this chapter, including conducting independent 

7 analysis and review of aspects of an application; 

8 ‘‘(B) represent the Secretary or Adminis9 trator in structuring and documenting the obli10 gation guarantee; 

11 ‘‘(C) analyze and review aspects of, struc12 ture, and document the obligation guarantee 

13 during the term of the guarantee; 

14 ‘‘(D) recommend financial covenants or fi15 nancial ratios to be met by the applicant during 

16 the time a guarantee under this chapter is out17 standing that are— 

18 ‘‘(i) based on the financial covenants 

19 or financial ratios, if any, that are then ap20 plicable to the obligor under private sector 

21 credit agreements; and 

22 ‘‘(ii) in lieu of other financial cov23 enants applicable to the obligor under this 

24 chapter with respect to requirements re25 garding long-term debt-to-equity, minimum 


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1 working capital, or minimum amount of 

2 equity; and 

3 ‘‘(E) represent the Secretary or Adminis4 trator to protect the security interests of the 

5 Government relating to an obligation guarantee. 

6 ‘‘(2) PRIVATE SECTOR EXPERT.—Independent 

7 analysis, review, and representation conducted under 

8 this subsection shall be performed by a private sec9 tor expert in the applicable field who is selected by 

10 the Secretary or Administrator. 

11 ‘‘(d) VESSELS OF NATIONAL INTEREST.— 

12 ‘‘(1) NOTICE OF FUNDING.—The Secretary or 

13 Administrator may post a notice in the Federal Reg14 ister regarding the availability of funding for obliga15 tion guarantees under this chapter for the construc16 tion, reconstruction, or reconditioning of a Vessel of 

17 National Interest and include a timeline for the sub18 mission of applications for such vessels. 

19 ‘‘(2) VESSEL CHARACTERISTICS.— 

20 ‘‘(A) IN GENERAL.—The Secretary or Ad21 ministrator, in consultation with the Secretary 

22 of Defense, the Secretary of Homeland Secu23 rity, or the heads of other Federal agencies, 

24 shall develop and publish a list of vessel types 


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1 that would be considered Vessels of National 

2 Interest. 

3 ‘‘(B) REVIEW.—Such list shall be reviewed 

4 and revised every 4 years or as necessary, as 

5 determined by the Administrator.’’. 

6 (d) FUNDING LIMITS.—Section 53704 of title 46, 

7 United States Code, is amended— 

8 (1) in subsection (a)— 

9 (A) by striking ‘‘that amount’’ and all the 

10 follows through ‘‘$850,000,000’’ and inserting 

11 ‘‘that amount, $850,000,000’’; and 

12 (B) by striking ‘‘facilities’’ and all that fol13 lows through the end of the subsection and in14 serting ‘‘facilities.’’; and 

15 (2) in subsection (c)(4)— 

16 (A) by striking subparagraph (A); and 

17 (B) by redesignating subparagraphs (B) 

18 through (K), as subparagraphs (A) through (J), 

19 respectively. 

20 (e) ELIGIBLE PURPOSES OF OBLIGATIONS.—Section 

21 53706 of title 46, United States Code, is amended— 

22 (1) in subsection (a)(1)(A)— 

23 (A) in the matter preceding clause (i), by 

24 striking ‘‘(including an eligible export vessel)’’; 


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1 (B) in clause (iv) by adding ‘‘or’’ after the 

2 semicolon; 

3 (C) in clause (v), by striking ‘‘; or’’ and in4 serting a period; and 

5 (D) by striking clause (vi); and 

6 (2) in subsection (c)(1)— 

7 (A) in subparagraph (A), by striking 

8 ‘‘and’’ after the semicolon; 

9 (B) in subparagraph (B)(ii), by striking 

10 the period at the end and inserting ‘‘; and’’; 

11 and 

12 (C) by adding at the end the following: 

13 ‘‘(C) after applying subparagraphs (A) and 

14 (B), Vessels of National Interest.’’. 

15 (f) AMOUNT OF OBLIGATIONS.—Section 53709(b) of 

16 title 46, United States Code, is amended— 

17 (1) by striking paragraphs (3) and (6); and 

18 (2) by redesignating paragraphs (4) and (5) as 

19 paragraphs (3) and (4), respectively. 

20 (g) CONTENTS OF OBLIGATIONS.—Section 53710 of 

21 title 46, United States Code, is amended— 

22 (1) in subsection (a)(4)— 

23 (A) in subparagraph (A)— 

24 (i) by striking ‘‘or, in the case of’’ and 

25 all that follows through ‘‘party’’; and 


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1 (ii) by striking ‘‘and’’ after the semi2 colon; 

3 (B) in subparagraph (B), by striking the 

4 period at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(C) documented under the laws of the 

7 United States for the term of the guarantee of 

8 the obligation or until the obligation is paid in 

9 full, whichever is sooner.’’; and 

10 (2) in subsection (c)— 

11 (A) in the subsection heading, by inserting 

12 ‘‘AND PROVIDE FOR THE FINANCIAL STABILITY

13 OF THE OBLIGOR’’ after ‘‘INTERESTS’’; 

14 (B) by striking ‘‘provisions for the protec15 tion of’’ and inserting ‘‘provisions, which shall 

16 include— 

17 ‘‘(1) provisions for the protection of’’; 

18 (C) by striking ‘‘, and other matters that 

19 the Secretary or Administrator may prescribe.’’ 

20 and inserting ‘‘; and’’; and 

21 (D) by adding at the end the following: 

22 ‘‘(2) any other provisions that the Secretary or 

23 Administrator may prescribe.’’. 

24 (h) ADMINISTRATIVE FEES.—Section 53713 of title 

25 46, United States Code, is amended— 


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1 (1) in subsection (a)— 

2 (A) in the matter preceding paragraph 

3 (1)— 

4 (i) by striking ‘‘shall’’ and inserting 

5 ‘‘may’’; and 

6 (ii) by striking ‘‘reasonable for—’’ 

7 and inserting ‘‘reasonable for processing 

8 the application and monitoring the loan 

9 guarantee, including for—’’; 

10 (B) in paragraph (4), by striking ‘‘; and’’ 

11 and inserting ‘‘or a deposit fund under section 

12 53716 of this title;’’; 

13 (C) in paragraph (5), by striking the pe14 riod at the end and inserting ‘‘; and’’; and 

15 (D) by adding at the end the following: 

16 ‘‘(6) monitoring and providing services related 

17 to the obligor’s compliance with any terms related to 

18 the obligations, the guarantee, or maintenance of the 

19 Secretary or Administrator’s security interests under 

20 this chapter.’’; and 

21 (2) in subsection (c)— 

22 (A) in paragraph (1), by striking ‘‘under 

23 section 53708(d) of this title’’ and inserting 

24 ‘‘under section 53703(d) of this title’’; 


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1 (B) by redesignating paragraphs (1) 

2 through (3) as subparagraphs (A) through (C), 

3 respectively; 

4 (C) by striking ‘‘The Secretary’’ and in5 serting the following: 

6 ‘‘(1) IN GENERAL.—The Secretary’’; and 

7 (D) by adding at the end the following: 

8 ‘‘(2) FEE LIMITATION INAPPLICABLE.—Fees 

9 collected under this subsection are not subject to the 

10 limitation of subsection (b).’’. 

11 (i) BEST PRACTICES; ELIGIBLE EXPORT VESSELS.— 

12 Chapter 537 of title 46, United States Code, is further 

13 amended— 

14 (1) in subchapter I, by adding at the end the 

15 following new section: 

16 ‘‘§ 53719. Best practices 

17 ‘‘The Secretary or Administrator shall ensure that all 

18 standard documents and agreements that relate to loan 

19 guarantees made pursuant to this chapter are reviewed 

20 and updated every four years to ensure that such docu21 ments and agreements meet the current commercial best 

22 practices to the extent permitted by law.’’; and 

23 (2) in subchapter III, by striking section 

24 53732. 


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1 (j) EXPRESS CONSIDERATION OF LOW-RISK APPLI2 CATIONS.—Not later than 180 days after the date of en3 actment of this Act, the Administrator of the Maritime 

4 Administration shall, in consultation with affected stake5 holders, create a process for express processing of low-risk 

6 maritime guaranteed loan applications under chapter 537 

7 of title 46, United States Code, based on Federal and in8 dustry best practices, including proposals to better assist 

9 applicants to submit complete applications within 6 

10 months of the initial application. 

11 (k) CLERICAL AMENDMENTS.— 

12 (1) The table of sections at the beginning of 

13 chapter 537 of title 46, United States Code, is 

14 amended by inserting after the item relating to sec15 tion 53718 the following new item: 

‘‘53719. Best practices.’’. 

16 (2) The table of sections at the beginning of 

17 chapter 537 of title 46, United States Code, is fur18 ther amended by striking the item relating to section 

19 53732. 

20 SEC. 116. TECHNICAL CORRECTIONS. 

21 (a) THE NATIVE AMERICAN VETERANS’ MEMORIAL

22 ESTABLISHMENT ACT OF 1994.—The Native American 

23 Veterans’ Memorial Establishment Act of 1994 (20 U.S.C. 

24 80q–5 note) is amended— 


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1 (1) in section 2, by striking ‘‘Armed Forces’’ 

2 each place the term appears and inserting ‘‘uni3 formed services’’; and 

4 (2) in section 3(c), by adding at the end the fol5 lowing: 

6 ‘‘(3) Any design so selected shall include a rep7 resentation of all the uniformed services (as that 

8 term is defined in section 101(a) of title 10, United 

9 States Code).’’. 

10 (b) OFFICE OF PERSONNEL MANAGEMENT GUID11 ANCE.—Not later than 120 days after the date of enact12 ment of this Act, the Director of the Office of Personnel 

13 Management, in consultation with the Administrator of 

14 the Maritime Administration, shall identify key skills and 

15 competencies necessary to maintain a balance of expertise 

16 in merchant marine seagoing service and strategic sealift 

17 military service in each of the following positions within 

18 the Office of the Commandant: 

19 (1) Commandant. 

20 (2) Deputy Commandant. 

21 (3) Tactical company officers. 

22 (4) Regimental officers. 

23 (c) SEA YEAR COMPLIANCE.—Section 3514(a)(1)(A) 

24 of the National Defense Authorization Act for Fiscal Year 

25 2017 (Public Law 114–328; 46 U.S.C. 51318 note) is 


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1 amended by inserting ‘‘domestic and international’’ after 

2 ‘‘criteria that’’. 

3 TITLE II—MARITIME SAFE ACT 

4 SEC. 201. SHORT TITLE. 

5 (a) SHORT TITLE.—This title may be cited as the 

6 ‘‘Maritime Security and Fisheries Enforcement Act’’ or 

7 the ‘‘Maritime SAFE Act’’. 

8 SEC. 202. DEFINITIONS. 

9 In this title: 

10 (1) AIS.—The term ‘‘AIS’’ means Automatic 

11 Identification System (as defined in section 164.46 

12 of title 33, Code of Federal Regulations, or a similar 

13 successor regulation). 

14 (2) COMBINED MARITIME FORCES.—The term 

15 ‘‘Combined Maritime Forces’’ means the 33-nation 

16 naval partnership, originally established in February 

17 2002, which promotes security, stability, and pros18 perity across approximately 3,200,000 square miles 

19 of international waters. 

20 (3) EXCLUSIVE ECONOMIC ZONE.— 

21 (A) IN GENERAL.—Unless otherwise speci22 fied by the President as being in the public in23 terest in a writing published in the Federal 

24 Register, the term ‘‘exclusive economic zone’’ 

25 means— 


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1 (i) the area within a zone established 

2 by a maritime boundary that has been es3 tablished by a treaty in force or a treaty 

4 that is being provisionally applied by the 

5 United States; or 

6 (ii) in the absence of a treaty de7 scribed in clause (i)— 

8 (I) a zone, the outer boundary of 

9 which is 200 nautical miles from the 

10 baseline from which the breadth of 

11 the territorial sea is measured; or 

12 (II) if the distance between the 

13 United States and another country is 

14 less than 400 nautical miles, a zone, 

15 the outer boundary of which is rep16 resented by a line equidistant between 

17 the United States and the other coun18 try. 

19 (B) INNER BOUNDARY.—Without affecting 

20 any Presidential Proclamation with regard to 

21 the establishment of the United States terri22 torial sea or exclusive economic zone, the inner 

23 boundary of the exclusive economic zone is— 

24 (i) in the case of coastal States, a line 

25 coterminous with the seaward boundary of 


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1 each such State (as described in section 4 

2 of the Submerged Lands Act (43 U.S.C. 

3 1312)); 

4 (ii) in the case of the Commonwealth 

5 of Puerto Rico, a line that is 3 marine 

6 leagues from the coastline of the Common7 wealth of Puerto Rico; 

8 (iii) in the case of American Samoa, 

9 the United States Virgin Islands, and 

10 Guam, a line that is 3 geographic miles 

11 from the coastlines of American Samoa, 

12 the United States Virgin Islands, or Guam, 

13 respectively; 

14 (iv) in the case of the Commonwealth 

15 of the Northern Mariana Islands— 

16 (I) the coastline of the Common17 wealth of the Northern Mariana Is18 lands, until the Commonwealth of the 

19 Northern Mariana Islands is granted 

20 authority by the United States to reg21 ulate all fishing to a line seaward of 

22 its coastline; and 

23 (II) upon the United States 

24 grant of the authority described in 


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1 subclause (I), the line established by 

2 such grant of authority; or 

3 (v) for any possession of the United 

4 States not referred to in clause (ii), (iii), or 

5 (iv), the coastline of such possession. 

6 (C) RULE OF CONSTRUCTION.—Nothing in 

7 this paragraph may be construed to diminish 

8 the authority of the Department of Defense, the 

9 Department of the Interior, or any other Fed10 eral department or agency. 

11 (4) FOOD SECURITY.—The term ‘‘food secu12 rity’’ means access to, and availability, utilization, 

13 and stability of, sufficient food to meet caloric and 

14 nutritional needs for an active and healthy life. 

15 (5) GLOBAL RECORD OF FISHING VESSELS, RE16 FRIGERATED TRANSPORT VESSELS, AND SUPPLY

17 VESSELS.—The term ‘‘global record of fishing ves18 sels, refrigerated transport vessels, and supply ves19 sels’’ means the Food and Agriculture Organization 

20 of the United Nations’ initiative to rapidly make 

21 available certified data from state authorities about 

22 vessels and vessel related activities. 

23 (6) IUU FISHING.—The term ‘‘IUU fishing’’ 

24 means illegal fishing, unreported fishing, or unregu25 lated fishing (as such terms are defined in paraVerDate Sep 11 2014 03:38 May 23, 2019 Jkt 089200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S1417.IS S1417

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1 graph 3 of the International Plan of Action to Pre2 vent, Deter, and Eliminate Illegal, Unreported and 

3 Unregulated Fishing, adopted at the 24th Session of 

4 the Committee on Fisheries in Rome on March 2, 

5 2001). 

6 (7) PORT STATE MEASURES AGREEMENT.—The 

7 term ‘‘Port State Measures Agreement’’ means the 

8 Agreement on Port State Measures to Prevent, 

9 Deter, and Eliminate Illegal, Unreported, and Un10 regulated Fishing set forth by the Food and Agri11 culture Organization of the United Nations, done at 

12 Rome, Italy November 22, 2009, and entered into 

13 force June 5, 2016, which offers standards for re14 porting and inspecting fishing activities of foreign15 flagged fishing vessels at port. 

16 (8) PRIORITY FLAG STATE.—The term ‘‘priority 

17 flag state’’ means a country selected in accordance 

18 with section 222(b)(3)— 

19 (A) whereby the flagged vessels of which 

20 actively engage in, knowingly profit from, or are 

21 complicit in IUU fishing; and 

22 (B) that is willing, but lacks the capacity, 

23 to monitor or take effective enforcement action 

24 against its fleet. 


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1 (9) PRIORITY REGION.—The term ‘‘priority re2 gion’’ means a region selected in accordance with 

3 section 222(b)(2)— 

4 (A) that is at high risk for IUU fishing ac5 tivity or the entry of illegally caught seafood 

6 into the markets of countries in the region; and 

7 (B) in which countries lack the capacity to 

8 fully address the illegal activity described in 

9 subparagraph (A). 

10 (10) REGIONAL FISHERIES MANAGEMENT OR11 GANIZATION.—The term ‘‘Regional Fisheries Man12 agement Organization’’ means an intergovernmental 

13 fisheries organization or arrangement, as appro14 priate, that has the competence to establish con15 servation and management measures. 

16 (11) SEAFOOD.—The term ‘‘seafood’’— 

17 (A) means marine finfish, mollusks, crus18 taceans, and all other forms of marine animal 

19 and plant life, including those grown, produced, 

20 or reared through marine aquaculture oper21 ations or techniques; and 

22 (B) does not include marine mammals or 

23 birds. 

24 (12) SEAFOOD FRAUD.—The term ‘‘seafood 

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1 sentation of information regarding seafood or sea2 food products with the intent to deceive or defraud. 

3 (13) SEAFOOD TRACEABILITY PROGRAM.—The 

4 term ‘‘seafood traceability program’’ means any pro5 gram implemented by the National Oceanic and At6 mospheric Administration (such as the Seafood Im7 port Monitoring Program) that requires, with re8 spect to seafood and seafood products imported into 

9 the United States— 

10 (A) permitting, data reporting, and record11 keeping to prevent illegal, unreported, unregu12 lated, or misrepresented seafood from entering 

13 United States commerce; and 

14 (B) verifying the chain of custody of such 

15 seafood, from harvest to point of entry into the 

16 United States. 

17 (14) TRANSNATIONAL ORGANIZED ILLEGAL AC18 TIVITY.—The term ‘‘transnational organized illegal 

19 activity’’ means criminal activity conducted by self20 perpetuating associations of individuals who operate 

21 transnationally for the purpose of obtaining power, 

22 influence, or monetary or commercial gains, wholly 

23 or in part by illegal means, while protecting their ac24 tivities through a pattern of corruption or violence 

25 or through a transnational organizational structure 


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1 and the exploitation of transnational commerce or 

2 communication mechanisms. 

3 (15) TRANSSHIPMENT.—The term ‘‘trans4 shipment’’ means the use of refrigerated vessels 

5 that— 

6 (A) collect catch from multiple fishing 

7 boats; 

8 (B) carry the accumulated catches back to 

9 port; and 

10 (C) deliver supplies to fishing boats, which 

11 allows fishing vessels to remain at sea for ex12 tended periods without coming into port. 

13 SEC. 203. FINDINGS. 

14 Congress makes the following findings: 

15 (1) In a report titled, ‘‘Global Implications of 

16 Illegal, Unreported, and Unregulated (IUU) Fish17 ing’’, the Office of the Director of National Intel18 ligence identified IUU fishing as— 

19 (A) a threat to the national security of the 

20 United States; and 

21 (B) a challenge to peace and stability in 

22 regions of importance to the United States. 

23 (2) Executive Order 13773 (82 Fed. Reg. 

24 10691), issued on February 9, 2017, calls for a 

25 comprehensive approach by the Federal Government 


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1 to combat crime syndicates, including transnational 

2 organized illegal activities that may be associated 

3 with IUU fishing. 

4 (3) It is estimated that the value of IUU fish5 ing may exceed $1,000,000,000 annually in unlawful 

6 or undocumented revenue and may sometimes be 

7 linked to transnational organized illegal activities, 

8 including weapons, drug, and human trafficking. 

9 (4) IUU fishing— 

10 (A) undermines the business of legitimate 

11 workers in the seafood industry; and 

12 (B) can create inaccurate population esti13 mates for fish and other seafood species. 

14 (5) Marine fisheries employ millions of people 

15 worldwide, the livelihoods of whom can be negatively 

16 impacted by IUU fishing and associated 

17 transnational organized illegal activities. 

18 (6) IUU fishing vessels play a significant role 

19 in other forms of trafficking, particularly drug traf20 ficking. The Department of Justice has documented 

21 numerous cases of illicit fishing ships involved in 

22 trafficking cocaine, heroin, and cannabis from South 

23 America to the United States. 

24 (7) By introducing cheaper, illegal products 

25 into the global market, IUU fishing undercuts the 


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1 business and economic livelihoods of legitimate fish2 ermen in the United States and around the world. 

3 (8) In the United States and around the world, 

4 seafood fraud undermines the economic viability of 

5 fisheries and deceives consumers about their pur6 chasing choices. 

7 (9) Competition over seafood resources can lead 

8 to heightened tensions, conflict, and geostrategic in9 stability in regions of importance to the United 

10 States. 

11 SEC. 204. PURPOSES. 

12 The purposes of this title are— 

13 (1) to support a whole-of-government approach 

14 across the Federal Government to counter IUU fish15 ing and related threats to maritime security; 

16 (2) to improve data sharing that enhances sur17 veillance, enforcement, and prosecution against IUU 

18 fishing and related activities at a global level; 

19 (3) to support coordination and collaboration to 

20 counter IUU fishing and seafood fraud within pri21 ority regions; 

22 (4) to increase and improve global transparency 

23 and traceability across the seafood supply chain as— 

24 (A) a deterrent to IUU fishing and seafood 

25 fraud; and 


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1 (B) a tool for strengthening fisheries man2 agement and food security; 

3 (5) to improve global enforcement operations 

4 against IUU fishing through a whole-of-government 

5 approach by the United States; and 

6 (6) to prevent the use of IUU fishing as a fi7 nancing source for transnational organized groups 

8 that undermine United States and global security in9 terests. 

10 SEC. 205. STATEMENT OF POLICY. 

11 It is the policy of the United States— 

12 (1) to take action to curtail the global trade in 

13 seafood and seafood products derived from IUU 

14 fishing, including its links to forced labor and 

15 transnational organized illegal activity; 

16 (2) to develop holistic diplomatic, military, law 

17 enforcement, economic, and capacity-building tools 

18 to counter IUU fishing; 

19 (3) to provide technical and other forms of as20 sistance to countries in priority regions and priority 

21 flag states to combat IUU fishing and seafood fraud, 

22 including assistance— 

23 (A) to increase local, national, and regional 

24 level capacities to counter IUU fishing through 


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1 the engagement of law enforcement and secu2 rity forces; 

3 (B) to enhance port capacity and security, 

4 including through support to implement the 

5 Port State Measures Agreement; 

6 (C) to combat corruption and increase 

7 transparency and traceability in fisheries man8 agement and trade; 

9 (D) to enhance information sharing within 

10 and across governments and multilateral orga11 nizations through the development and use of 

12 agreed standards for information sharing; and 

13 (E) to support effective, science-based fish14 eries management regimes that promote legal 

15 and safe fisheries and act as a deterrent to 

16 IUU fishing; 

17 (4) to promote global maritime security through 

18 improved capacity and technological assistance to 

19 support improved maritime domain awareness; 

20 (5) to engage with priority flag states to en21 courage the use of high quality vessel tracking tech22 nologies where existing enforcement tools are lack23 ing; 

24 (6) to engage with multilateral organizations 

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1 eries Management Organizations and the Food and 

2 Agriculture Organization of the United Nations, to 

3 combat and deter IUU fishing; 

4 (7) to advance information sharing across gov5 ernments and multilateral organizations in areas 

6 that cross multiple jurisdictions, through the devel7 opment and use of an agreed standard for informa8 tion sharing; 

9 (8) to continue to use existing and future trade 

10 agreements to combat IUU fishing; 

11 (9) to employ appropriate assets and resources 

12 of the United States Government in a coordinated 

13 manner to disrupt the illicit networks involved in 

14 IUU fishing; 

15 (10) to continue to declassify and make avail16 able, as appropriate and practicable, technologies de17 veloped by the United States Government that can 

18 be used to help counter IUU fishing; 

19 (11) to recognize the ties of IUU fishing to 

20 transnational organized illegal activity, including 

21 human trafficking and illegal trade in narcotics and 

22 arms, and as applicable, to focus on illicit activity in 

23 a coordinated, cross-cutting manner; 


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1 (12) to recognize and respond to poor working 

2 conditions, labor abuses, and other violent crimes in 

3 the fishing industry; 

4 (13) to increase and improve global trans5 parency and traceability along the seafood supply 

6 chain as— 

7 (A) a deterrent to IUU fishing; and 

8 (B) an approach for strengthening fish9 eries management and food security; and 

10 (14) to promote technological investment and 

11 innovation to combat IUU fishing. 

12 Subtitle A—Programs To Combat 

13 IUU Fishing and Increase Mari14 time Security 

15 SEC. 211. COORDINATION WITH INTERNATIONAL ORGANI16 ZATIONS. 

17 The Secretary of State, in conjunction with the Sec18 retary of Commerce, shall coordinate with Regional Fish19 eries Management Organizations and the Food and Agri20 culture Organization of the United Nations, and may co21 ordinate with other relevant international governmental or 

22 nongovernmental organizations, or the private sector, as 

23 appropriate, to enhance regional responses to IUU fishing 

24 and related transnational organized illegal activities. 


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1 SEC. 212. ENGAGEMENT OF DIPLOMATIC MISSIONS OF THE 

2 UNITED STATES. 

3 Not later than 1 year after the date of the enactment 

4 of this title, each chief of mission (as defined in section 

5 102 of the Foreign Service Act of 1980 (22 U.S.C. 3902)) 

6 to a relevant country in a priority region or to a priority 

7 flag state may, if the Secretary of State determines such 

8 action is appropriate— 

9 (1) convene a working group, led by Depart10 ment of State officials, to examine IUU fishing, 

11 which may include stakeholders such as— 

12 (A) United States officials from relevant 

13 agencies participating in the interagency work14 ing group identified in section 221, foreign offi15 cials, nongovernmental organizations, the pri16 vate sector, and representatives of local fisher17 men in the region; and 

18 (B) experts on IUU fishing, law enforce19 ment, criminal justice, transnational organized 

20 illegal activity, defense, intelligence, vessel 

21 movement monitoring, and international devel22 opment operating in or with knowledge of the 

23 region; and 

24 (2) designate a counter-IUU Fishing Coordi25 nator from among existing personnel at the mission 


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1 if the chief of mission determines such action is ap2 propriate. 

3 SEC. 213. ASSISTANCE BY FEDERAL AGENCIES TO IMPROVE 

4 LAW ENFORCEMENT WITHIN PRIORITY RE5 GIONS AND PRIORITY FLAG STATES. 

6 (a) IN GENERAL.—The Secretary of State, in collabo7 ration with the Secretary of Commerce and the Secretary 

8 of the department in which the Coast Guard is operating, 

9 shall provide assistance, as appropriate, in accordance 

10 with this section. 

11 (b) LAW ENFORCEMENT TRAINING AND COORDINA12 TION ACTIVITIES.—The officials referred to in subsection 

13 (a) shall evaluate opportunities to provide assistance, as 

14 appropriate, to countries in priority regions and priority 

15 flag states to improve the effectiveness of IUU fishing en16 forcement, with clear and measurable targets and indica17 tors of success, including— 

18 (1) by assessing and using existing resources, 

19 enforcement tools, and legal authorities to coordi20 nate efforts to combat IUU fishing with efforts to 

21 combat other illegal trade, including weapons, drugs, 

22 and human trafficking; 

23 (2) by expanding existing IUU fishing enforce24 ment training; 


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1 (3) by providing targeted, country- and region2 specific training on combating IUU fishing; 

3 (4) by supporting increased effectiveness and 

4 transparency of the fisheries enforcement sectors of 

5 the governments of such countries; and 

6 (5) by supporting increased outreach to stake7 holders in the affected communities as key partners 

8 in combating and prosecuting IUU fishing. 

9 (c) PORT SECURITY ASSISTANCE.—The officials re10 ferred to in subsection (a) shall evaluate opportunities to 

11 provide assistance, as appropriate, to countries in priority 

12 regions and priority flag states to help those states imple13 ment programs related to port security and capacity for 

14 the purposes of preventing IUU fishing products from en15 tering the global seafood market, including support for im16 plementing the Port State Measures Agreement. 

17 (d) CAPACITY BUILDING FOR INVESTIGATIONS AND

18 PROSECUTIONS.—The officials referred to in subsection 

19 (a), in collaboration with the governments of countries in 

20 priority regions and of priority flag states, shall evaluate 

21 opportunities to assist those countries in designing and 

22 implementing programs in such countries, as appropriate, 

23 to increase the capacity of IUU fishing enforcement and 

24 customs and border security officers to improve their abil25 ity— 


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1 (1) to conduct effective investigations, including 

2 using law enforcement techniques such as under3 cover investigations and the development of informer 

4 networks and actionable intelligence; 

5 (2) to conduct vessel boardings and inspections 

6 at sea and associated enforcement actions; 

7 (3) to exercise existing shiprider agreements 

8 and to enter into and implement new shiprider 

9 agreements, as appropriate; 

10 (4) to conduct vessel inspections at port and as11 sociated enforcement actions; 

12 (5) to assess technology needs and promote the 

13 use of technology to improve monitoring, enforce14 ment, and prosecution of IUU fishing; 

15 (6) to conduct DNA-based and forensic identi16 fication of seafood used in trade; 

17 (7) to conduct training on techniques, such as 

18 collecting electronic evidence and using computer 

19 forensics, for law enforcement personnel involved in 

20 complex investigations related to international mat21 ters, financial issues, and government corruption 

22 that include IUU fishing; 

23 (8) to assess financial flows and the use of fi24 nancial institutions to launder profits related to IUU 

25 fishing; 


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1 (9) to conduct training on the legal mechanisms 

2 that can be used to prosecute those identified in the 

3 investigations as alleged perpetrators of IUU fishing 

4 and other associated crimes such as trafficking and 

5 forced labor; and 

6 (10) to conduct training to raise awareness of 

7 the use of whistleblower information and ways to 

8 incentivize whistleblowers to come forward with 

9 original information related to IUU fishing. 

10 (e) CAPACITY BUILDING FOR INFORMATION SHAR11 ING.—The officials referred to in subsection (a) shall 

12 evaluate opportunities to provide assistance, as appro13 priate, to key countries in priority regions and priority flag 

14 states in the form of training, equipment, and systems de15 velopment to build capacity for information sharing re16 lated to maritime enforcement and port security. 

17 (f) COORDINATION WITH OTHER RELEVANT AGEN18 CIES.—The Secretary of State, in collaboration with the 

19 Secretary of the department in which the Coast Guard is 

20 operating and the Secretary of Commerce, shall coordinate 

21 with other relevant agencies, as appropriate, in accordance 

22 with this section. 


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1 SEC. 214. EXPANSION OF EXISTING MECHANISMS TO COM2 BAT IUU FISHING. 

3 The Secretary of State, the Administrator of the 

4 United States Agency for International Development, the 

5 Secretary of the Department in which the Coast Guard 

6 is operating, the Secretary of Defense, the Secretary of 

7 Commerce, the Attorney General, and the heads of other 

8 appropriate Federal agencies shall assess opportunities to 

9 combat IUU fishing by expanding, as appropriate, the use 

10 of the following mechanisms: 

11 (1) Including counter-IUU fishing in existing 

12 shiprider agreements in which the United States is 

13 a party. 

14 (2) Entering into shiprider agreements that in15 clude counter-IUU fishing with priority flag states 

16 and countries in priority regions with which the 

17 United States does not already have such an agree18 ment. 

19 (3) Including counter-IUU fishing as part of 

20 the mission of the Combined Maritime Forces. 

21 (4) Including counter-IUU fishing exercises in 

22 the annual at-sea exercises conducted by the Depart23 ment of Defense, in coordination with the United 

24 States Coast Guard. 

25 (5) Creating partnerships similar to the Oce26 ania Maritime Security Initiative and the Africa 


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1 Maritime Law Enforcement Partnership in other 

2 priority regions. 

3 SEC. 215. IMPROVEMENT OF TRANSPARENCY AND 

4 TRACEABILITY PROGRAMS. 

5 The Secretary of State, the Administrator of the 

6 United States Agency for International Development, the 

7 Secretary of the Department in which the Coast Guard 

8 is operating, the Secretary of Commerce, and the heads 

9 of other Federal agencies, if merited, shall work, as appro10 priate, with priority flag states and key countries in pri11 ority regions— 

12 (1) to increase knowledge within such countries 

13 about the United States transparency and 

14 traceability standards for imports of seafood and 

15 seafood products; 

16 (2) to improve the capacity of seafood indus17 tries within such countries through information 

18 sharing and training to meet the requirements of 

19 transparency and traceability standards for seafood 

20 and seafood product imports, including catch docu21 mentation and trade tracking programs adopted by 

22 relevant regional fisheries management organiza23 tions; 


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1 (3) to improve the capacities of government, in2 dustry, and civil society groups to develop and imple3 ment comprehensive traceability systems that— 

4 (A) deter IUU fishing; 

5 (B) strengthen fisheries management; and 

6 (C) enhance maritime domain awareness; 

7 and 

8 (4) to support the implementation of seafood 

9 traceability standards in such countries to prevent 

10 IUU fishing products from entering the global sea11 food market and assess capacity and training needs 

12 in those countries. 

13 SEC. 216. TECHNOLOGY PROGRAMS. 

14 The Secretary of State, the Administrator of the 

15 United States Agency for International Development, the 

16 Secretary of the Department in which the Coast Guard 

17 is operating, the Secretary of Defense, the Secretary of 

18 Commerce, and the heads of other Federal agencies, as 

19 appropriate, shall pursue programs to expand the role of 

20 technology for combating IUU fishing, including by— 

21 (1) promoting the use of technology to combat 

22 IUU fishing; 

23 (2) assessing the technology needs, including 

24 vessel tracking technologies and data sharing, in pri25 ority regions and priority flag states; 


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1 (3) engaging with priority flag states to encour2 age the mandated use of vessel tracking tech3 nologies, including vessel monitoring systems, AIS, 

4 or other vessel movement monitoring technologies on 

5 fishing vessels and transshipment vessels at all 

6 times, as appropriate, while at sea as a means to 

7 identify IUU fishing activities and the shipment of 

8 illegally caught fish products; and 

9 (4) building partnerships with the private sec10 tor, including universities, nonprofit research organi11 zations, the seafood industry, and the technology, 

12 transportation and logistics sectors, to leverage new 

13 and existing technologies and data analytics to ad14 dress IUU fishing. 

15 SEC. 217. INFORMATION SHARING. 

16 The Director of National Intelligence, in conjunction 

17 with other agencies, as appropriate, shall develop an enter18 prise approach to appropriately share information and 

19 data within the United States Government or with other 

20 countries or nongovernmental organizations, or the private 

21 sector, as appropriate, on IUU fishing and other con22 nected transnational organized illegal activity occurring in 

23 priority regions and elsewhere, including big data analytics 

24 and machine learning. 


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1 Subtitle B—Establishment of Inter2 agency Working Group on IUU 

3 Fishing 

4 SEC. 221. INTERAGENCY WORKING GROUP ON IUU FISHING. 

5 (a) IN GENERAL.—There is established a collabo6 rative interagency working group on maritime security 

7 and IUU fishing (referred to in this title as the ‘‘Working 

8 Group’’). 

9 (b) MEMBERS.—The members of the Working Group 

10 shall be composed of— 

11 (1) 1 chair, who shall rotate between the Coast 

12 Guard, the Department of State, and the National 

13 Oceanographic and Atmospheric Administration on a 

14 3-year term; 

15 (2) 2 deputy chairs, who shall be appointed by 

16 their respective agency heads, from— 

17 (A) the Department of State; and 

18 (B) the National Oceanic and Atmospheric 

19 Administration; 

20 (3) 12 members, who shall be appointed by 

21 their respective agency heads, from— 

22 (A) the Department of Defense; 

23 (B) the United States Navy; 

24 (C) the United States Agency for Inter25 national Development; 


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1 (D) the United States Fish and Wildlife 

2 Service; 

3 (E) the Department of Justice; 

4 (F) the Department of the Treasury; 

5 (G) U.S. Customs and Border Protection; 

6 (H) U.S. Immigration and Customs En7 forcement; 

8 (I) the Federal Trade Commission; 

9 (J) the National Institute of Food and Ag10 riculture; 

11 (K) the Food and Drug Administration; 

12 and 

13 (L) the Department of Labor; 

14 (4) 1 or more members from the intelligence 

15 community, who shall be appointed by the Director 

16 of National Intelligence; and 

17 (5) 5 members, who shall be appointed by the 

18 President, from— 

19 (A) the National Security Council; 

20 (B) the Council on Environmental Quality; 

21 (C) the Office of Management and Budget; 

22 (D) the Office of Science and Technology 

23 Policy; and 

24 (E) the Office of the United States Trade 

25 Representative. 


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1 (c) RESPONSIBILITIES.—The Working Group shall 

2 ensure an integrated, Federal Governmentwide response 

3 to IUU fishing globally, including by— 

4 (1) improving the coordination of Federal agen5 cies to identify, interdict, investigate, prosecute, and 

6 dismantle IUU fishing operations and organizations 

7 perpetrating and knowingly benefiting from IUU 

8 fishing; 

9 (2) assessing areas for increased interagency in10 formation sharing on matters related to IUU fishing 

11 and related crimes; 

12 (3) establishing standards for information shar13 ing related to maritime enforcement; 

14 (4) developing a strategy to determine how mili15 tary assets and intelligence can contribute to en16 forcement strategies to combat IUU fishing; 

17 (5) increasing maritime domain awareness re18 lating to IUU fishing and related crimes and devel19 oping a strategy to leverage awareness for enhanced 

20 enforcement and prosecution actions against IUU 

21 fishing; 

22 (6) supporting the implementation of the Port 

23 State Measures Agreement in relevant countries and 

24 assessing the capacity and training needs in such 

25 countries; 


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1 (7) outlining a strategy to coordinate, increase, 

2 and use shiprider agreements between the Depart3 ment of Defense or the Coast Guard and relevant 

4 countries; 

5 (8) enhancing cooperation with partner govern6 ments to combat IUU fishing; 

7 (9) identifying opportunities for increased infor8 mation sharing between Federal agencies and part9 ner governments working to combat IUU fishing; 

10 (10) consulting and coordinating with the sea11 food industry and nongovernmental stakeholders 

12 that work to combat IUU fishing; 

13 (11) supporting the work of collaborative inter14 national initiatives to make available certified data 

15 from state authorities about vessel and vessel-related 

16 activities related to IUU fishing; 

17 (12) supporting the identification and certifi18 cation procedures to address IUU fishing in accord19 ance with the High Seas Driftnet Fishing Morato20 rium Protection Act (16 U.S.C. 1826d et seq.); and 

21 (13) developing a strategy for raising domestic 

22 awareness of the issues relating to IUU fishing, in23 cluding publishing annual reports summarizing non24 sensitive information about the Working Group’s efVerDate Sep 11 2014 03:38 May 23, 2019 Jkt 089200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\S1417.IS S1417

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1 forts to investigate, enforce, and prosecute groups 

2 and individuals engaging in IUU fishing. 

3 SEC. 222. STRATEGIC PLAN. 

4 (a) STRATEGIC PLAN.—Not later than 2 years after 

5 the date of the enactment of this title, the Working Group, 

6 after consultation with the relevant stakeholders, shall 

7 submit to Congress a 5-year integrated strategic plan on 

8 combating IUU fishing and enhancing maritime security, 

9 including specific strategies with monitoring benchmarks 

10 for addressing IUU fishing in priority regions. 

11 (b) IDENTIFICATION OF PRIORITY REGIONS AND

12 PRIORITY FLAG STATES.— 

13 (1) IN GENERAL.—The strategic plan submitted 

14 under subsection (a) shall identify priority regions 

15 and priority flag states to be the focus of assistance 

16 coordinated by the Working Group under section 

17 221. 

18 (2) PRIORITY REGION SELECTION CRITERIA.— 

19 In selecting priority regions under paragraph (1), 

20 the Working Group shall select regions that— 

21 (A) are at high risk for IUU fishing activ22 ity or the entry of illegally caught seafood into 

23 their markets; and 

24 (B) lack the capacity to fully address the 

25 issues described in subparagraph (A). 


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1 (3) PRIORITY FLAG STATES SELECTION CRI2 TERIA.—In selecting priority flag states under para3 graph (1), the Working Group shall select coun4 tries— 

5 (A) the flagged vessels of which actively 

6 engage in, knowingly profit from, or are 

7 complicit in IUU fishing; and 

8 (B) that lack the capacity to police their 

9 fleet. 

10 SEC. 223. REPORTS. 

11 Not later than 5 years after the submission of the 

12 5-year integrated strategic plan under section 222, and 

13 every 5 years thereafter, the Working Group shall submit 

14 a report to the Committee on Commerce, Science, and 

15 Transportation of the Senate, the Committee on Foreign 

16 Relations of the Senate, the Committee on Appropriations 

17 of the Senate, the Committee on Natural Resources of the 

18 House of Representatives, the Committee on Foreign Af19 fairs of the House of Representatives, and the Committee 

20 on Appropriations of the House of Representatives that 

21 contains— 

22 (1) a summary of global and regional trends in 

23 IUU fishing; 

24 (2) an assessment of the extent of the conver25 gence between transnational organized illegal activVerDate Sep 11 2014 03:38 May 23, 2019 Jkt 089200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S1417.IS S1417

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1 ity, including human trafficking and forced labor, 

2 and IUU fishing; 

3 (3) an assessment of the topics, data sources, 

4 and strategies that would benefit from increased in5 formation sharing and recommendations regarding 

6 harmonization of data collection and sharing; 

7 (4) an assessment of assets, including military 

8 assets and intelligence, which can be used for either 

9 enforcement operations or strategies to combat IUU 

10 fishing; 

11 (5) summaries of the situational threats with 

12 respect to IUU fishing in priority regions and an as13 sessment of the capacity of countries within such re14 gions to respond to those threats; 

15 (6) an assessment of the progress of countries 

16 in priority regions in responding to those threats as 

17 a result of assistance by the United States pursuant 

18 to the strategic plan developed under section 222, 

19 including— 

20 (A) the identification of— 

21 (i) relevant supply routes, ports of 

22 call, methods of landing and entering ille23 gally caught product into legal supply 

24 chains, and financial institutions used in 


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1 each country by participants engaging in 

2 IUU fishing; and 

3 (ii) indicators of IUU fishing that are 

4 related to money laundering; 

5 (B) an assessment of the adherence of 

6 countries in priority regions to international 

7 treaties related to IUU fishing, including the 

8 Port State Measures Agreement; 

9 (C) an assessment of the implementation 

10 by countries in priority regions of seafood 

11 traceability or capacity to apply traceability to 

12 verify the legality of catch and strengthen fish13 eries management; 

14 (D) an assessment of the capacity of coun15 tries in priority regions to implement shiprider 

16 agreements; 

17 (E) an assessment of the capacity of coun18 tries in priority regions to increase maritime 

19 domain awareness; and 

20 (F) an assessment of the capacity of gov21 ernments of relevant countries in priority re22 gions to sustain the programs for which the 

23 United States has provided assistance under 

24 this title; 


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1 (7) an assessment of the capacity of priority 

2 flag states to track the movement of and police their 

3 fleet, prevent their flagged vessels from engaging in 

4 IUU fishing, and enforce applicable laws and regula5 tions; and 

6 (8) an assessment of the extent of involvement 

7 in IUU fishing of organizations designated as for8 eign terrorist organizations under section 219 of the 

9 Immigration and Nationality Act (8 U.S.C. 1189). 

10 SEC. 224. GULF OF MEXICO IUU FISHING SUBWORKING 

11 GROUP. 

12 (a) IN GENERAL.—Not later than 90 days after the 

13 date of the enactment of this title, the Administrator of 

14 the National Oceanic and Atmospheric Administration, in 

15 coordination with the Coast Guard and the Department 

16 of State, shall establish a subworking group to address 

17 IUU fishing in the exclusive economic zone of the United 

18 States in the Gulf of Mexico. 

19 (b) FUNCTIONS.—The subworking group established 

20 under subsection (a) shall identify— 

21 (1) Federal actions taken and policies estab22 lished during the 5-year period immediately pre23 ceding the date of the enactment of this title with 

24 respect to IUU fishing in the exclusive economic 


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1 zone of the United States in the Gulf of Mexico, in2 cluding such actions and policies related to— 

3 (A) the surveillance, interdiction, and pros4 ecution of any foreign nationals engaged in 

5 such fishing; and 

6 (B) the application of the provisions of the 

7 High Seas Driftnet Fishing Moratorium Protec8 tion Act (16 U.S.C. 1826d et seq.) to any rel9 evant nation, including the status of any past 

10 or ongoing consultations and certification proce11 dures; 

12 (2) actions and policies, in addition to the ac13 tions and policies described in paragraph (1), each 

14 of the Federal agencies described in subsection (a) 

15 can take, using existing resources, to combat IUU 

16 fishing in the exclusive economic zone of the United 

17 States in the Gulf of Mexico; and 

18 (3) any additional authorities that could assist 

19 each such agency in more effectively addressing such 

20 IUU fishing. 

21 (c) REPORT.—Not later than 1 year after the IUU 

22 Fishing Subworking Group is established under subsection 

23 (a), the group shall submit a report to the Committee on 

24 Commerce, Science, and Transportation of the Senate and 


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1 the Committee on Natural Resources of the House of Rep2 resentatives that contains— 

3 (1) the findings identified pursuant to sub4 section (b); and 

5 (2) a timeline for each of the Federal agencies 

6 described in subsection (a) to implement each action 

7 or policy identified pursuant to subsection (b)(2). 

8 Subtitle C—Authorization of 

9 Appropriations 

10 SEC. 231. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated such sums 

12 as may be necessary to carry out the activities required 

13 under this title. 

Æ 


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