pay, in addition to such amount and interest, attor-
ney’s fees and costs for collection proceedings and a 
quarterly nonpayment penalty for each quarter dur-
ing which such failure to pay persists. Such non-
payment penalty shall be in an amount equal to 20 
percent of the aggregate amount of such person’s 
penalties and nonpayment penalties that are unpaid 
as of the beginning of such quarter. 
(4) PERMIT SANCTIONS.— 
(A) IN
GENERAL.—With respect to any 
case in which an offshore aquaculture facility, 
associated onshore facility, vessel, or other con-
veyance was used in the commission of an act 
prohibited under section 408, the owner or op-
erator of an offshore aquaculture facility, asso-
ciated onshore facility, vessel, or other convey-
ance (or any other person who has been issued 
or has applied for a permit under this Act), has 
acted in violation of section 408, or any civil 
penalty, criminal fine, or amount in settlement 
of a civil forfeiture imposed under this Act on 
a person, offshore aquaculture facility, associ-
ated onshore facility, vessel, or other convey-
ance that has been issued or has applied for a 
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permit under this Act has not been paid and is 
overdue, the Secretary may— 
(i) revoke any permit issued with re-
spect to such person, offshore aquaculture 
facility, associated onshore facility, vessel, 
other conveyance, with or without preju-
dice to the issuance of subsequent permits; 
(ii) suspend such permit for a period 
of time considered by the Secretary to be 
appropriate; 
(iii) deny such permit; or 
(iv) impose additional conditions and 
restrictions on such permit. 
(B) CONSIDERATIONS.—In imposing a 
sanction under this paragraph, the Secretary 
shall take into account the nature, cir-
cumstances, extent, and gravity of the prohib-
ited acts for which the sanction is imposed and, 
with respect to the violator, the degree of culpa-
bility, any history of prior offenses, and such 
other matters as justice may require. 
(C) EFFECT
OF
TRANSFER
OF
OWNER-
SHIP.—Transfer of ownership of an offshore 
aquaculture facility, associated onshore facility, 
vessel, or other conveyance, by sale or other-
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wise, shall not extinguish any permit sanction 
that is in effect or is pending at the time of 
transfer of ownership. Before executing the 
transfer of ownership of a facility or convey-
ance, by sale or otherwise, the owner shall dis-
close in writing to the prospective transferee the 
existence of any permit sanction that will be in 
effect or pending with respect to the facility or 
conveyance at the time of the transfer. 
(D) PAYMENT OF PENALTY OR FINE.—In 
the case of any permit that is suspended under 
this paragraph for nonpayment of a civil pen-
alty or criminal fine, the Secretary shall rein-
state the permit upon payment of the penalty 
or fine and interest thereon at the prevailing 
rate. 
(E) HEARING.—No sanction shall be im-
posed under this paragraph unless there has 
been a prior opportunity for a hearing on the 
facts underlying the violation for which the 
sanction is imposed, either in conjunction with 
a civil penalty proceeding under this section or 
otherwise. 
(5) REVIEW OF CIVIL PENALTY.—Any person 
against whom a civil penalty is assessed under this 
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subsection or against whom a permit sanction is im-
posed under this subsection (other than a permit 
suspension for nonpayment of penalty or fine) may 
obtain review thereof in the United States district 
court for the appropriate district by filing a com-
plaint against the Secretary in such court within 30 
days from the date of such order that constitutes a 
final agency action. The Secretary shall promptly 
file in such court a certified copy of the record upon 
which such violation was found or such penalty im-
posed, as provided in section 2112 of title 28, 
United States Code. The findings and order of the 
Secretary shall be set aside by such court if they are 
not found to be supported by substantial evidence, 
as provided in section 706(2) of title 5, United 
States Code. 
(6) INJUNCTIVE RELIEF.—Upon the request of 
the Secretary, the Attorney General of the United 
States may commence a civil action for appropriate 
relief, including a permanent or temporary injunc-
tion, for any violation of this Act (including regula-
tions). 
(g) FORFEITURE.— 
(1) CRIMINAL FORFEITURE.— 
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(A) IN GENERAL.—A person who is con-
victed of an offense in violation of this Act shall 
forfeit to the United States— 
(i) any property, real or personal, con-
stituting or traceable to the gross proceeds 
taken, obtained, or retained, in connection 
with or as a result of the offense, includ-
ing, without limitation, any fish (or the 
fair market value thereof); and 
(ii) any property, real or personal, 
used or intended to be used, in any man-
ner, to commit or facilitate the commission 
of the offense, including, without limita-
tion, any vessel (including the vessel’s 
equipment, stores, catch and cargo), vehi-
cle, aircraft, or other means of transpor-
tation. 
(B) APPLICABILITY OF CONTROLLED SUB-
STANCES ACT.—Pursuant to section 2461(c) of 
title 28, United States Code, the provisions of 
section 413 of the Controlled Substances Act 
(21 U.S.C. 853) other than subsection (d) 
thereof shall apply to criminal forfeitures under 
this section. 
(2) CIVIL FORFEITURE.— 
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(A) IN GENERAL.—The property set forth 
below shall be subject to administrative or judi-
cial forfeiture to the United States in accord-
ance with the provisions of chapter 46 of title 
18, United States Code, and no property right 
shall exist in it: 
(i) Any property, real or personal, 
constituting or traceable to the gross pro-
ceeds taken, obtained, or retained, in con-
nection with or as a result of a violation of 
this Act, including, without limitation, any 
fish (or the fair market value thereof). 
(ii) Any property, real or personal, 
used or intended to be used, in any man-
ner, to commit or facilitate the commission 
of a violation of this Act, including, with-
out limitation, any vessel (including the 
vessel’s equipment, stores, catch and 
cargo), vehicle, aircraft, or other means of 
transportation. 
(B) 
APPLICATION
OF
THE
CUSTOMS 
LAWS.—All provisions of law relating to seizure, 
summary judgment, and forfeiture and con-
demnation for violation of the customs laws, the 
disposition of the property forfeited or con-
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demned or the proceeds from the sale thereof, 
the remission or mitigation of such forfeitures, 
and the compromise of claims shall apply to sei-
zures and forfeitures incurred, or alleged to 
have been incurred, under the provisions of this 
Act, insofar as applicable and not inconsistent 
with the provisions hereof. For seizures and for-
feitures of property under this section by the 
Secretary, such duties as are imposed upon the 
customs officer or any other person with respect 
to the seizure and forfeiture of property under 
the customs law may be performed by such offi-
cers as are designated by the Secretary or, 
upon request of the Secretary, by any other 
agency that has authority to manage and dis-
pose of seized property. 
(C) PRESUMPTION.—For the purposes of 
this section there is a rebuttable presumption 
that all fish, or components thereof, found in an 
offshore aquaculture facility or on board a ves-
sel a vessel or other conveyance that is used or 
seized in connection with a violation of this Act 
were produced, taken, obtained, transported, or 
retained in violation of this Act. 
(h) CRIMINAL ENFORCEMENT.— 
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(1) IMPRISONMENT.—Any person (other than a 
foreign government agency, or entity wholly owned 
and controlled by a foreign government) who know-
ingly commits any act prohibited under section 408 
shall be imprisoned for not more than 5 years or 
fined not more than $500,000 for individuals or 
$1,000,000 for an organization, or both, except that, 
if in the commission of any such offense the indi-
vidual uses a dangerous weapon, engages in conduct 
that causes bodily injury to any officer authorized to 
enforce the provisions of this Act, or places any such 
officer in fear of imminent bodily injury, the max-
imum term of imprisonment is not more than 10 
years. 
(2) FINE
AND
IMPRISONMENT.—Any person 
(other than a foreign government agency, or entity 
wholly owned and controlled by a foreign govern-
ment) who violates a provision under section 408 
and who, in the exercise of due care should know 
that such person’s conduct violates such provision, 
shall be fined under title 18, United States Code, or 
imprisoned not more than one year, or both. 
(i) JOINT ENFORCEMENT AGREEMENTS.— 
(1) IN GENERAL.—The Governor of an eligible 
State may apply to the Secretary for execution of a 
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joint enforcement agreement with the Secretary that 
will authorize the deputization and funding of State 
law enforcement officers with marine law enforce-
ment responsibilities to perform duties of the Sec-
retary relating to law enforcement provisions under 
this title or any other marine resource law enforced 
by the Secretary. Upon receiving an application 
meeting the requirements of this subsection, the Sec-
retary may enter into a joint enforcement agreement 
with the requesting State. 
(2) ELIGIBLE STATE.—A State is eligible to 
participate in the cooperative enforcement agree-
ments under this section if it is in, or bordering on, 
the Atlantic Ocean (including the Caribbean Sea), 
the Pacific Ocean, the Arctic Ocean, the Gulf of 
Mexico, Long Island Sound, or 1 or more of the 
Great Lakes. 
(3) REQUIREMENTS.—Joint enforcement agree-
ments executed under paragraph (1)— 
(A) shall be consistent with the purposes 
and intent of this section to the extent applica-
ble to the regulated activities; 
(B) may include specifications for joint 
management responsibilities as provided by the 
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first section of Public Law 91–412 (15 U.S.C. 
1525); and 
(C) shall provide for confidentiality of data 
and information submitted to the State under 
this Act. 
(4) ALLOCATION
OF
FUNDS.—The Secretary 
shall include in each joint enforcement agreement an 
allocation of funds to assist in management of the 
agreement. The allocation shall be fairly distributed 
among all eligible States participating in cooperative 
enforcement agreements under this subsection, based 
upon consideration of Federal marine enforcement 
needs, the specific marine conservation enforcement 
needs of each participating eligible State, and the 
capacity of the State to undertake the marine en-
forcement mission and assist with enforcement 
needs. The agreement may provide for amounts to 
be withheld by the Secretary for the cost of any 
technical or other assistance provided to the State 
by the Secretary under the agreement. 
SEC. 410. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary for the purpose of carrying out this title— 
(1) $60,000,000 for fiscal year 2020; 
(2) $65,000,000 for fiscal year 2021; 
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(3) $70,000,000 for fiscal year 2022; 
(4) $75,000,000 for fiscal year 2023; and 
(5) $80,000,000 for fiscal year 2024. 
TITLE V—RESEARCH AND 
DEVELOPMENT 
SEC. 501. RESEARCH AND DEVELOPMENT GRANT PRO-
GRAMS. 
Subtitle L of the National Agricultural Research, Ex-
tension, and Teaching Act of 1977 (7 U.S.C. 3321 et seq.) 
is amended by inserting after section 1475 (7 U.S.C. 
3322) the following: 
‘‘SEC. 1476. RESEARCH AND EXTENSION PROGRAM. 
‘‘(a) AQUACULTURE RESEARCH AND EXTENSION.— 
The Secretary shall establish, in consultation with the Sec-
retary of Commerce and other applicable Federal agencies, 
coastal States, Tribal governments, Regional Fishery 
Management Councils, academic institutions, and inter-
ested stakeholders, a research and development grant pro-
gram for purposes of— 
‘‘(1) creating innovative design and engineering 
solutions to common obstacles within the aqua-
culture industry; 
‘‘(2) enabling the transition of innovative aqua-
culture technologies, including technologies focused 
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on the commercialization of high-value marine spe-
cies, from laboratory studies to commercial use; 
‘‘(3) evaluating the role of genetics in relation 
to brood stock production, disease management, and 
interactions between cultured species and wild 
stocks; 
‘‘(4) advancing research into the management, 
mitigation, and prevention of cultured species dis-
eases; 
‘‘(5) developing cost-effective feeds to optimize 
the use of wild fish, fish oil, plants, and sources of 
protein and lipids in aquaculture feeds and maintain 
the human health benefits of cultured seafood; 
‘‘(6) improving techniques for monitoring, as-
sessing, and addressing environmental impacts of 
aquaculture and develop and evaluate methodologies 
to prevent, minimize, and mitigate potential adverse 
environmental impacts; 
‘‘(7) evaluating the potential for aquaculture to 
serve as a tool for environmental management, in-
cluding connections to water quality, watershed 
management, and fishery conservation and manage-
ment; 
‘‘(8) evaluating the potential impact of offshore 
aquaculture on the economies of coastal commu-
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nities, particularly those dependent on traditional 
fishery resources; 
‘‘(9) identifying barriers to entry in the offshore 
aquaculture industry and propose solutions to over-
come them; 
‘‘(10) studying the traditional aquaculture 
methods and practices of Native Americans, Alaska 
Natives, and Native Hawaiians to evaluate economic, 
environmental, and sociological impacts; and 
‘‘(11) investigating other priority issues identi-
fied by the Secretary. 
‘‘(b) PRIORITY.—In making grants under this sec-
tion, the Secretary shall give priority to— 
‘‘(1) 1890 Institutions (as defined in section 2 
of the Agricultural Research, Extension, and Edu-
cation Reform Act of 1998 (7 U.S.C. 7601)); 
‘‘(2) 1994 Institutions (as defined in section 
532 of the Equity in Educational Land-Grant Sta-
tus Act of 1994 (7 U.S.C. 301 note; Public Law 
103–382)); and 
‘‘(3) Hispanic-serving institutions (as defined in 
section 1404 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3103)). 
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‘‘(c) COORDINATION WITH OTHER FEDERAL PRO-
GRAMS.—The Secretary shall— 
‘‘(1) coordinate aquaculture research and devel-
opment grants with other Federal programs that 
provide grant funding for purposes similar to those 
under subsection (a); and 
‘‘(2) coordinate the research and development 
grant program established in this section with the 
interagency aquaculture coordinating group estab-
lished under section 6 of the National Aquaculture 
Act of 1980 (16 U.S.C. 2805) and with the research 
and development conducted through the Cooperative 
Extension System of the Department of Agriculture. 
‘‘(d) COOPERATIVE RESEARCH AGREEMENT.—To 
carry out this section, the Secretary may enter into a coop-
erative agreement with a State, institution of higher edu-
cation, or other private institution or research center. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated such sums as may be nec-
essary to carry out this section for the period of fiscal 
years 2021 through 2025.’’. 
Æ 
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