Illegal Fishing and Forced Labor Prevention Act
Bill: H.R.3075 | Sponsor: Rep. Huffman, Jared (D-CA)
Policy area: Public Lands and Natural Resources

Summary:
Illegal Fishing and Forced Labor Prevention Act
This bill sets forth and revises federal law concerning activities to combat human trafficking and illegal, unreported, or unregulated fishing in the seafood industry.
The National Oceanic and Atmospheric Administration (NOAA) shall expand the Seafood Import Monitoring Program to apply to all seafood and seafood products imported into the United States.
The Departments of Commerce, Homeland Security, Labor, and Health and Human Services must jointly execute a memorandum of understanding to codify and improve interagency cooperation on seafood safety, preventing illegal, unreported, or unregulated fishing and human trafficking, including forced labor, and seafood fraud prevention, enforcement, and inspections.
NOAA shall engage with each flag, coastal, port, and market nation that exports seafood to the United States to collect information sufficient to evaluate the effectiveness of such nation's management of fisheries and control systems to prevent illegal, unreported, or unregulated fishing.

To address seafood slavery and combat illegal, unreported, or 
              unregulated fishing, and for other purposes.


 


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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Illegal Fishing and Forced Labor 
Prevention Act''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Oppressive child labor.--The term ``oppressive child 
        labor'' has the meaning given such term in section 3 of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 203).
            (2) Forced labor.--The term ``forced labor'' means any 
        labor or service provided for or obtained by any means 
        described in section 1589(a) of title 18, United States Code.
            (3) Human trafficking.--The term ``human trafficking'' has 
        the meaning given the term ``severe forms of trafficking in 
        persons'' in section 103 of the Trafficking Victims Protection 
        Act of 2000 (22 U.S.C. 7102).
            (4) Illegal, unreported, or unregulated fishing.--The term 
        ``illegal, unreported, or unregulated fishing'' has the meaning 
        given such term in section 609 of the High Seas Driftnet 
        Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)), as 
        amended by this Act.
            (5) Seafood.--The term ``seafood'' means fish meal, and all 
        marine animal and plant life meant for consumption as food 
        other than marine mammals and birds, including fish, shellfish, 
        shellfish products, and processed fish.
            (6) Seafood fraud.--The term ``seafood fraud'' means the 
        mislabeling or misrepresentation of the information required 
        under this Act or other any other Federal law or international 
        agreement (other than this Act) pertaining to the import, 
        export, transport, sale, harvest, processing, or trade of 
        seafood, including--
                    (A) the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.);
                    (B) the Lacey Act Amendments of 1981 (16 U.S.C. 
                3371 et seq.);
                    (C) the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 301 et seq.);
                    (D) the FDA Food Safety Modernization Act (Public 
                Law 111-353);
                    (E) the Fair Packaging and Labeling Act (15 U.S.C. 
                1451 et seq.);
                    (F) subtitle D of the Agricultural Marketing Act of 
                1946 (7 U.S.C. 1638 et seq.);
                    (G) parts 60 and 65 of title 7, Code of Federal 
                Regulations (or any successor regulations);
                    (H) part 123 of title 21, Code of Federal 
                Regulations (or any successor regulations); and
                    (I) section 216.24 of title 50, Code of Federal 
                Regulations.
            (7) Seafood import monitoring program.--The term ``Seafood 
        Import Monitoring Program'' means the Seafood Traceability 
        Program established under section 300.324 of title 50, Code of 
        Federal Regulations.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Administrator of the National 
        Oceanic and Atmospheric Administration.

 TITLE I--COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT MONITORING

SEC. 101. DEFINITIONS.

    In this title, the following additional definitions apply:
            (1) Competent authority.--The term ``competent authority'' 
        means government and any third party that meets certain 
        governing criteria. Such criteria shall be established by 
        regulation, after outreach to key environmental and labor 
        stakeholders.
            (2) Unique vessel identifier.--The term ``unique vessel 
        identifier'' means a unique number that stays with a vessel for 
        the duration of the vessel's life, regardless of changes in 
        flag, ownership, name, or other changes to the vessel.

SEC. 102. EXPANSION OF SEAFOOD IMPORT MONITORING PROGRAM TO ALL 
              SPECIES.

    The Secretary shall, not later than 2 years after the date of 
enactment of this Act, expand the Seafood Import Monitoring Program to 
apply to all seafood and seafood products imported into the United 
States.

SEC. 103. ENHANCEMENT OF SEAFOOD IMPORT MONITORING PROGRAM AUTOMATED 
              COMMERCIAL ENVIRONMENT MESSAGE SET.

    The Secretary of Commerce, acting through the Administrator of the 
National Oceanic and Atmospheric Administration, in coordination with 
the Commissioner of U.S. Customs and Border Protection, shall, not 
later than 6 months after the date of enactment of this Act, develop a 
strategy to improve the quality and verifiability of already collected 
Seafood Import Monitoring Program Message Set data elements in the 
Automated Commercial Environment system that prioritizes the use of 
enumerated data types, such as checkboxes, dropdown menus, or radio 
buttons, and any additional elements the Agency finds necessary, among 
other options, rather than open text fields, for--
            (1) authorization to fish;
            (2) unique vessel identifier (if available);
            (3) catch document identifier;
            (4) location of wild-capture harvest and landing or 
        aquaculture location;
            (5) type of fishing gear used to harvest the fish;
            (6) name of farm or aquaculture facility, if applicable; 
        and
            (7) location of aquaculture facility, if applicable.

SEC. 104. ADDITIONAL DATA REQUIREMENTS FOR SEAFOOD IMPORT MONITORING 
              PROGRAM DATA COLLECTION.

    (a) In General.--Not later than one year after date of enactment of 
this Act, the Secretary shall revise section 300.324 of title 50, Code 
of Federal Regulations, to--
            (1) require at the time of entry for imported seafood and 
        seafood products--
                    (A) location of catch or cultivation, including--
                            (i) geographic location at a resolution of 
                        not less than 1 degree latitude by 1 degree 
                        longitude;
                            (ii) the country code of the International 
                        Organization for Standardization if the catch 
                        was within the exclusive economic zone or 
                        territorial waters of a country;
                            (iii) if appropriate, the regional 
                        fisheries management organization or 
                        organizations having jurisdiction over the 
                        catch, if it occurs within the jurisdiction of 
                        any regional fisheries management organization; 
                        and
                            (iv) the Food and Agriculture Organization 
                        major fishing area codes;
                    (B) electronic reports of chain-of-custody records 
                that identify, including with unique vessel identifiers 
                when applicable, each custodian of the seafood, 
                including transshippers, processors, storage 
                facilities, and distributors and the physical address 
                of such facilities;
                    (C) maritime mobile service identity number of 
                harvesting and transshipment vessels; and
                    (D) beneficial owner of each harvesting and 
                transshipment vessel or aquaculture facility, when 
                applicable;
            (2) require all importers submitting seafood import data to 
        require prior notification and submission of seafood import 
        data at least 72 hours and no more than 15 days prior to entry; 
        and
            (3) require verification and certification of harvest 
        information by competent authorities at all major transfer 
        points in the supply chain, including harvest, landing, 
        processing, and transshipment at the time of entry.
    (b) Forced Labor.--The Secretary, working in direct consultation 
with the Secretary of Homeland Security, Department of Labor, and 
Department of State, shall, not later than one year after the date of 
enactment of this Act, complete a regulatory process to establish 
additional key data elements for the Seafood Import Monitoring Program, 
that collect information about labor conditions in the harvest, 
transshipment, and processing of imported fish and fish products.
    (c) International Fisheries Trade Permit.--Not later than one year 
after the date of enactment of this Act, the Secretary shall--
            (1) publish and maintain on the website of the National 
        Marine Fisheries Service a list of all current International 
        Fisheries Trade Permit holders, including the name of the 
        permit holder and expiration date of the permit;
            (2) begin to revoke, modify, or deny issuance of an 
        International Fisheries Trade with respect to a permit holder 
        or applicant that has violated any requirement of section 
        300.322, 300.323, 300.324, or 300.325 of title 50, Code of 
        Federal Regulations; and
            (3) require an International Fisheries Trade Permit for 
        importers.

SEC. 105. EFFORTS TO IMPROVE DETECTION OF AT-RISK SEAFOOD IMPORTS.

    The Secretary of Commerce, in consultation with the Secretary of 
Homeland Security, Secretary of Labor, and the Secretary of State, 
shall, not later than one year after the date of enactment of this Act, 
finalize a detailed strategic plan to develop, mature, and adopt 
artificial intelligence and machine learning technologies to detect 
imports of fish and fish products at risk of being associated with 
illegal, unreported, or unregulated fishing, human trafficking, forced 
labor, and seafood fraud, and provide a detailed report of such 
strategic plan to the Committee on Natural Resources of the House of 
Representatives, and Committee on Commerce of the Senate.

SEC. 106. IMPORT AUDITS.

    (a) Audit Procedures.--The Secretary shall, not later than 1 year 
after the date of enactment of this Act, implement procedures to audit 
information and supporting records of sufficient numbers of imports of 
seafood and seafood products subject to the Seafood Import Monitoring 
Program to support statistically robust conclusions that the samples 
audited are representative of all seafood imports with respect to a 
given year.
    (b) Annual Revision.--In developing the procedures required in 
subsection (a), the Secretary shall, not less frequently than once each 
year, revise such procedures to prioritize for audit those imports 
originating from countries--
            (1) identified pursuant to sections 609(b) or 610(a) of the 
        High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
        1826j(b) or 1826k(a)) that have not yet received a subsequent 
        positive certification pursuant to sections 609(d) or 610(c) of 
        such Act, respectively;
            (2) identified by an appropriate regional fishery 
        management organization as being the flag state or landing 
        location of vessels identified by other countries or regional 
        fisheries management organizations as engaging in illegal, 
        unreported, or unregulated fishing;
            (3) identified as having human trafficking, including 
        forced labor, in any part of the seafood supply chain, 
        including on vessels flagged in such country and including feed 
        for cultured production, in the most recent Trafficking in 
        Persons Report issued by the Department of State in accordance 
        with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
        7101 et seq.);
            (4) identified as producing goods that contain seafood 
        using forced labor or oppressive child labor in the most recent 
        List of Goods Produced by Child Labor or Forced Labor in 
        accordance with the Trafficking Victims Protection Act (22 
        U.S.C. 7101 et seq.); and
            (5) identified as at risk for human trafficking, including 
        forced labor, in their seafood catching and processing 
        industries by the report required in section 3563 of the 
        National Defense Authorization Act for Fiscal Year 2020 (Public 
        Law 116-92).

SEC. 107. INTERAGENCY COORDINATION.

    The Secretary shall coordinate with the relevant agencies to ensure 
that data elements described in this title can be submitted through the 
International Trade Data System Automated Commercial Environment to 
U.S. Customs and Border Protection.

SEC. 108. AVAILABILITY OF FISHERIES INFORMATION.

    (a) In General.--Section 402(b)(1) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1881a(b)(1)) is amended by 
striking ``or'' after the semicolon at the end of subparagraph (G), by 
striking the period at the end of subparagraph (H) and inserting ``; 
or'' , and by adding at the end the following:
                    ``(I) to Federal agencies responsible for screening 
                of imported seafood and for the purpose of carrying out 
                the duties under or with respect to--
                            ``(i) the Seafood Import Monitoring 
                        Program;
                            ``(ii) the Antarctic Marine Living 
                        Resources Program;
                            ``(iii) the Tuna Tracking and Verification 
                        Program;
                            ``(iv) the Atlantic Highly Migratory 
                        Species International Trade Program;
                            ``(v) the List of Goods Produced by Child 
                        Labor or Forced Labor in accordance with the 
                        Trafficking Victims Protection Act of 2000 (22 
                        U.S.C. 7101 et seq.);
                            ``(vi) the Trafficking in Persons Report 
                        required by section 110 of the Trafficking 
                        Victims Protection Act of 2000 (22 U.S.C. 
                        7107);
                            ``(vii) enforcement activities and 
                        regulations authorized under section 307 of the 
                        Tariff Act of 1930 (19 U.S.C. 1307); and
                            ``(viii) the taking and related acts in 
                        commercial fishing operations under section 
                        216.24 of title 50, Code of Federal 
                        Regulations;
                    ``(J) to Federal, State and local agencies for the 
                purposes of verification and enforcement of title II of 
                this Act; or
                    ``(K) information that pertains to catch 
                documentation and legality of catch, if disclosure of 
                that information would not materially damage the value 
                of catch or business.''.
    (b) Implementation Deadline.--Not later than 1 year after the date 
of enactment of this Act, the Secretary shall issue regulations 
implementing the amendments in this section.

SEC. 109. REPORT ON SEAFOOD IMPORT MONITORING.

    (a) Report to Congress and Public Availability of Reports.--The 
Secretary shall, not later than 120 days after the end of each fiscal 
year and annually thereafter, submit to the Committee on Natural 
Resources of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report that 
summarizes the National Marine Fisheries Service's efforts to prevent 
the importation of seafood harvested through illegal, unreported, or 
unregulated fishing, particularly with respect to seafood harvested, 
produced, processed, or manufactured by forced labor. Each such report 
shall be made publicly available on the Internet website of the 
National Oceanic and Atmospheric Administration.
    (b) Contents.--Each report submitted under subsection (a) shall 
include--
            (1) the volume and value of seafood species subject to the 
        Seafood Import Monitoring Program, described in section 300.324 
        of title 50, Code of Federal Regulations, reported by 10-digit 
        Harmonized Tariff Schedule of the United States codes, imported 
        during the previous fiscal year;
            (2) the enforcement activities and priorities of the 
        National Marine Fisheries Service with respect to implementing 
        the requirements under the Seafood Import Monitoring Program;
            (3) the percentage of import shipments subject to this 
        program selected for inspection or the information or records 
        supporting entry selected for audit, as described in section 
        300.324(d) of title 50, Code of Federal Regulations;
            (4) the number and types of instances of noncompliance with 
        the requirements of the Seafood Import Monitoring Program;
            (5) the number and types of instances of violations of 
        State or Federal law discovered through the Seafood Import 
        Monitoring Program;
            (6) the seafood species with respect to which violations 
        described in paragraphs (4) and (5) were most prevalent;
            (7) the location of catch or harvest with respect to which 
        violations described in paragraphs (4) and (5) were most 
        prevalent; and
            (8) such other information as the Secretary considers 
        appropriate with respect to monitoring and enforcing compliance 
        with the Seafood Import Monitoring Program.

SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Commissioner of U.S. 
Customs and Border Protection to carry out enforcement actions pursuant 
to section 307 of the Tariff Act $20,000,000 for each of fiscal years 
2021 through 2025 for enforcement of section 307 of the Tariff Act of 
1930 (19 U.S.C. 1307).

              TITLE II--SEAFOOD TRACEABILITY AND LABELING

SEC. 201. FEDERAL ACTIVITIES ON SEAFOOD SAFETY AND FRAUD.

    (a) National Sea Grant College Program.--The Administrator of the 
National Oceanic and Atmospheric Administration shall ensure that 
seafood inspection activities are coordinated with the National Sea 
Grant College Program established by the National Sea Grant College and 
Program Act of 1966 (33 U.S.C. 1121 et seq.) which may provide outreach 
to the States, local health agencies, consumers, and the seafood 
industry on seafood safety and seafood fraud, as needed.
    (b) Inspecting To Prevent Seafood Fraud.--The Secretary of Commerce 
and the Secretary of Health and Human Services, in coordination with 
the Secretary of Homeland Security, shall, to the maximum extent 
practicable, ensure that inspections and tests for seafood safety also 
collect information for seafood fraud prevention.

SEC. 202. SEAFOOD LABELING AND IDENTIFICATION.

    (a) In General.--The Secretary, in coordination with other relevant 
agencies shall, not later than three years after the date of enactment 
of this Act, implement the following requirements with respect to fish 
and fish products imported into the United States or otherwise 
distributed or offered for sale in interstate commerce:
            (1) Traceability.--A requirement that the following 
        information shall accompany seafood through processing and 
        distribution:
                    (A) The United Nations Food and Agriculture 
                Organization Major Fishing Area, or a more specific 
                location, in which the seafood was caught or 
                cultivated.
                    (B) The acceptable market name (as determined by 
                the Food and Drug Administration), scientific name, and 
                specific Aquatic Sciences and Fisheries Information 
                System number of the Fisheries and Aquaculture 
                Statistics Information Service of the United Nations 
                Food and Agriculture Organization for the seafood 
                species.
                    (C) Whether the seafood was harvested wild or was 
                farm-raised.
                    (D) The method of harvest of the seafood, including 
                gear type as listed in section 600.725 of title 50, 
                Code of Federal Regulations, or successor regulation, 
                and defined in section 600.10 of such title, or 
                successor regulation.
                    (E) The date of the catch or harvest.
                    (F) The weight or number, as appropriate, of 
                product for an individual fish or lot.
                    (G) Date and name of entity (processor, dealer, 
                vessel) to which the seafood was landed.
                    (H) Name and flag state of vessel and evidence of 
                authorization, and if applicable, a unique vessel 
                identifier.
                    (I) Name and location of the facility from which 
                farm-raised seafood were harvested, the method of 
                cultivation, source and type of feed, and evidence of 
                authorization.
                    (J) The National Oceanic and Atmospheric 
                Administration Fisheries International Fisheries Trade 
                Permit number issued to the importer of record for the 
                entry, if applicable.
            (2) Labeling.--The following information shall be included 
        in the labeling of seafood through processing, distribution, 
        and final sale:
                    (A) The information required in subparagraphs (A), 
                (B), (C), and (D) of paragraph (1).
                    (B) Whether the seafood has been previously frozen 
                or treated with any substance other than ice or water.
                    (C) Whether the seafood was farm-raised along with 
                information regarding the country of cultivation, the 
                location of the aquaculture production area, and the 
                method of cultivation.
    (b) Production Codes.--The Secretary shall allow compliance with 
subsection (a) through the use of production codes, quick response 
codes, or other types of commonly used processing codes and electronic 
bar coding methods.
    (c) Safe Harbor.--No importer, processor, distributor, or retailer 
may be found to be in violation of the requirements of this section for 
unknowingly selling a product that was already mislabeled upon receipt, 
provided that the importer, processor, distributor, or retailer can 
provide the required product traceability documentation.

SEC. 203. FEDERAL ENFORCEMENT.

    (a) Enforcement by Secretary.--The Secretary of Commerce shall 
prevent any person from violating this Act in the same manner, by the 
same means, and with the same jurisdiction, powers, and duties as 
though section 307 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1857) was incorporated into and made a part 
of and applicable to this Act.
    (b) List of Offenders.--The Secretary of Commerce, in consultation 
with the Secretary of Health and Human Services, shall develop, 
maintain, and post on the public website of the Department of Commerce 
a list that--
            (1) includes, by country, each exporter whose seafood is 
        imported or offered for import into the United States; and
            (2) for each such exporter, tracks the timing, type, and 
        frequency of violations of Federal law relating to seafood 
        fraud and illegal, unreported, or unregulated fishing.
    (c) Inspections.--The Secretary of Commerce, in consultation with 
the Secretary of Health and Human Services, shall--
            (1) increase, as resources allow, the number of foreign and 
        domestic seafood shipments that are audited or inspected for 
        seafood fraud and illegal, unreported, or unregulated fishing 
        by National Oceanic and Atmospheric Administration auditors and 
        authorized officers, including verification of compliance with 
        the traceability requirements of section 104(a);
            (2) conduct audits and inspections, as resources allow, at 
        a sufficient level to promote compliance and deterrence; and
            (3) to the maximum extent practicable, ensure that 
        inspections and tests for seafood fraud prevention also collect 
        information to support the Secretary of Health and Human 
        Services in implementing the seafood safety requirements of the 
        FDA Food Safety Modernization Act (Public Law 111-353).
    (d) Interagency Agreement.--
            (1) Memorandum of understanding required.--Not later than 
        one year after the date of enactment of this Act, the Secretary 
        of Commerce, the Secretary of Homeland Security, the Secretary 
        of Labor, and the Secretary of Health and Human Services shall 
        jointly execute a memorandum of understanding to codify and 
        improve interagency cooperation on seafood safety, preventing 
        illegal, unreported, or unregulated fishing and human 
        trafficking, including forced labor, and seafood fraud 
        prevention, enforcement, and inspections.
            (2) Requirements.--The memorandum of understanding required 
        by paragraph (1) shall include provisions, performance metrics, 
        and timelines as the Secretaries consider appropriate to 
        improve such cooperation described in such paragraph (acting 
        under provisions of law other than this subsection)--
                    (A) to identify and execute specific procedures for 
                using authorities granted under the FDA Food Safety 
                Modernization Act (Public Law 111-353) to ensure and 
                improve the safety of commercially marketed seafood in 
                the United States;
                    (B) to identify and execute specific procedures for 
                interagency cooperation on--
                            (i) interagency resource and information 
                        sharing;
                            (ii) use and development of forensic tools 
                        including means to fill existing gaps in 
                        capabilities and eliminate duplication; and
                            (iii) development of specific forensic 
                        analysis information required by each agency to 
                        promote effective enforcement actions;
                    (C) to maximize the effectiveness of limited 
                personnel and resources by ensuring that--
                            (i) inspections of seafood shipments and 
                        seafood processing and production facilities by 
                        the National Oceanic and Atmospheric 
                        Administration and the Food and Drug 
                        Administration are not duplicative; and
                            (ii) information resulting from 
                        examinations, testing, and inspections 
                        conducted by the Department of Commerce with 
                        respect to seafood is considered in making 
                        risk-based determinations, including the 
                        establishment of inspection priorities for 
                        domestic and foreign facilities and the 
                        examination and testing of domestic and 
                        imported seafood;
                    (D) to create a process--
                            (i) by which data collected by all seafood 
                        inspectors and officers of the National Oceanic 
                        and Atmospheric Administration and U.S. Customs 
                        and Border Protection authorized to conduct 
                        inspections of seafood shipments or facilities 
                        that process or sell seafood, or authorized 
                        officers that conduct analysis of seafood 
                        import information, will be used for risk-based 
                        screening of seafood shipments, including food 
                        safety, adulteration and misbranding, by the 
                        Food and Drug Administration beginning not 
                        later than one year after the date of enactment 
                        of this Act; and
                            (ii) by which data collected by the 
                        National Oceanic and Atmospheric 
                        Administration, U.S. Customs and Border 
                        Protection, the Department of Labor, the 
                        Department of State, and the Food and Drug 
                        Administration is shared to maximize efficiency 
                        and enforcement of seafood safety, fraud 
                        prevention, and prohibitions on illegal, 
                        unreported, or unregulated fishing;
                    (E) to create a process by which--
                            (i) data collected by inspectors and 
                        officers of other Federal, State, or local 
                        agencies authorized to conduct inspections of 
                        seafood, or inspections of facilities that 
                        process or sell seafood, or data from import 
                        analysts, will be used by the Food and Drug 
                        Administration for risk-based screening of 
                        seafood shipments; and
                            (ii) data collected by such inspectors and 
                        officials is shared with the National Oceanic 
                        and Atmospheric Administration, U.S. Customs 
                        and Border Protection, Department of Labor, and 
                        the Food and Drug Administration to maximize 
                        efficiency and enforcement of seafood safety 
                        and fraud prevention; and
                    (F) to ensure that officers and employees of the 
                National Oceanic and Atmospheric Administration are 
                utilized by the Secretary of Health and Human Services 
                as third-party auditors pursuant to section 808 of the 
                Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384d) 
                to carry out seafood examinations and investigations 
                under chapter VIII of such Act.

SEC. 204. STATE ENFORCEMENT.

    (a) In General.--Whenever the attorney general of a State, or an 
official or agency designated by a State, has reason to believe that 
any person has engaged or is engaging in a pattern or practice of 
seafood fraud in violation of section 203, the State may bring a civil 
action on behalf of its residents to enjoin fraud, an action to recover 
for actual monetary loss or receive $10,000 in damages for each 
violation, or both such actions.
    (b) Willful or Knowing Violations.--If the court finds the 
defendant willfully or knowingly violated this Act, the court may 
increase the amount of the award to an amount equal to not more than 3 
times the amount available under subsection (a).

SEC. 205. EFFECT ON STATE LAW.

    Nothing in this title shall preempt the authority of a State to 
establish and enforce anti-trafficking laws or requirements for 
improving seafood safety and preventing seafood fraud that are 
consistent with the requirements of this Act.

 TITLE III--STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT 
                           HUMAN TRAFFICKING

SEC. 301. DENIAL OF PORT PRIVILEGES.

    Section 101(a)(2) of the High Seas Driftnet Fisheries Enforcement 
Act (16 U.S.C. 1826a(a)(2)) is amended to read as follows:
            ``(2) Denial of port privileges.--The Secretary of Homeland 
        Security shall, in accordance with international law--
                    ``(A) withhold or revoke the clearance required by 
                section 60105 of title 46, United States Code, for any 
                large-scale driftnet fishing vessels of a nation that 
                receives a negative certification under sections 609(d) 
                or 610(c) of the High Seas Driftnet Fishing Moratorium 
                Protection Act (16 U.S.C. 1826j(d) or 1826k(c)), or 
                fishing vessels of a nation that has been listed 
                pursuant to sections 609(b) or 610(a) of such Act (16 
                U.S.C. 1826j(b) or 1826k(a)) in two or more consecutive 
                reports as described under section 607 of such Act (16 
                U.S.C. 1826h), until a positive certification has been 
                received;
                    ``(B) withhold or revoke the clearance required by 
                section 60105 of title 46, United States Code, for 
                fishing vessels of a nation that has been listed 
                pursuant to sections 609(b) or 610(a) of such Act (16 
                U.S.C. 1826j(b) or 1826k(a)) in two or more consecutive 
                reports as described under section 607 of such Act (16 
                U.S.C. 1826h); and
                    ``(C) deny entry of that vessel to any place in the 
                United States and to the navigable waters of the United 
                States, except for the purposes of inspecting such 
                vessel, conducting an investigation, or taking other 
                appropriate enforcement action.''.

SEC. 302. IDENTIFICATION AND CERTIFICATION CRITERIA.

    (a) Denial of Port Privileges.--Strike subsections (a) and (b) of 
section 609 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826j(a) and (b)), and insert the following:
    ``(a) Cooperation With Governments.--
            ``(1) Information collection.--The Secretary, in 
        consultation with the Secretary of State, shall engage with 
        each flag, coastal, port, and market nation that exports 
        seafood to the United States to collect information sufficient 
        to evaluate the effectiveness of such nation's management of 
        fisheries and control systems to prevent illegal, unreported, 
        or unregulated fishing.
            ``(2) Recommendations.--The Secretary, in consultation with 
        the Secretary of State, shall provide recommendations to such 
        nations to resolve compliance gaps and improve fisheries 
        management and control systems in order to assist such nations 
        in preventing illegal, unreported, or unregulated fishing.
    ``(b) Identification and Warning.--
            ``(1) For actions of a fishing vessel.--The Secretary shall 
        identify and list in the report required by section 607 a 
        nation if a fishing vessel of such nation is engaged or has, in 
        the preceding 3 years, engaged in illegal, unreported, or 
        unregulated fishing. The Secretary shall include all nations 
        that qualify for identification, regardless of whether the 
        Secretary has engaged in the process described in this 
        subsection or under subsection (a). Any of the following 
        relevant information is sufficient to form the basis of an 
        identification:
                    ``(A) compliance reports;
                    ``(B) data or information from international 
                fishery management organizations, a foreign government, 
                or an organization or stakeholder group;
                    ``(C) information submitted by the public;
                    ``(D) information submitted to the Secretary under 
                section 402(a) of the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 1881a(a));
                    ``(E) import data collected by the Secretary 
                pursuant to part 300.324 of title 50, Code of Federal 
                Regulations; and
                    ``(F) information compiled from a Federal agency, 
                including, the Coast Guard and agencies within the 
                Interagency Working Group on Illegal, Unreported, and 
                Unregulated Fishing.
            ``(2) For actions of a nation.--The Secretary shall 
        identify, and list in such report, a nation engaging in or 
        endorsing illegal, unreported, or unregulated fishing, 
        including the following:
                    ``(A) Any nation that is failing, or has failed in 
                the preceding 3-year period, to cooperate with the 
                United States government in providing information about 
                their fisheries management and control systems 
                described in subsection (a) of this section.
                    ``(B) Any nation that is violating, or has violated 
                at any point during the preceding 3 years, conservation 
                and management measures, including catch and other data 
                reporting obligations and requirements, required under 
                an international fishery management agreement.
                    ``(C) Any nation that is failing, or has failed in 
                the preceding 3-year period, to effectively address or 
                regulate illegal, unreported, or unregulated fishing 
                within its fleets in any areas where its vessels are 
                fishing.
                    ``(D) Any nation that fails to discharge duties 
                incumbent upon it under international law or practice 
                as a flag, port, or coastal state to take action to 
                prevent, deter, and eliminate illegal, unreported, or 
                unregulated fishing.
                    ``(E) Any nation that provides subsidies that--
                            ``(i) contribute to illegal, unreported, or 
                        unregulated fishing or increased capacity and 
                        overfishing at proportionally higher rates than 
                        subsidies that promote fishery resource 
                        conservation and management; or
                            ``(ii) that otherwise undermine the 
                        effectiveness of any international fishery 
                        conservation program.
                    ``(F) Any nation that has been identified as having 
                human trafficking, including forced labor, in any part 
                of the seafood supply chain in the most recent 
                Trafficking in Persons Report issued by the Department 
                of State in accordance with the Trafficking Victims 
                Protection Act of 2000 (22 U.S.C. 7101 et seq.).
                    ``(G) Any nation that has been identified as 
                producing seafood-related goods through forced labor or 
                oppressive child labor in the most recent List of Goods 
                Produced by Child Labor or Forced Labor in accordance 
                with the Trafficking Victims Protection Act of 2000 (22 
                U.S.C. 7101 et seq.).
                    ``(H) Any nation that has been identified as at 
                risk for human trafficking, including forced labor, in 
                their seafood catching and processing industries in the 
                report required in section 3563 of the National Defense 
                Authorization Act for Fiscal Year 2020 (Public Law 116-
                92).
            ``(3) Warning.--The Secretary shall issue a warning to each 
        nation identified under this subsection.
            ``(4) Timing.--The Secretary shall make an identification 
        under paragraphs (1) or (2) at any time that the Secretary has 
        sufficient information to make such identification.''.
    (b) Illegal, Unreported, or Unregulated Certification 
Determination.--Section 609(d) of the High Seas Driftnet Fishing 
Moratorium Protection Act (16 U.S.C. 1826j(d)) is amended to read as 
follows:
    ``(d) IUU Certification Procedure.--
            ``(1) Certification determination.--
                    ``(A) In general.--The Secretary shall establish a 
                procedure for certifying whether a nation identified 
                under subsection (b) has taken appropriate corrective 
                action with respect to the offending activities 
                identified under section (b) that has led to measurable 
                improvements in the reduction of illegal, unreported, 
                or unregulated fishing and any underlying regulatory, 
                policy, or practice failings or gaps that may have 
                contributed to such identification.
                    ``(B) Opportunity for comment.--The Secretary shall 
                ensure that the procedure established under 
                subparagraph (A) provides for notice and an opportunity 
                for comment by the identified nation.
                    ``(C) Determination.--The Secretary shall, 
                consistent with such procedure, determine and certify 
                to the Congress not later than 90 days after the date 
                on which the Secretary issues a final rule containing 
                the procedure, and biennially thereafter--
                            ``(i) whether the government of each nation 
                        identified under subsection (b) has provided 
                        documentary evidence that such nation has taken 
                        corrective action with respect to such 
                        identification; or
                            ``(ii) whether the relevant international 
                        fishery management organization has taken 
                        corrective action that has ended the illegal, 
                        unreported, or unregulated fishing activity by 
                        vessels of that nation.
            ``(2) Alternative procedure.--The Secretary may establish a 
        procedure to authorize, on a shipment-by-shipment, shipper-by-
        shipper, or other basis the importation of fish or fish 
        products from a fishery within a nation issued a negative 
        certification under paragraph (1) if the Secretary--
                    ``(A) determines the fishery has not engaged in 
                illegal, unreported, or unregulated fishing under an 
                international fishery management agreement to which the 
                United States is a party;
                    ``(B) determines the fishery is not identified by 
                an international fishery management organization as 
                participating in illegal, unreported, or unregulated 
                fishing activities; and
                    ``(C) ensures that any such seafood or seafood 
                products authorized for entry under this section are 
                imported consistent with the reporting and the 
                recordkeeping requirements of Seafood Import Monitoring 
                Program described in part 300.324(b) of title 50, Code 
                of Federal Regulations (or any successor regulation).
            ``(3) Effect of certification determination.--
                    ``(A) Effect of negative certification.--The 
                provisions of subsections (a) and (b)(3) and (4) of 
                section 101 of the High Seas Driftnet Fisheries 
                Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4)) 
                shall apply to any nation that, after being identified 
                and warned under subsection (b) has failed to take the 
                appropriate corrective actions for which the Secretary 
                has issued a negative certification under this 
                subsection.
                    ``(B) Effect of positive certification.--The 
                provisions of subsections (a) and (b)(3) and (4) of 
                section 101 of the High Seas Driftnet Fisheries 
                Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4)) 
                shall not apply to any nation identified under 
                subsection (a) for which the Secretary has issued a 
                positive certification under this subsection.''.

SEC. 303. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING DEFINED.

    (a) Definition of Illegal, Unreported, or Unregulated Fishing in 
the High Seas Driftnet Fishing Moratorium Protection Act.--Section 
609(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826j(e)) is amended to read as follows:
    ``(e) Illegal, Unreported, or Unregulated Fishing Defined.--In this 
title, the term `illegal, unreported, or unregulated fishing' means any 
activity set out in paragraph 3 of the 2001 Food and Agriculture 
Organization International Plan of Action to Prevent, Deter and 
Eliminate Illegal, Unreported, and Unregulated Fishing.''.
    (b) Definition of Illegal, Unreported, or Unregulated Fishing in 
the Magnuson-Stevens Fishery Conservation and Management Act.--Section 
3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1802) is amended by adding at the end the following:
            ``(51) The term `illegal, unreported, or unregulated 
        fishing' means any activity set out in paragraph 3 of the 2001 
        Food and Agriculture Organization International Plan of Action 
        to Prevent, Deter and Eliminate Illegal, Unreported, and 
        Unregulated Fishing.''.
    (c) Rule of Construction.--In construing the term ``illegal, 
unreported, or unregulated fishing'' for purposes of the High Seas 
Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens 
Fishery Conservation and Management Act, the Secretary shall follow 
internationally recognized labor rights stated in the International 
Labour Organization Declaration on Fundamental Principles and Rights at 
Work and its Follow-Up (1998), including--
            (1) freedom of association and the effective recognition of 
        the right to collective bargaining;
            (2) the elimination of all forms of forced or compulsory 
        labor;
            (3) the effective abolition of oppressive child labor, a 
        prohibition on the worst forms of child labor, and other labor 
        protections for children and minors;
            (4) the elimination of discrimination in respect of 
        employment and occupation; and
            (5) acceptable conditions of work with respect to minimum 
        wages, hours of work, and occupational safety and health.

SEC. 304. EQUIVALENT CONSERVATION MEASURES.

    (a) Identification.--Section 610(a) of the High Seas Driftnet 
Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)) is amended to 
read as follows:
    ``(a) Identification.--
            ``(1) In general.--The Secretary shall identify and list in 
        the report under section 607--
                    ``(A) a nation if--
                            ``(i) any fishing vessel of that country is 
                        engaged, or has been engaged during the 
                        preceding 3 years in fishing activities or 
                        practices on the high sees or within the 
                        exclusive economic zone of another country, 
                        that have resulted in bycatch of a protected 
                        living marine resource; and
                            ``(ii) the vessel's flag state has not 
                        adopted, implemented, and enforced a regulatory 
                        program governing such fishing designed to end 
                        or reduce such bycatch that is comparable to 
                        the regulatory program of the United States; 
                        and
                    ``(B) a nation if--
                            ``(i) any fishing vessel of that country is 
                        engaged, or has engaged during the preceding 3 
                        years, in fishing activities on the high sees 
                        or within the exclusive economic zone of 
                        another country that target or incidentally 
                        catch sharks; and
                            ``(ii) the vessel's flag state has not 
                        adopted, implemented, and enforced a regulatory 
                        program to provide for the conservation of 
                        sharks, including measures to prohibit removal 
                        of any of the fins of a shark, including the 
                        tail, before landing the shark in port that is 
                        comparable to that of the United States.
            ``(2) Timing.--The Secretary shall make an identification 
        under paragraph (1) at any time that the Secretary has 
        sufficient information to make such identification.''.
    (b) Consultation and Negotiation.--Section 610(b) of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(b)) is 
amended to read as follows:
    ``(b) Consultation and Negotiation.--The Secretary of State, acting 
in conjunction with the Secretary, shall--
            ``(1) notify, as soon as possible, the President, nations 
        that have been identified under subsection (a), and other 
        nations whose vessels engage in fishing activities or practices 
        described in subsection (a), about the provisions of this Act;
            ``(2) initiate discussions as soon as possible with all 
        foreign countries which are engaged in, or a fishing vessel of 
        which has engaged in, fishing activities described in 
        subsection (a), for the purpose of entering into bilateral and 
        multilateral treaties with such countries to protect such 
        species and to address any underlying failings or gaps that may 
        have contributed to identification under this Act;
            ``(3) seek agreements calling for international 
        restrictions on fishing activities or practices described in 
        subsection (a) through the United Nations, the Food and 
        Agriculture Organization's Committee on Fisheries, and 
        appropriate international fishery management bodies; and
            ``(4) initiate the amendment of any existing international 
        treaty for the protection and conservation of such species to 
        which the United States is a party in order to make such treaty 
        consistent with the purposes and policies of this section.''.
    (c) Conservation Certification Procedure.--Section 610(c) of the 
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
1826k(c)) is amended--
            (1) in subparagraph (A) of paragraph (1), by striking ``, 
        taking into account different conditions,'';
            (2) in paragraph (2), by inserting ``the public and'' after 
        ``comment by'';
            (3) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``, taking 
                into account different conditions'';
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) ensures that any such fish or fish products 
                authorized for entry under this section are imported 
                consistent with the reporting and the recordkeeping 
                requirements of the Seafood Import Monitoring Program 
                established by part 300.324(b) of title 50, Code of 
                Federal Regulations (or any successor regulations).''; 
                and
            (4) in paragraph (5), by striking ``(except to the extent 
        that such provisions apply to sport fishing equipment or fish 
        or fish products not caught by the vessels engaged in illegal, 
        unreported, or unregulated fishing)''.

SEC. 305. REGULATIONS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall promulgate regulations implementing this title.

                   TITLE IV--MARITIME SAFE AMENDMENTS

SEC. 401. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING WORKING GROUP 
              RESPONSIBILITIES.

    Section 3551(c) of the Maritime SAFE Act (Public Law 116-92) is 
amended--
            (1) in paragraph (12), by striking ``and'' at the end;
            (2) in paragraph (13), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end:
            ``(14) developing a strategy for leveraging enforcement 
        capacity against illegal, unreported, or unregulated fishing 
        and increasing enforcement and other actions across relevant 
        import control and assessment programs including--
                    ``(A) the Seafood Import Monitoring Program 
                described in part 300.324(b) of title 50, Code of 
                Federal Regulations (or any successor regulation);
                    ``(B) the List of Goods Produced by Child Labor or 
                Forced Labor produced pursuant to section 105 of the 
                Trafficking Victims Protection Reauthorization Act of 
                2005 (22 U.S.C. 7112);
                    ``(C) the List of Nations with vessels engaged in 
                illegal, unreported, or unregulated fishing pursuant to 
                section 607 of the High Seas Driftnet Fishing 
                Moratorium Protection Act (16 U.S.C. 1826h);
                    ``(D) the Trafficking in Persons Report required by 
                section 110 of the Trafficking Victims Protection Act 
                of 2000 (22 U.S.C. 7107);
                    ``(E) U.S. Customs and Border Protection's Forced 
                Labor Division and enforcement activities and 
                regulations authorized under Section 307 of the Tariff 
                Act of 1930 (19 U.S.C. 1307); and
                    ``(F) other relevant programs of Working Group 
                member agencies; and
            ``(15) assessing areas for increased information sharing 
        and collaboration among Federal Working Group member agencies 
        and State-based enforcement, wildlife, and fisheries management 
        agencies to identify, interdict, investigate, and prosecute 
        illegal, unreported, or unregulated fishing and fraudulent 
        seafood imports into the United States that were a product of 
        such fishing, including through implementation of the Seafood 
        Import Monitoring Program. The Federal Working Group shall 
        emphasize developing, updating, and employing risk screens to 
        analyze harvest, traceability, and verification and 
        certification information in real time as a key pathway to 
        trigger product audits and enforcement actions.''.

SEC. 402. STRATEGIC PLAN.

    Section 3552 of the Maritime SAFE Act (Public Law 116-92) is 
amended by adding at the end:
    ``(c) Strategies To Optimize Data Collection, Sharing, and 
Analysis.--
            ``(1) In general.--The strategic plan submitted under 
        subsection (a) shall identify information and resources to 
        prevent illegal, unreported, or unregulated fishing or 
        fraudulently labeled or otherwise misrepresented seafood from 
        entering United States commerce. The report shall include a 
        timeline for implementation of recommendations with respect to 
        each of the following:
                    ``(A) Identification of relevant data streams 
                collected by Working Group members.
                    ``(B) Identification of legal, jurisdictional, or 
                other barriers to the sharing of such data.
                    ``(C) Strategies for integrating data streams 
                through the International Trade Data System Automated 
                Commercial Environment or other relevant digital 
                platforms.
                    ``(D) Recommendations for enhancing the automated 
                risk targeting and effectiveness of risk analysis and 
                detection of illegal, unauthorized, or unreported 
                fishing and fraudulent seafood through the Seafood 
                Import Monitoring Program.
                    ``(E) Recommendations for improving the utility and 
                effectiveness of the Commercial Targeting and Analysis 
                Center in detecting illegal, unauthorized, or 
                unreported fishing and fraudulent products through 
                adoption of these strategies or other enhancements.
                    ``(F) Recommendations for joint enforcement 
                protocols, collaboration, and information sharing 
                between Federal agencies and States.
                    ``(G) Recommendations for sharing and developing 
                forensic resources between Federal agencies and States.
                    ``(H) Recommendations for enhancing capacity for 
                U.S. Customs and Border Protection and National Oceanic 
                and Atmospheric Administration to conduct field 
                investigations and to coordinate enforcement efforts 
                with State enforcement officials.
                    ``(I) An implementation strategy, with milestones 
                and deadlines and specific budgetary requirements, for 
                implementing recommendations described in the report.
            ``(2) Progress report.--Not later than 2 years after 
        submission of the 5-year integrated strategic plan, the Working 
        Group shall submit a report to the Committee on Commerce, 
        Science, and Transportation of the Senate, the Committee on 
        Foreign Relations of the Senate, the Committee on 
        Appropriations of the Senate, the Committee on Transportation 
        and Infrastructure of the House of Representatives, the 
        Committee on Natural Resources of the House of Representatives, 
        the Committee on Foreign Affairs of the House of 
        Representatives, and the Committee on Appropriations of the 
        House of Representatives on progress in implementing the 
        recommendations described in this subsection.''.

SEC. 403. AUTHORITY TO HOLD FISH PRODUCTS.

    Section 311(b)(1) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1861(b)) is amended--
            (1) in subparagraph (B), striking ``; and'' and inserting a 
        semicolon;
            (2) in subparagraph (C), striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following a new subparagraph:
            ``(D) detain, for a period of up to 14 days, any shipment 
        of fish or fish product imported into, landed on, introduced 
        into, exported from, or transported within the jurisdiction of 
        the United States, or, if such fish or fish product is deemed 
        to be perishable, sell and retain the proceeds therefrom for a 
        period of up to 21 days.''.

                      TITLE V--MARITIME AWARENESS

SEC. 501. AUTOMATIC IDENTIFICATION SYSTEM REQUIREMENTS.

    (a) Requirement for Fishing Vessels To Have Automatic 
Identification Systems.--Section 70114(a)(1) of title 46, United States 
Code, is amended--
            (1) by striking ``, while operating on the navigable waters 
        of the United States,''
            (2) by redesignating subparagraphs (A) through (D) as 
        clauses (i) through (iv);
            (3) by inserting before clauses (i) through (iv), as 
        redesignated by paragraph (2), the following:
            ``(A) While operating on the navigable waters of the United 
        States:''; and
            (4) by adding at the end the following:
            ``(B) A vessel of the United States that is more than 65 
        feet overall in length, while engaged in fishing, fish 
        processing, or fish tendering operations on the navigable 
        waters of the United States or in the United States exclusive 
        economic zone.''.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Commerce for fiscal year 2022, 
$5,000,000, to remain available until expended, to purchase automatic 
identification systems for fishing vessels, fish processing vessels, 
fish tender vessels more than 50 feet in length, as described under 
this title and the amendments made by this title.
                                                 Union Calendar No. 493

117th CONGRESS

  2d Session

                               H. R. 3075

                      [Report No. 117-674, Part I]

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