Title: Maritime Administration Authorization and Enhancement Act of 2019
Policy area: Transportation and Public Works

Summary:
Maritime Administration Authorization and Enhancement Act of 2019
This bill addresses (1) several aspects of the U.S. Maritime Administration (MARAD); (2) illegal, unreported, and unregulated fishing (IUU fishing); and (3) maritime security.
Among other things, the bill

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1439 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1439

To reauthorize activities of the Maritime Administration, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2019

  Mr. Wicker (for himself and Ms. Cantwell) 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.

    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 ``Maritime Administration 
Authorization and Enhancement Act of 2019''.

SEC. 2. TABLE OF CONTENTS.

    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. Maritime Security Program.
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. Centers of excellence for domestic maritime workforce 
                            training and education.
Sec. 108. Military to mariner.
Sec. 109. Salvage recoveries of federally owned cargoes.
Sec. 110. Salvage recoveries for subrogated ownership of vessels and 
                            cargoes.
Sec. 111. Port operations, research, and technology.
Sec. 112. Strategic seaports.
Sec. 113. Maritime technical assistance program.
Sec. 114. Requirement for small shipyard grantees.
Sec. 115. Improvement of National Oceanographic Partnership Program.
Sec. 116. Improvements to the maritime guaranteed loan program.
Sec. 117. 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.

                    TITLE I--MARITIME ADMINISTRATION

SEC. 101. AUTHORIZATION OF THE MARITIME ADMINISTRATION.

    (a) In General.--There are authorized to be appropriated to the 
Department of Transportation for fiscal year 2020, to be available 
without fiscal year limitation if so provided in appropriations Acts, 
for programs associated with maintaining the United States Merchant 
Marine, the following amounts:
            (1) For expenses necessary for operations of the United 
        States Merchant Marine Academy, $95,944,000, of which--
                    (A) $77,944,000 shall remain available until 
                September 30, 2021 for Academy operations; and
                    (B) $18,000,000 shall remain available until 
                expended for capital asset management at the Academy.
            (2) For expenses necessary to support the State maritime 
        academies, $50,280,000, of which--
                    (A) $2,400,000 shall remain available until 
                September 30, 2021, for the Student Incentive Program;
                    (B) $6,000,000 shall remain available until 
                expended for direct payments to such academies;
                    (C) $30,080,000 shall remain available until 
                expended for maintenance and repair of State maritime 
                academy training vessels;
                    (D) $3,800,000 shall remain available until 
                expended for training ship fuel assistance; and
                    (E) $8,000,000 shall remain available until 
                expended for offsetting the costs of training ship 
                sharing.
            (3) For expenses necessary to support the National Security 
        Multi-Mission Vessel Program, $300,000,000, which shall remain 
        available until expended.
            (4) For expenses necessary to support Maritime 
        Administration operations and programs, $60,442,000, of which 
        $5,000,000 shall remain available until expended for activities 
        authorized under section 50307 of title 46, United States Code.
            (5) For expenses necessary to dispose of vessels in the 
        National Defense Reserve Fleet, $5,000,000, which shall remain 
        available until expended.
            (6) For expenses necessary to maintain and preserve a 
        United States flag Merchant Marine to serve the national 
        security needs of the United States under chapter 531 of title 
        46, United States Code, $300,000,000, which shall remain 
        available until expended.
            (7) For expenses necessary for the loan guarantee program 
        authorized under chapter 537 of title 46, United States Code, 
        $33,000,000, of which--
                    (A) $30,000,000 may be used for the cost (as 
                defined in section 502(5) of the Federal Credit Reform 
                Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees under 
                the program, which shall remain available until 
                expended; and
                    (B) $3,000,000 may be used for administrative 
                expenses relating to loan guarantee commitments under 
                the program.
            (8) For expenses necessary to provide assistance to small 
        shipyards and for maritime training programs under section 
        54101 of title 46, United States Code, $40,000,000, which shall 
        remain available until expended.
            (9) For expenses necessary to implement the Port 
        Operations, Research, and Technology Act, $600,000,000, except 
        that no funds shall be used for a grant award to purchase fully 
        automated cargo handling equipment that is remotely operated or 
        remotely monitored with or without the exercise of human 
        intervention or control, if the Secretary determines such 
        equipment would result in a net loss of jobs that relate to the 
        movement of goods through a port and its intermodal 
        connections.

SEC. 102. MARITIME SECURITY PROGRAM.

    (a) Award of Operating Agreements.--Section 53103 of title 46, 
United States Code, is amended by striking ``2025'' each place it 
appears and inserting ``2035''.
    (b) Effectiveness of Operating Agreements.--Section 53104(a) of 
title 46, United States Code, is amended by striking ``2025'' and 
inserting ``2035''.
    (c) Payments.--Section 53106(a)(1) of title 46, United States Code, 
is amended--
            (1) in subparagraph (B), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (C), by striking ``$3,700,000 for each 
        of fiscal years 2022, 2023, 2024, and 2025.'' and inserting 
        ``$5,233,463 for each of fiscal years 2022, 2023, 2024, and 
        2025; and''; and
            (3) by adding at the end the following:
                    ``(D) $5,233,463 for each of fiscal years 2026 
                through 2035.''.
    (d) Authorization of Appropriations.--Section 53111 of title 46, 
United States Code, is amended--
            (1) in paragraph (2), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3), by striking ``$222,000,000 for each 
        fiscal year thereafter through fiscal year 2025.'' and 
        inserting ``$314,007,780 for each of fiscal years 2022, 2023, 
        2024, and 2025; and''; and
            (3) by adding at the end the following:
            ``(4) $314,007,780 for each of fiscal years 2026 through 
        2035.''.

SEC. 103. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL REPORT.

    The Inspector General of the Department of Transportation shall--
            (1) not later than 180 days after the date of enactment of 
        this Act, initiate an audit of the Maritime Administration's 
        actions to address the 27 recommendations for improvement 
        identified by a National Academy of Public Administration panel 
        in a November 2017 report; and
            (2) submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report containing the results of that audit 
        once the audit is completed.

SEC. 104. AUTHORITY FOR MARAD TO RETAIN FOREIGN STUDENT TUITION 
              REIMBURSEMENT.

    Section 51304 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(e) Credit of Reimbursement.--Reimbursements under this section 
shall be credited to the Maritime Administration's Operations and 
Training appropriation, to remain available until expended, for use 
only for those expenses related to the operations of the United States 
Merchant Marine Academy.''.

SEC. 105. APPOINTMENT OF CANDIDATES ATTENDING SPONSORED PREPARATORY 
              SCHOOL.

    Section 51303 of title 46, United States Code, is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
    ``(a) In General.--The Secretary''; and
            (2) by adding at the end the following:
    ``(b) Appointment of Candidates Selected for Preparatory School 
Sponsorship.--The Secretary of Transportation may appoint each year as 
cadets at the United States Merchant Marine Academy not more than 40 
qualified individuals sponsored by the Academy to attend preparatory 
school during the academic year prior to entrance in the Academy, and 
who have successfully met the terms and conditions of sponsorship set 
by the Academy.''.

SEC. 106. INDEPENDENT STUDY ON THE UNITED STATES MERCHANT MARINE 
              ACADEMY.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall seek to 
enter into an agreement with the National Academy of Public 
Administration (referred to in this section as the ``Academy'') to 
carry out the activities described in this section.
    (b) Study Elements.--In accordance with the agreement described in 
subsection (a), the Academy shall conduct a study of the United States 
Merchant Marine Academy that consists of the following:
            (1) A comprehensive assessment of the United States 
        Merchant Marine Academy's systems, training, facilities, 
        infrastructure, information technology, and stakeholder 
        engagement.
            (2) Identification of needs and opportunities for 
        modernization to help the United States Merchant Marine Academy 
        keep pace with more modern campuses.
            (3) Development of an action plan for the United States 
        Merchant Marine Academy with specific recommendations for--
                    (A) improvements or updates relating to the 
                opportunities described in paragraph (2); and
                    (B) systemic changes needed to help the United 
                States Merchant Marine Academy achieve its mission of 
                inspiring and educating the next generation of the 
                mariner workforce on a long-term basis.
    (c) Deadline and Report.--Not later than 1 year after the date of 
the agreement described in subsection (a), the Academy shall prepare 
and submit to the Administrator of the Maritime Administration a report 
containing the action plan described in subsection (b)(3), including 
specific findings and recommendations.

SEC. 107. CENTERS OF EXCELLENCE FOR DOMESTIC MARITIME WORKFORCE 
              TRAINING AND EDUCATION.

    Section 54102 of title 46, United States Code, is amended--
            (1) in subsection (b), by inserting ``or subsection (d)'' 
        after ``designated under subsection (a)''; and
            (2) by adding at the end the following:
    ``(d) State Maritime Academy.--The Secretary of Transportation 
shall designate each State maritime academy, as defined in section 
51102(4) of this title, as a center of excellence under this 
section.''.

SEC. 108. MILITARY TO MARINER.

    (a) Credentialing Support.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Defense, the Secretary of 
Homeland Security, the Secretary of Commerce, and the Secretary of 
Health and Human Services, with respect to the applicable services in 
their respective departments, and in coordination with one another and 
with the United States Committee on the Marine Transportation System, 
shall, consistent with applicable law, identify all training and 
experience within the applicable service that may qualify for merchant 
mariner credentialing, and submit a list of all identified training and 
experience to the United States Coast Guard National Maritime Center 
for a determination of whether such training and experience counts for 
credentialing purposes.
    (b) Review of Applicable Service.--The United States Coast Guard 
Commandant shall make a determination of whether training and 
experience counts for credentialing purposes, as described in 
subsection (a), not later than 6 months after the date on which the 
United States Coast Guard National Maritime Center receives a 
submission under subsection (a) identifying a training or experience 
and requesting such a determination.
    (c) Fees and Services.--The Secretary of Defense, the Secretary of 
Homeland Security, the Secretary of Commerce, and the Secretary of 
Health and Human Services shall--
            (1) take all necessary and appropriate actions to provide 
        for the waiver of fees through the National Maritime Center 
        license evaluation, issuance, and examination for members of 
        the uniformed services on active duty or separated members of 
        the uniformed services, if a waiver is authorized and 
        appropriate, and, if a waiver is not granted, take all 
        necessary and appropriate actions to provide for the payment of 
        fees for members of the uniformed services on active duty or 
        separated members of the uniformed services by the applicable 
        service to the fullest extent permitted by law;
            (2) direct the applicable services to take all necessary 
        and appropriate actions to pay for Transportation Worker 
        Identification Credential cards for members of the uniformed 
        services on active duty or separated members of the uniformed 
        services pursuing or possessing a mariner credential;
            (3) ensure that members of the applicable services who are 
        to be discharged or released from active duty and who request 
        certification or verification of sea service be provided such 
        certification or verification no later than one month after 
        discharge or release;
            (4) ensure the applicable services have developed, or 
        continue to operate, as appropriate, the online resource known 
        as Credentialing Opportunities On-Line to support separating 
        members of the uniformed services who are seeking information 
        and assistance on merchant mariner credentialing; and
            (5) not later than 1 year after the date of enactment of 
        this section, take all necessary and appropriate actions to 
        apply service-related medical certifications to merchant 
        mariner credential requirements.
    (d) Advancing Military to Mariner Within the Employer Agencies.--
            (1) In general.--The Secretary of Defense, the Secretary of 
        Homeland Security, the Secretary of Commerce, and the Secretary 
        of Health and Human Services shall have direct hiring authority 
        to employ separated members of the uniformed services with 
        valid merchant mariner licenses or sea service experience in 
        support of United States national maritime needs, including the 
        Army Corps of Engineers, U.S. Customs and Border Protection, 
        and the National Oceanic and Atmospheric Administration.
    (e) Separated Member of the Uniformed Services.--In this section, 
the term ``separated member of the uniformed services'' means an 
individual who--
            (1) is retiring or is retired as a member of the uniformed 
        services;
            (2) is voluntarily separating or voluntarily separated from 
        the uniformed services at the end of enlistment or service 
        obligation; or
            (3) is administratively separating or has administratively 
        separated from the uniformed services with an honorable or 
        general discharge characterization.

SEC. 109. SALVAGE RECOVERIES OF FEDERALLY OWNED CARGOES.

    Section 57100 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(h) Funds Transfer Authority Related to the Use of National 
Defense Reserve Fleet Vessels and the Provision of Maritime-Related 
Services.--
            ``(1) In general.--When the Secretary of Transportation 
        provides for the use of its vessels or maritime-related 
        services and goods under a reimbursable agreement with a 
        Federal entity, or State or local entity, authorized to receive 
        goods and services from the Maritime Administration for 
        programs, projects, activities, and expenses related to the 
        National Defense Reserve Fleet or maritime-related services:
                    ``(A) Federal entities are authorized to transfer 
                funds to the Secretary in advance of expenditure or 
                upon providing the goods or services ordered, as 
                determined by the Secretary.
                    ``(B) The Secretary shall determine all other terms 
                and conditions under which such payments should be made 
                and provide such goods and services using its existing 
                or new contracts, including general agency agreements, 
                memoranda of understanding, or similar agreements.
            ``(2)  Reimbursable agreement with a federal entity.--
                    ``(A) In general.--The Maritime Administration is 
                authorized to provide maritime-related services and 
                goods under a reimbursable agreement with a Federal 
                entity.
                    ``(B) Maritime-related services defined.--For the 
                purposes of this subsection, maritime-related services 
                includes the acquisition, procurement, operation, 
                maintenance, preservation, sale, lease, charter, 
                construction, reconstruction, or reconditioning 
                (including outfitting and equipping incidental to 
                construction, reconstruction, or reconditioning) of a 
                merchant vessel or shipyard, ship site, terminal, pier, 
                dock, warehouse, or other installation related to the 
                maritime operations of a Federal entity.
            ``(3) Salvaging cargoes.--
                    ``(A) In general.--The Maritime Administration may 
                provide services and purchase goods relating to the 
                salvaging of cargoes aboard vessels in the custody or 
                control of the Maritime Administration or its 
                predecessor agencies and receive and retain 
                reimbursement from Federal entities for all such costs 
                as it may incur.
                    ``(B) Reimbursement.--Reimbursement as provided for 
                in subparagraph (A) may come from--
                            ``(i) the proceeds recovered from such 
                        salvage; or
                            ``(ii) the Federal entity for which the 
                        Maritime Administration has or will provide 
                        such goods and services, depending on the 
                        agreement of the parties involved.
            ``(4) Amounts received.--Amounts received as reimbursements 
        under this subsection shall be credited to the fund or account 
        that was used to cover the costs incurred by the Secretary or, 
        if the period of availability of obligations for that 
        appropriation has expired, to the appropriation of funds that 
        is currently available to the Secretary for substantially the 
        same purpose. Amounts so credited shall be merged with amounts 
        in such fund or account and shall be available for the same 
        purposes, and subject to the same conditions and limitations, 
        as amounts in such fund or account.
            ``(5) Advance payments.--Payments made in advance shall be 
        for any part of the estimated cost as determined by the 
        Secretary of Transportation. Adjustments to the amounts paid in 
        advance shall be made as agreed to by the Secretary of 
        Transportation and the head of the ordering agency or unit 
        based on the actual cost of goods or services provided.
            ``(6) Bill or request for payment.--A bill submitted or a 
        request for payment is not subject to audit or certification in 
        advance of payment.''.

SEC. 110. SALVAGE RECOVERIES FOR SUBROGATED OWNERSHIP OF VESSELS AND 
              CARGOES.

    Section 53909 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(e) Salvage Agreements.--Notwithstanding title XIV of the Ronald 
W. Reagan National Defense Authorization Act for Fiscal Year 2005 (10 
U.S.C. 113 note), the Secretary of Transportation is authorized to 
enter into marine salvage agreements for the recoveries, sale, and 
disposal of sunken or damaged vessels, cargoes, or properties owned or 
insured by or on behalf of the Maritime Administration, the United 
States Shipping Board, the U.S. Shipping Board Bureau, the United 
States Maritime Commission, or the War Shipping Administration.
    ``(f) Recoveries.--Notwithstanding other provisions of law, the net 
proceeds from salvage agreements entered into as authorized in 
subsection (e) shall remain available until expended and be distributed 
as follows for marine insurance-related salvages:
            ``(1) Fifty percent of the net funds recovered shall be 
        deposited in the war risk revolving fund and shall be available 
        for the purposes of the war risk revolving fund.
            ``(2) Fifty percent of the net funds recovered shall be 
        deposited in the Vessel Operations Revolving Fund as 
        established by section 50301(a) of this title and shall be 
        available until expended as follows:
                    ``(A) Fifty percent shall be available to the 
                Administrator of the Maritime Administration for such 
                acquisition, maintenance, repair, reconditioning, or 
                improvement of vessels in the National Defense Reserve 
                Fleet as is authorized under other Federal law.
                    ``(B) Twenty-five percent shall be available to the 
                Administrator of the Maritime Administration for the 
                payment or reimbursement of expenses incurred by or on 
                behalf of State maritime academies or the United States 
                Merchant Marine Academy for facility and training ship 
                maintenance, repair, and modernization, and for the 
                purchase of simulators and fuel.
                    ``(C) The remainder shall be distributed for 
                maritime heritage preservation to the Department of the 
                Interior for grants as authorized by section 308703 of 
                title 54.''.

SEC. 111. PORT OPERATIONS, RESEARCH, AND TECHNOLOGY.

    (a) Short Title.--This section may be cited as the ``Ports 
Improvement Act''.
    (b) Port and Intermodal Improvement Program.--Section 50302 of 
title 46, United States Code, is amended by striking subsection (c) and 
inserting the following:
    ``(c) Port and Intermodal Improvement Program.--
            ``(1) General authority.--Subject to the availability of 
        appropriations, the Secretary of Transportation shall make 
        grants, on a competitive basis, to eligible applicants to 
        assist in funding eligible projects for the purpose of 
        improving the safety, efficiency, or reliability of the 
        movement of goods through ports and intermodal connections to 
        ports.
            ``(2) Eligible applicant.--The Secretary may make a grant 
        under this subsection to the following:
                    ``(A) A State.
                    ``(B) A political subdivision of a State or local 
                government.
                    ``(C) A public agency or publicly chartered 
                authority established by 1 or more States.
                    ``(D) A special purpose district with a 
                transportation function.
                    ``(E) An Indian Tribe (as defined in section 4 of 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 5304), without regard to 
                capitalization), or a consortium of Indian Tribes.
                    ``(F) A multistate or multijurisdictional group of 
                entities described in this subsection.
                    ``(G) A lead entity described in subparagraph (A), 
                (B), (C), (D), (E), or (F) jointly with a private 
                entity or group of private entities.
            ``(3) Eligible projects.--The Secretary may make a grant 
        under this subsection--
                    ``(A) for a project that--
                            ``(i) is either--
                                    ``(I) within the boundary of a 
                                port; or
                                    ``(II) outside the boundary of a 
                                port, but is directly related to port 
                                operations or to an intermodal 
                                connection to a port; and
                            ``(ii) will be used to improve the safety, 
                        efficiency, or reliability of--
                                    ``(I) the loading and unloading of 
                                goods at the port, such as for marine 
                                terminal equipment;
                                    ``(II) the movement of goods into, 
                                out of, around, or within a port, such 
                                as for highway or rail infrastructure, 
                                intermodal facilities, freight 
                                intelligent transportation systems, and 
                                digital infrastructure systems;
                                    ``(III) environmental mitigation 
                                measures and operational improvements 
                                directly related to enhancing the 
                                efficiency of ports and intermodal 
                                connections to ports; or
                                    ``(IV) the movement of vessels in 
                                and out of the port facility by 
                                dredging a vessel berthing area or 
                                performing construction or maintenance 
                                dredging that is not part of a Federal 
                                channel or an access channel associated 
                                with a Federal channel; or
                    ``(B) notwithstanding paragraph (6)(A)(v), to 
                provide financial assistance to 1 or more projects 
                under subparagraph (A) for development phase 
                activities, including planning, feasibility analysis, 
                revenue forecasting, environmental review, permitting, 
                and preliminary engineering and design work.
            ``(4) Prohibited uses.--A grant award under this subsection 
        may not be used--
                    ``(A) to finance or refinance the construction, 
                reconstruction, reconditioning, or purchase of a vessel 
                that is eligible for such assistance under chapter 537, 
                unless the Secretary determines such vessel--
                            ``(i) is necessary for a project described 
                        in paragraph (3)(A)(ii)(III) of this 
                        subsection; and
                            ``(ii) is not receiving assistance under 
                        chapter 537; or
                    ``(B) for any project within a small shipyard (as 
                defined in section 54101).
            ``(5) Applications and process.--
                    ``(A) Applications.--To be eligible for a grant 
                under this subsection, an eligible applicant shall 
                submit to the Secretary an application in such form, at 
                such time, and containing such information as the 
                Secretary considers appropriate.
                    ``(B) Solicitation process.--Not later than 60 days 
                after the date that amounts are made available for 
                grants under this subsection for a fiscal year, the 
                Secretary shall solicit grant applications for eligible 
                projects in accordance with this subsection.
            ``(6) Project selection criteria.--
                    ``(A) In general.--The Secretary may select a 
                project described in paragraph (3) for funding under 
                this subsection if the Secretary determines that--
                            ``(i) the project improves the safety, 
                        efficiency, or reliability of the movement of 
                        goods through a port or intermodal connection 
                        to a port;
                            ``(ii) the project is cost effective;
                            ``(iii) the eligible applicant has 
                        authority to carry out the project;
                            ``(iv) the eligible applicant has 
                        sufficient funding available to meet the 
                        matching requirements under paragraph (8);
                            ``(v) the project will be completed without 
                        unreasonable delay; and
                            ``(vi) the project cannot be easily and 
                        efficiently completed without Federal funding 
                        or financial assistance available to the 
                        project sponsor.
                    ``(B) Additional considerations.--In selecting 
                projects described in paragraph (3) for funding under 
                this subsection, the Secretary shall give substantial 
                weight to--
                            ``(i) the utilization of non-Federal 
                        contributions; and
                            ``(ii) the net benefits of the funds 
                        awarded under this subsection, considering the 
                        cost-benefit analysis of the project, as 
                        applicable.
                    ``(C) Small projects.--The Secretary may waive the 
                cost-benefit analysis under subparagraph (A)(ii), and 
                establish a simplified, alternative basis for 
                determining whether a project is cost effective, for a 
                small project described in paragraph (7)(B).
            ``(7) Allocation of funds.--
                    ``(A) Geographic distribution.--Not more than 25 
                percent of the amounts made available for grants under 
                this subsection for a fiscal year may be used to make 
                grants for projects in any 1 State.
                    ``(B) Small projects.--The Secretary shall reserve 
                25 percent of the amounts made available for grants 
                under this subsection each fiscal year to make grants 
                for eligible projects described in paragraph (3)(A) 
                that request the lesser of--
                            ``(i) 10 percent of the amounts made 
                        available for grants under this subsection for 
                        a fiscal year; or
                            ``(ii) $11,000,000.
                    ``(C) Dredging projects.--Not more than 25 percent 
                of the amounts made available for grants under this 
                subsection for a fiscal year may be used to make grants 
                for projects described in paragraph (3)(A)(ii)(III).
                    ``(D) Development phase activities.--Not more than 
                10 percent of the amounts made available for grants 
                under this subsection for a fiscal year may be used to 
                make grants for development phase activities under 
                paragraph (3)(B).
                    ``(E) Research harbors.--
                            ``(i) In general.--Of the funds that may be 
                        used under subparagraph (C), the Secretary 
                        shall consider reserving an amount equal to not 
                        more than 5 percent of the amounts made 
                        available for grants under this subsection to 
                        make grants for projects described in paragraph 
                        (3)(A)(ii)(III) for research harbors.
                            ``(ii) Applicants.--Notwithstanding 
                        paragraph (2), the Secretary may allow entities 
                        not described in that paragraph to be eligible 
                        applicants for grants under this subparagraph.
            ``(8) Federal share of total project costs.--
                    ``(A) Total project costs.--To be eligible for a 
                grant under this subsection, an eligible applicant 
                shall submit to the Secretary an estimate of the total 
                costs of a project under this subsection based on the 
                best available information, including any available 
                engineering studies, studies of economic feasibility, 
                environmental analyses, and information on the expected 
                use of equipment or facilities.
                    ``(B) Federal share.--
                            ``(i) In general.--Except as provided in 
                        clauses (ii) and (iii), the Federal share of 
                        the total costs of a project under this 
                        subsection shall not exceed 80 percent.
                            ``(ii) Dredging projects.--The Federal 
                        share of the total costs of a project described 
                        in paragraph (3)(A)(ii)(III) shall not exceed 
                        50 percent.
                            ``(iii) Rural areas.--The Secretary may 
                        increase the Federal share of costs above 80 
                        percent for a project located in a rural area.
            ``(9) Procedural safeguards.--The Secretary shall issue 
        guidelines to establish appropriate accounting, reporting, and 
        review procedures to ensure that--
                    ``(A) grant funds are used for the purposes for 
                which those funds were made available;
                    ``(B) each grantee properly accounts for all 
                expenditures of grant funds; and
                    ``(C) grant funds not used for such purposes and 
                amounts not obligated or expended are returned.
            ``(10) Conditions.--
                    ``(A) In general.--The Secretary shall require as a 
                condition of making a grant under this subsection that 
                a grantee--
                            ``(i) maintain such records as the 
                        Secretary considers necessary;
                            ``(ii) make the records described in clause 
                        (i) available for review and audit by the 
                        Secretary; and
                            ``(iii) periodically report to the 
                        Secretary such information as the Secretary 
                        considers necessary to assess progress.
                    ``(B) Labor.--The Federal wage rate requirements of 
                subchapter IV of chapter 31 of title 40 shall apply, in 
                the same manner as such requirements apply to contracts 
                subject to such subchapter, to--
                            ``(i) each project for which a grant is 
                        provided under this subsection; and
                            ``(ii) all portions of a project described 
                        in clause (i), regardless of whether such a 
                        portion is funded using--
                                    ``(I) other Federal funds; or
                                    ``(II) non-Federal funds.
            ``(11) Congressional notification.--
                    ``(A) Notification.--Not less than 60 days before 
                making a grant for a project under this subsection, the 
                Secretary shall notify, in writing, the appropriate 
                committees of Congress of the proposed grant.
                    ``(B) Contents.--Each notification under 
                subparagraph (A) shall include--
                            ``(i) an evaluation of and justification 
                        for the project; and
                            ``(ii) the amount of the proposed grant 
                        award.
                    ``(C) Congressional disapproval.--The Secretary 
                shall not make a grant or any other obligation or 
                commitment to fund a project under this subsection if a 
                joint resolution is enacted disapproving funding for 
                the project before the last day of the 60-day period 
                described in subparagraph (A).
            ``(12) Limitation on statutory construction.--Nothing in 
        this subsection shall be construed to affect existing 
        authorities to conduct port infrastructure programs in--
                    ``(A) Hawaii, as authorized by section 9008 of the 
                SAFETEA-LU Act (Public Law 109-59; 119 Stat. 1926);
                    ``(B) Alaska, as authorized by section 10205 of the 
                SAFETEA-LU Act (Public Law 109-59; 119 Stat. 1934); or
                    ``(C) Guam, as authorized by section 3512 of the 
                Duncan Hunter National Defense Authorization Act for 
                Fiscal Year 2009 (48 U.S.C. 1421r).
            ``(13) Reports.--The Secretary shall make available on the 
        website of the Department of Transportation at the end of each 
        fiscal year an annual report that lists each project for which 
        a grant has been provided under this subsection during that 
        fiscal year.
            ``(14) Administration.--
                    ``(A) Administrative and oversight costs.--The 
                Secretary may retain not more than 2 percent of the 
                amounts appropriated for each fiscal year under this 
                subsection for the administrative and oversight costs 
                incurred by the Secretary to carry out this subsection.
                    ``(B) Availability.--
                            ``(i) In general.--Amounts appropriated for 
                        carrying out this subsection shall remain 
                        available until expended.
                            ``(ii) Unexpended funds.--Amounts awarded 
                        as a grant under this subsection that are not 
                        expended by the grantee during the 5-year 
                        period following the date of the award shall 
                        remain available to the Secretary for use for 
                        grants under this subsection in a subsequent 
                        fiscal year.
            ``(15) Definitions.--In this subsection:
                    ``(A) Appropriate committees of congress.--The term 
                `appropriate committees of Congress' means--
                            ``(i) the Committee on Commerce, Science, 
                        and Transportation of the Senate; and
                            ``(ii) the Committee on Transportation and 
                        Infrastructure of the House of Representatives.
                    ``(B) Port.--The term `port' includes--
                            ``(i) a seaport; and
                            ``(ii) an inland waterways port.
                    ``(C) Project.--The term `project' includes 
                construction, reconstruction, environmental 
                rehabilitation, acquisition of property, including land 
                related to the project and improvements to the land, 
                equipment acquisition, and operational improvements.
                    ``(D) Research harbor.--The term `research harbor' 
                includes a harbor that supports or will support a 
                federally owned vessel operated by a State maritime 
                academy (as defined in section 51102 of this title) or 
                a non-Federal oceanographic research facility.
                    ``(E) Rural area.--The term `rural area' means an 
                area that is outside an urbanized area.
    ``(d) Additional Authority of the Secretary.--In carrying out this 
section, the Secretary may--
            ``(1) receive funds from a Federal or non-Federal entity 
        that has a specific agreement with the Secretary to further the 
        purposes of this section;
            ``(2) coordinate with other Federal agencies to expedite 
        the process established under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) for the improvement of 
        port facilities to improve the efficiency of the transportation 
        system, to increase port security, or to provide greater access 
        to port facilities;
            ``(3) seek to coordinate all reviews or requirements with 
        appropriate local, State, and Federal agencies; and
            ``(4) in addition to any financial assistance provided 
        under subsection (c), provide such technical assistance to port 
        authorities or commissions or their subdivisions and agents as 
        needed for project planning, design, and construction.''.
    (c) Savings Clause.--A repeal made by subsection (b) of this 
section shall not affect amounts apportioned or allocated before the 
effective date of the repeal. Such apportioned or allocated funds shall 
continue to be subject to the requirements to which the funds were 
subject under section 50302(c) of title 46, United States Code, as in 
effect on the day before the date of enactment of this Act.

SEC. 112. STRATEGIC SEAPORTS.

    (a) In General.--
            (1) Program established.--The Administrator of the Maritime 
        Administration (referred to in this section as the 
        ``Administrator'') and the United States Transportation Command 
        shall establish a strategic seaport infrastructure readiness 
        development program to improve infrastructure at strategic 
        seaports to ensure those strategic seaport facilities are in a 
        state of good repair, have modern infrastructure, and have 
        sufficient readiness to support operations on 48 hours notice.
            (2) Strategic seaport.--In this section, the term 
        ``strategic seaport'' means a commercial seaport that is 
        designated by the Commanding General of the Military Surface 
        Deployment and Distribution Command as a strategic seaport that 
        will support the deployment of United States forces during a 
        military contingency or national emergency.
    (b) Authority of the Administrator.--In order to carry out any 
project under the strategic seaport infrastructure readiness 
development program established under subsection (a), the Administrator 
may--
            (1) receive funds provided for the project from the 
        Department of Defense and non-Federal private entities that 
        have a specific agreement or contract with the Administrator to 
        further the purposes of this section;
            (2) coordinate with other Federal agencies to harmonize 
        efforts to comply with requirements and procedures established 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) in carrying out projects under the program, 
        including projects to improve port facilities, improve the 
        efficiency of the transportation system, increase port 
        security, or provide greater access to port facilities;
            (3) seek to coordinate all reviews or requirements relating 
        to the project with appropriate Federal, State, and local 
        agencies; and
            (4) provide such technical assistance to port authorities 
        or commissions or their subdivisions and agents as needed for 
        project planning, design, and construction.
    (c) Strategic Seaport Infrastructure Development Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a fund to be known as the Strategic Seaport 
        Readiness Infrastructure Development Fund, (referred to in this 
        section as the ``Fund'') consisting of such amounts as may be 
        appropriated or credited to such Fund as provided in this 
        section.
            (2) Credits.--There may be deposited into the Fund--
                    (A) funds from the Department of Defense and funds 
                from non-Federal private entities that have agreements 
                or contracts with the Administrator, which shall remain 
                in the Fund until expended or refunded; and
                    (B) such amounts as may be appropriated or 
                transferred to the Fund.
            (3) Transfers.--Amounts appropriated or otherwise made 
        available for any fiscal year for a strategic seaport may be 
        transferred, at the option of the recipient of such amounts, to 
        the Fund and may be administered by the Administrator as a 
        component of a project under the program.
    (d) Use of Funds.--The Administrator, in conjunction with the 
United States Transportation Command, may use funds from the Fund to--
            (1) administer and carry out projects under the strategic 
        seaport infrastructure readiness development program under this 
        section, including projects to--
                    (A) upgrade infrastructure resiliency of piers or 
                wharfs or enhancing flexible lay-down areas for heavy 
                lift, increase efficiency in the handling of Department 
                of Defense intermodal cargo movements, enhance 
                shoreside intermodal transportation infrastructure, or 
                carry out other similar improvements designed to 
                increase efficiency of Department of Defense readiness;
                    (B) facilitate funding for training dedicated to 
                enhancing interoperability between military and port 
                terminal personnel, and testing and expanding 
                operational areas to maximize strategic seaport 
                capability and assets; and
                    (C) provide cyber resiliency project funding 
                dedicated to the installation of new cybersecurity 
                infrastructure, or the enhancement of existing 
                cybersecurity infrastructure, in order to ensure 
                security of military operations at strategic seaports; 
                and
            (2) make refunds for projects under that program that will 
        not be completed.

SEC. 113. MARITIME TECHNICAL ASSISTANCE PROGRAM.

    Section 50307 of title 46, United States Code, is amended--
            (1) in subsection (a), by striking ``The Secretary of 
        Transportation may engage in the environmental study'' and 
        inserting ``The Maritime Administrator, on behalf of the 
        Secretary of Transportation, shall engage in the study'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``may'' and inserting ``shall''; and
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``that are likely to achieve 
                        environmental improvements by'' and inserting 
                        ``to improve'';
                            (ii) by redesignating subparagraphs (A) 
                        through (C) as clauses (i) through (iii), 
                        respectively;
                            (iii) by inserting before clause (i), the 
                        following:
                    ``(A) performance to meet United States Federal and 
                international standards and guidelines, including--''; 
                and
                            (iv) in clause (iii), as redesignated by 
                        clause (ii), by striking ``species; and'' and 
                        all that follows through the end of the 
                        subsection and inserting ``species, reducing 
                        propeller cavitation;
                    ``(B) the efficiency and competitiveness of 
                domestic maritime industries; and
            ``(2) coordinate with the Environmental Protection Agency, 
        the Coast Guard, and other Federal, State, local, or tribal 
        agencies, as appropriate.'';
            (3) in subsection (c)(2), by striking ``benefits'' and 
        inserting ``or other benefits to domestic maritime 
        industries''; and
            (4) by adding at the end the following:
    ``(e) Limitations on the Use of Funds.--For the purposes of this 
program, no more than 3 percent of funds may be used for administrative 
purposes.''.

SEC. 114. REQUIREMENT FOR SMALL SHIPYARD GRANTEES.

    Section 54101(d) of title 46, United States Code, is amended--
            (1) by striking ``Grants awarded'' and inserting the 
        following:
            ``(1) In general.--Grants awarded''; and
            (2) by adding at the end the following:
            ``(2) Buy america.--
                    ``(A) In general.--Subject to subparagraph (B), no 
                funds may be obligated by the Administrator of the 
                Maritime Administration under this section, unless each 
                product and material purchased with those funds 
                (including products and materials purchased by a 
                grantee), and including any commercially available off-
                the-shelf item, is--
                            ``(i) an unmanufactured article, material, 
                        or supply that has been mined or produced in 
                        the United States; or
                            ``(ii) a manufactured article, material, or 
                        supply that has been manufactured in the United 
                        States substantially all from articles, 
                        materials, or supplies mined, produced, or 
                        manufactured in the United States.
                    ``(B) Exceptions.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A), the requirements of that 
                        subparagraph shall not apply with respect to a 
                        particular product or material if the 
                        Administrator determines--
                                    ``(I) that the application of those 
                                requirements would be inconsistent with 
                                the public interest;
                                    ``(II) that such product or 
                                material is not available in the United 
                                States in sufficient and reasonably 
                                available quantities, of a satisfactory 
                                quality, or on a timely basis; or
                                    ``(III) that inclusion of a 
                                domestic product or material will 
                                increase the cost of that product or 
                                material by more than 25 percent, with 
                                respect to a certain contract between a 
                                grantee and that grantee's supplier.
                            ``(ii) Federal register.--A determination 
                        made by the Administrator under this 
                        subparagraph shall be published in the Federal 
                        Register.
                    ``(C) Definitions.--ln this paragraph:
                            ``(i) The term `commercially available off-
                        the-shelf item' means--
                                    ``(I) any item of supply (including 
                                construction material) that is--
                                            ``(aa) a commercial item, 
                                        as defined by section 2.101 of 
                                        title 48, Code of Federal 
                                        Regulations; and
                                            ``(bb) sold in substantial 
                                        quantities in the commercial 
                                        marketplace; and
                                    ``(II) does not include bulk cargo, 
                                as defined in section 40102(4) of this 
                                title, such as agricultural products 
                                and petroleum products.
                            ``(ii) The term `product or material' means 
                        an article, material, or supply brought to the 
                        site by the recipient for incorporation into 
                        the building, work, or project. The term also 
                        includes an item brought to the site 
                        preassembled from articles, materials, or 
                        supplies. However, emergency life safety 
                        systems, such as emergency lighting, fire 
                        alarm, and audio evacuation systems, that are 
                        discrete systems incorporated into a public 
                        building or work and that are produced as 
                        complete systems, are evaluated as a single and 
                        distinct construction material regardless of 
                        when or how the individual parts or components 
                        of those systems are delivered to the 
                        construction site.
                            ``(iii) The term `United States' includes 
                        the District of Columbia, the Commonwealth of 
                        Puerto Rico, the Northern Mariana Islands, 
                        Guam, American Samoa, and the Virgin 
                        Islands.''.

SEC. 115. IMPROVEMENT OF NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.

    (a) Additional Means of Achievement of Goals of Program Through 
Oceanographic Efforts.--Section 8931(b)(2) of title 10, United States 
Code, is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``identifying'' and inserting 
                ``creating''; and
                    (B) by inserting ``science,'' after ``areas of''; 
                and
            (2) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) soliciting, accepting, and executing 
                oceanographic research and observational projects 
                funded by private grants, contracts, or cooperative 
                agreements that contribute to such goals.''.
    (b) National Ocean Research Leadership Council Membership.--Section 
8932 of title 10, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking paragraph (10);
                    (B) by redesignating paragraphs (11) through (14) 
                as paragraphs (12) through (15), respectively; and
                    (C) by inserting after paragraph (9) the following 
                new paragraphs:
            ``(10) The Bureau of Ocean Energy Management of the 
        Department of the Interior.
            ``(11) The Bureau of Safety and Environmental Enforcement 
        of the Department of the Interior.'';
            (2) in subsection (d)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (B), by striking 
                        ``broad participation within the oceanographic 
                        community'' and inserting ``appropriate 
                        participation within the oceanographic 
                        community, including public, academic, 
                        commercial, and private participation or 
                        support'';
                            (ii) in subparagraph (E), by striking 
                        ``peer''; and
                            (iii) by adding at the end the following:
                    ``(F) Preexisting facilities, such as regional data 
                centers operated by the Integrated Ocean Observing 
                system, and expertise.''; and
                    (B) by striking paragraph (3);
            (3) in subsection (e)--
                    (A) in the subsection heading by striking 
                ``Report'' and inserting ``Briefing'';
                    (B) in the matter preceding paragraph (1), by 
                striking ``to Congress a report'' and inserting ``to 
                the Committee on Commerce, Science, and Transportation 
                of the Senate and the Committee on Natural Resources of 
                the House of Representatives a briefing'';
                    (C) by striking ``report'' and inserting 
                ``briefing'' each place the term appears;
                    (D) by striking paragraph (4) and inserting the 
                following:
            ``(4) A description of the involvement of Federal agencies 
        and non-Federal contributors participating in the program.''; 
        and
                    (E) in paragraph (5), by striking ``and the 
                estimated expenditures under such programs, projects, 
                and activities during such following fiscal year'' and 
                inserting ``and the estimated expenditures under such 
                programs, projects, and activities of the program 
                during such following fiscal year'';
            (4) in subsection (f)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) The Secretary of the Navy shall establish an office 
        to support the National Oceanographic Partnership Program. The 
        Council shall use competitive procedures in selecting an 
        operator for the partnership program office. If practicable, an 
        organization or entity may be selected as operator only if the 
        organization or entity has experience managing interagency 
        programs and programs with participation from other public and 
        private entities.''; and
                    (B) in paragraph (2)(B), by inserting ``, where 
                appropriate,'' before ``managing''; and
            (5) by amending subsection (g) to read as follows:
    ``(g) Contract and Grant Authority.--
            ``(1) In general.--To carry out the purposes of the 
        National Oceanographic Partnership Program, the Council shall 
        have, in addition to other powers otherwise given it under this 
        chapter, the following authorities:
                    ``(A) To authorize one or more of the departments 
                or agencies represented on the Council to enter into 
                contracts and make grants or cooperative agreements, 
                and establish and manage new collaborative programs as 
                considered appropriate, to address emerging science 
                priorities using both donated and appropriated funds.
                    ``(B) To authorize the program office under 
                subsection (f), on behalf of the Council, to accept 
                funds, including fines and penalties, from other 
                Federal and State departments and agencies.
                    ``(C) To authorize the program office, on behalf of 
                the Council, to award grants and enter into contracts 
                for purposes of the National Oceanographic Partnership 
                Program.
                    ``(D) To authorize the program office, on behalf of 
                the Council, to solicit, accept and execute 
                oceanographic research projects for purposes of the 
                National Oceanographic Partnership Program that are 
                funded by private grants, contracts, and donations.
                    ``(E) To transfer funds to other Federal and State 
                departments and agencies in furtherance of the purposes 
                of the National Oceanographic Partnership Program.
                    ``(F) To authorize one or more of the departments 
                or agencies represented on the Council to enter into 
                contracts and make grants, for the purpose of 
                implementing the National Oceanographic Partnership 
                Program and carrying out the responsibilities of the 
                Council.
                    ``(G) To use, with the consent of the head of the 
                agency or entity concerned, on a non-reimbursable 
                basis, the land, services, equipment, personnel, 
                facilities, advice, and information provided by a 
                Federal agency or entity, State, local government, 
                Tribal government, territory, or possession, or any 
                subdivisions thereof, or the District of Columbia as 
                may be helpful in the performance of the duties of the 
                Council.
            ``(2) Funds transferred.--Funds identified for direct 
        support of National Oceanographic Partnership Program grants 
        are authorized for transfer between agencies and are exempt 
        from section 1535 of title 31, United States Code (commonly 
        known as the `Economy Act of 1932').''.
    (c) Ocean Research Advisory Panel.--Section 8933(a)(4) of title 10, 
United States Code, is amended by striking ``State governments'' and 
inserting ``State and Tribal governments''.

SEC. 116. IMPROVEMENTS TO THE MARITIME GUARANTEED LOAN PROGRAM.

    (a) Definitions.--Section 53701 of title 46, United States Code, is 
amended--
            (1) by striking paragraph (5);
            (2) by redesignating paragraphs (6) through (15) as 
        paragraphs (5) through (14), respectively; and
            (3) by adding at the end the following:
            ``(15) Vessel of national interest.--The term `Vessel of 
        National Interest' means a vessel deemed to be of national 
        interest that meets characteristics determined by the 
        Administrator, in consultation with the Secretary of Defense, 
        the Secretary of Homeland Security, or the heads of other 
        Federal agencies, as described in section 53703(e).''.
    (b) Preferred Lender.--Section 53702(a) of title 46, United States 
Code, is amended--
            (1) by striking ``The Secretary or Administrator, on terms 
        the Secretary or Administrator may prescribe,'' and inserting 
        the following:
            ``(1) Guarantee.--The Secretary, acting through the 
        Administrator, on terms the Secretary or Administrator may 
        prescribe,''; and
            (2) by adding at the end the following:
            ``(2) Preferred eligible lender.--The Federal Financing 
        Bank shall be the preferred eligible lender of the principal 
        and interest of the guaranteed obligations issued under this 
        chapter.''.
    (c) Application and Administration.--Section 53703 of title 46, 
United States Code, is amended--
            (1) in the section heading, by striking ``procedures'' and 
        inserting ``and administration''; and
            (2) by adding at the end the following:
    ``(c) Independent Analysis.--
            ``(1) In general.--To assess and mitigate the risks due to 
        factors associated with markets, technology, financial, or 
        legal structures related to an application or guarantee under 
        this chapter, the Secretary or Administrator may utilize third-
        party experts, including legal counsel, to--
                    ``(A) process and review applications under this 
                chapter, including conducting independent analysis and 
                review of aspects of an application;
                    ``(B) represent the Secretary or Administrator in 
                structuring and documenting the obligation guarantee;
                    ``(C) analyze and review aspects of, structure, and 
                document the obligation guarantee during the term of 
                the guarantee;
                    ``(D) recommend financial covenants or financial 
                ratios to be met by the applicant during the time a 
                guarantee under this chapter is outstanding that are--
                            ``(i) based on the financial covenants or 
                        financial ratios, if any, that are then 
                        applicable to the obligor under private sector 
                        credit agreements; and
                            ``(ii) in lieu of other financial covenants 
                        applicable to the obligor under this chapter 
                        with respect to requirements regarding long-
                        term debt-to-equity, minimum working capital, 
                        or minimum amount of equity; and
                    ``(E) represent the Secretary or Administrator to 
                protect the security interests of the Government 
                relating to an obligation guarantee.
            ``(2) Private sector expert.--Independent analysis, review, 
        and representation conducted under this subsection shall be 
        performed by a private sector expert in the applicable field 
        who is selected by the Secretary or Administrator.
    ``(d) Vessels of National Interest.--
            ``(1) Notice of funding.--The Secretary or Administrator 
        may post a notice in the Federal Register regarding the 
        availability of funding for obligation guarantees under this 
        chapter for the construction, reconstruction, or reconditioning 
        of a Vessel of National Interest and include a timeline for the 
        submission of applications for such vessels.
            ``(2) Vessel characteristics.--
                    ``(A) In general.--The Secretary or Administrator, 
                in consultation with the Secretary of Defense, the 
                Secretary of Homeland Security, or the heads of other 
                Federal agencies, shall develop and publish a list of 
                vessel types that would be considered Vessels of 
                National Interest.
                    ``(B) Review.--Such list shall be reviewed and 
                revised every 4 years or as necessary, as determined by 
                the Administrator.''.
    (d) Funding Limits.--Section 53704 of title 46, United States Code, 
is amended--
            (1) in subsection (a)--
                    (A) by striking ``that amount'' and all the follows 
                through ``$850,000,000'' and inserting ``that amount, 
                $850,000,000''; and
                    (B) by striking ``facilities'' and all that follows 
                through the end of the subsection and inserting 
                ``facilities.''; and
            (2) in subsection (c)(4)--
                    (A) by striking subparagraph (A); and
                    (B) by redesignating subparagraphs (B) through (K), 
                as subparagraphs (A) through (J), respectively.
    (e) Eligible Purposes of Obligations.--Section 53706 of title 46, 
United States Code, is amended--
            (1) in subsection (a)(1)(A)--
                    (A) in the matter preceding clause (i), by striking 
                ``(including an eligible export vessel)'';
                    (B) in clause (iv) by adding ``or'' after the 
                semicolon;
                    (C) in clause (v), by striking ``; or'' and 
                inserting a period; and
                    (D) by striking clause (vi); and
            (2) in subsection (c)(1)--
                    (A) in subparagraph (A), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (B)(ii), by striking the period 
                at the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) after applying subparagraphs (A) and (B), 
                Vessels of National Interest.''.
    (f) Amount of Obligations.--Section 53709(b) of title 46, United 
States Code, is amended--
            (1) by striking paragraphs (3) and (6); and
            (2) by redesignating paragraphs (4) and (5) as paragraphs 
        (3) and (4), respectively.
    (g) Contents of Obligations.--Section 53710 of title 46, United 
States Code, is amended--
            (1) in subsection (a)(4)--
                    (A) in subparagraph (A)--
                            (i) by striking ``or, in the case of'' and 
                        all that follows through ``party''; and
                            (ii) by striking ``and'' after the 
                        semicolon;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) documented under the laws of the United 
                States for the term of the guarantee of the obligation 
                or until the obligation is paid in full, whichever is 
                sooner.''; and
            (2) in subsection (c)--
                    (A) in the subsection heading, by inserting ``and 
                Provide for the Financial Stability of the Obligor'' 
                after ``Interests'';
                    (B) by striking ``provisions for the protection 
                of'' and inserting ``provisions, which shall include--
            ``(1) provisions for the protection of'';
                    (C) by striking ``, and other matters that the 
                Secretary or Administrator may prescribe.'' and 
                inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(2) any other provisions that the Secretary or 
        Administrator may prescribe.''.
    (h) Administrative Fees.--Section 53713 of title 46, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``shall'' and inserting 
                        ``may''; and
                            (ii) by striking ``reasonable for--'' and 
                        inserting ``reasonable for processing the 
                        application and monitoring the loan guarantee, 
                        including for--'';
                    (B) in paragraph (4), by striking ``; and'' and 
                inserting ``or a deposit fund under section 53716 of 
                this title;'';
                    (C) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(6) monitoring and providing services related to the 
        obligor's compliance with any terms related to the obligations, 
        the guarantee, or maintenance of the Secretary or 
        Administrator's security interests under this chapter.''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``under section 
                53708(d) of this title'' and inserting ``under section 
                53703(d) of this title'';
                    (B) by redesignating paragraphs (1) through (3) as 
                subparagraphs (A) through (C), respectively;
                    (C) by striking ``The Secretary'' and inserting the 
                following:
            ``(1) In general.--The Secretary''; and
                    (D) by adding at the end the following:
            ``(2) Fee limitation inapplicable.--Fees collected under 
        this subsection are not subject to the limitation of subsection 
        (b).''.
    (i) Best Practices; Eligible Export Vessels.--Chapter 537 of title 
46, United States Code, is further amended--
            (1) in subchapter I, by adding at the end the following new 
        section:
``Sec. 53719. Best practices
    ``The Secretary or Administrator shall ensure that all standard 
documents and agreements that relate to loan guarantees made pursuant 
to this chapter are reviewed and updated every four years to ensure 
that such documents and agreements meet the current commercial best 
practices to the extent permitted by law.''; and
            (2) in subchapter III, by striking section 53732.
    (j) Express Consideration of Low-Risk Applications.--Not later than 
180 days after the date of enactment of this Act, the Administrator of 
the Maritime Administration shall, in consultation with affected 
stakeholders, create a process for express processing of low-risk 
maritime guaranteed loan applications under chapter 537 of title 46, 
United States Code, based on Federal and industry best practices, 
including proposals to better assist applicants to submit complete 
applications within 6 months of the initial application.
    (k) Congressional Notification.--
            (1) Notification.--Not less than 60 days before 
        reorganizing or consolidating the activities or personnel 
        covered under chapter 537 of title 46, United States Code, the 
        Secretary of Transportation shall notify, in writing, the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives of the proposed reorganization 
        or consolidation.
            (2) Contents.--Each notification under paragraph (1) shall 
        include an evaluation of, and justification for, the 
        reorganization or consolidation.
    (l) Clerical Amendments.--
            (1) The table of sections at the beginning of chapter 537 
        of title 46, United States Code, is amended by inserting after 
        the item relating to section 53718 the following new item:

``53719. Best practices.''.
            (2) The table of sections at the beginning of chapter 537 
        of title 46, United States Code, is further amended by striking 
        the item relating to section 53732.

SEC. 117. TECHNICAL CORRECTIONS.

    (a) The Native American Veterans' Memorial Establishment Act of 
1994.--The Native American Veterans' Memorial Establishment Act of 1994 
(20 U.S.C. 80q-5 note) is amended--
            (1) in section 2, by striking ``Armed Forces'' each place 
        the term appears and inserting ``uniformed services''; and
            (2) in section 3(c), by adding at the end the following:
            ``(3) Any design so selected shall include a representation 
        of all the uniformed services (as that term is defined in 
        section 101(a) of title 10, United States Code).''.
    (b) Office of Personnel Management Guidance.--Not later than 120 
days after the date of enactment of this Act, the Director of the 
Office of Personnel Management, in consultation with the Administrator 
of the Maritime Administration, shall identify key skills and 
competencies necessary to maintain a balance of expertise in merchant 
marine seagoing service and strategic sealift military service in each 
of the following positions within the Office of the Commandant:
            (1) Commandant.
            (2) Deputy Commandant.
            (3) Tactical company officers.
            (4) Regimental officers.
    (c) Sea Year Compliance.--Section 3514(a)(1)(A) of the National 
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 46 
U.S.C. 51318 note) is amended by inserting ``domestic and 
international'' after ``criteria that''.

                      TITLE II--MARITIME SAFE ACT

SEC. 201. SHORT TITLE.

    (a) Short Title.--This title may be cited as the ``Maritime 
Security and Fisheries Enforcement Act'' or the ``Maritime SAFE Act''.

SEC. 202. DEFINITIONS.

    In this title:
            (1) AIS.--The term ``AIS'' means Automatic Identification 
        System (as defined in section 164.46 of title 33, Code of 
        Federal Regulations, or a similar successor regulation).
            (2) Combined maritime forces.--The term ``Combined Maritime 
        Forces'' means the 33-nation naval partnership, originally 
        established in February 2002, which promotes security, 
        stability, and prosperity across approximately 3,200,000 square 
        miles of international waters.
            (3) Exclusive economic zone.--
                    (A) In general.--Unless otherwise specified by the 
                President as being in the public interest in a writing 
                published in the Federal Register, the term ``exclusive 
                economic zone'' means--
                            (i) the area within a zone established by a 
                        maritime boundary that has been established by 
                        a treaty in force or a treaty that is being 
                        provisionally applied by the United States; or
                            (ii) in the absence of a treaty described 
                        in clause (i)--
                                    (I) a zone, the outer boundary of 
                                which is 200 nautical miles from the 
                                baseline from which the breadth of the 
                                territorial sea is measured; or
                                    (II) if the distance between the 
                                United States and another country is 
                                less than 400 nautical miles, a zone, 
                                the outer boundary of which is 
                                represented by a line equidistant 
                                between the United States and the other 
                                country.
                    (B) Inner boundary.--Without affecting any 
                Presidential Proclamation with regard to the 
                establishment of the United States territorial sea or 
                exclusive economic zone, the inner boundary of the 
                exclusive economic zone is--
                            (i) in the case of coastal States, a line 
                        coterminous with the seaward boundary of each 
                        such State (as described in section 4 of the 
                        Submerged Lands Act (43 U.S.C. 1312));
                            (ii) in the case of the Commonwealth of 
                        Puerto Rico, a line that is 3 marine leagues 
                        from the coastline of the Commonwealth of 
                        Puerto Rico;
                            (iii) in the case of American Samoa, the 
                        United States Virgin Islands, and Guam, a line 
                        that is 3 geographic miles from the coastlines 
                        of American Samoa, the United States Virgin 
                        Islands, or Guam, respectively;
                            (iv) in the case of the Commonwealth of the 
                        Northern Mariana Islands--
                                    (I) the coastline of the 
                                Commonwealth of the Northern Mariana 
                                Islands, until the Commonwealth of the 
                                Northern Mariana Islands is granted 
                                authority by the United States to 
                                regulate all fishing to a line seaward 
                                of its coastline; and
                                    (II) upon the United States grant 
                                of the authority described in subclause 
                                (I), the line established by such grant 
                                of authority; or
                            (v) for any possession of the United States 
                        not referred to in clause (ii), (iii), or (iv), 
                        the coastline of such possession.
                    (C) Rule of construction.--Nothing in this 
                paragraph may be construed to diminish the authority of 
                the Department of Defense, the Department of the 
                Interior, or any other Federal department or agency.
            (4) Food security.--The term ``food security'' means access 
        to, and availability, utilization, and stability of, sufficient 
        food to meet caloric and nutritional needs for an active and 
        healthy life.
            (5) Global record of fishing vessels, refrigerated 
        transport vessels, and supply vessels.--The term ``global 
        record of fishing vessels, refrigerated transport vessels, and 
        supply vessels'' means the Food and Agriculture Organization of 
        the United Nations' initiative to rapidly make available 
        certified data from state authorities about vessels and vessel 
        related activities.
            (6) IUU fishing.--The term ``IUU fishing'' means illegal 
        fishing, unreported fishing, or unregulated fishing (as such 
        terms are defined in paragraph 3 of the International Plan of 
        Action to Prevent, Deter, and Eliminate Illegal, Unreported and 
        Unregulated Fishing, adopted at the 24th Session of the 
        Committee on Fisheries in Rome on March 2, 2001).
            (7) Port state measures agreement.--The term ``Port State 
        Measures Agreement'' means the Agreement on Port State Measures 
        to Prevent, Deter, and Eliminate Illegal, Unreported, and 
        Unregulated Fishing set forth by the Food and Agriculture 
        Organization of the United Nations, done at Rome, Italy 
        November 22, 2009, and entered into force June 5, 2016, which 
        offers standards for reporting and inspecting fishing 
        activities of foreign-flagged fishing vessels at port.
            (8) Priority flag state.--The term ``priority flag state'' 
        means a country selected in accordance with section 222(b)(3)--
                    (A) whereby the flagged vessels of which actively 
                engage in, knowingly profit from, or are complicit in 
                IUU fishing; and
                    (B) that is willing, but lacks the capacity, to 
                monitor or take effective enforcement action against 
                its fleet.
            (9) Priority region.--The term ``priority region'' means a 
        region selected in accordance with section 222(b)(2)--
                    (A) that is at high risk for IUU fishing activity 
                or the entry of illegally caught seafood into the 
                markets of countries in the region; and
                    (B) in which countries lack the capacity to fully 
                address the illegal activity described in subparagraph 
                (A).
            (10) Regional fisheries management organization.--The term 
        ``Regional Fisheries Management Organization'' means an 
        intergovernmental fisheries organization or arrangement, as 
        appropriate, that has the competence to establish conservation 
        and management measures.
            (11) Seafood.--The term ``seafood''--
                    (A) means marine finfish, mollusks, crustaceans, 
                and all other forms of marine animal and plant life, 
                including those grown, produced, or reared through 
                marine aquaculture operations or techniques; and
                    (B) does not include marine mammals or birds.
            (12) Seafood fraud.--The term ``seafood fraud'' means the 
        knowing mislabeling or misrepresentation of information 
        regarding seafood or seafood products with the intent to 
        deceive or defraud.
            (13) Seafood traceability program.--The term ``seafood 
        traceability program'' means any program implemented by the 
        National Oceanic and Atmospheric Administration (such as the 
        Seafood Import Monitoring Program) that requires, with respect 
        to seafood and seafood products imported into the United 
        States--
                    (A) permitting, data reporting, and recordkeeping 
                to prevent illegal, unreported, unregulated, or 
                misrepresented seafood from entering United States 
                commerce; and
                    (B) verifying the chain of custody of such seafood, 
                from harvest to point of entry into the United States.
            (14) Transnational organized illegal activity.--The term 
        ``transnational organized illegal activity'' means criminal 
        activity conducted by self-perpetuating associations of 
        individuals who operate transnationally for the purpose of 
        obtaining power, influence, or monetary or commercial gains, 
        wholly or in part by illegal means, while protecting their 
        activities through a pattern of corruption or violence or 
        through a transnational organizational structure and the 
        exploitation of transnational commerce or communication 
        mechanisms.
            (15) Transshipment.--The term ``transshipment'' means the 
        use of refrigerated vessels that--
                    (A) collect catch from multiple fishing boats;
                    (B) carry the accumulated catches back to port; and
                    (C) deliver supplies to fishing boats, which allows 
                fishing vessels to remain at sea for extended periods 
                without coming into port.

SEC. 203. FINDINGS.

    Congress makes the following findings:
            (1) In a report titled, ``Global Implications of Illegal, 
        Unreported, and Unregulated (IUU) Fishing'', the Office of the 
        Director of National Intelligence identified IUU fishing as--
                    (A) a threat to the national security of the United 
                States; and
                    (B) a challenge to peace and stability in regions 
                of importance to the United States.
            (2) Executive Order 13773 (82 Fed. Reg. 10691), issued on 
        February 9, 2017, calls for a comprehensive approach by the 
        Federal Government to combat crime syndicates, including 
        transnational organized illegal activities that may be 
        associated with IUU fishing.
            (3) It is estimated that the value of IUU fishing may 
        exceed $1,000,000,000 annually in unlawful or undocumented 
        revenue and may sometimes be linked to transnational organized 
        illegal activities, including weapons, drug, and human 
        trafficking.
            (4) IUU fishing--
                    (A) undermines the business of legitimate workers 
                in the seafood industry; and
                    (B) can create inaccurate population estimates for 
                fish and other seafood species.
            (5) Marine fisheries employ millions of people worldwide, 
        the livelihoods of whom can be negatively impacted by IUU 
        fishing and associated transnational organized illegal 
        activities.
            (6) IUU fishing vessels play a significant role in other 
        forms of trafficking, particularly drug trafficking. The 
        Department of Justice has documented numerous cases of illicit 
        fishing ships involved in trafficking cocaine, heroin, and 
        cannabis from South America to the United States.
            (7) By introducing cheaper, illegal products into the 
        global market, IUU fishing undercuts the business and economic 
        livelihoods of legitimate fishermen in the United States and 
        around the world.
            (8) In the United States and around the world, seafood 
        fraud undermines the economic viability of fisheries and 
        deceives consumers about their purchasing choices.
            (9) Competition over seafood resources can lead to 
        heightened tensions, conflict, and geostrategic instability in 
        regions of importance to the United States.

SEC. 204. PURPOSES.

    The purposes of this title are--
            (1) to support a whole-of-government approach across the 
        Federal Government to counter IUU fishing and related threats 
        to maritime security;
            (2) to improve data sharing that enhances surveillance, 
        enforcement, and prosecution against IUU fishing and related 
        activities at a global level;
            (3) to support coordination and collaboration to counter 
        IUU fishing and seafood fraud within priority regions;
            (4) to increase and improve global transparency and 
        traceability across the seafood supply chain as--
                    (A) a deterrent to IUU fishing and seafood fraud; 
                and
                    (B) a tool for strengthening fisheries management 
                and food security;
            (5) to improve global enforcement operations against IUU 
        fishing through a whole-of-government approach by the United 
        States; and
            (6) to prevent the use of IUU fishing as a financing source 
        for transnational organized groups that undermine United States 
        and global security interests.

SEC. 205. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to take action to curtail the global trade in seafood 
        and seafood products derived from IUU fishing, including its 
        links to forced labor and transnational organized illegal 
        activity;
            (2) to develop holistic diplomatic, military, law 
        enforcement, economic, and capacity-building tools to counter 
        IUU fishing;
            (3) to provide technical and other forms of assistance to 
        countries in priority regions and priority flag states to 
        combat IUU fishing and seafood fraud, including assistance--
                    (A) to increase local, national, and regional level 
                capacities to counter IUU fishing through the 
                engagement of law enforcement and security forces;
                    (B) to enhance port capacity and security, 
                including through support to implement the Port State 
                Measures Agreement;
                    (C) to combat corruption and increase transparency 
                and traceability in fisheries management and trade;
                    (D) to enhance information sharing within and 
                across governments and multilateral organizations 
                through the development and use of agreed standards for 
                information sharing; and
                    (E) to support effective, science-based fisheries 
                management regimes that promote legal and safe 
                fisheries and act as a deterrent to IUU fishing;
            (4) to promote global maritime security through improved 
        capacity and technological assistance to support improved 
        maritime domain awareness;
            (5) to engage with priority flag states to encourage the 
        use of high quality vessel tracking technologies where existing 
        enforcement tools are lacking;
            (6) to engage with multilateral organizations working on 
        fisheries issues, including Regional Fisheries Management 
        Organizations and the Food and Agriculture Organization of the 
        United Nations, to combat and deter IUU fishing;
            (7) to advance information sharing across governments and 
        multilateral organizations in areas that cross multiple 
        jurisdictions, through the development and use of an agreed 
        standard for information sharing;
            (8) to continue to use existing and future trade agreements 
        to combat IUU fishing;
            (9) to employ appropriate assets and resources of the 
        United States Government in a coordinated manner to disrupt the 
        illicit networks involved in IUU fishing;
            (10) to continue to declassify and make available, as 
        appropriate and practicable, technologies developed by the 
        United States Government that can be used to help counter IUU 
        fishing;
            (11) to recognize the ties of IUU fishing to transnational 
        organized illegal activity, including human trafficking and 
        illegal trade in narcotics and arms, and as applicable, to 
        focus on illicit activity in a coordinated, cross-cutting 
        manner;
            (12) to recognize and respond to poor working conditions, 
        labor abuses, and other violent crimes in the fishing industry;
            (13) to increase and improve global transparency and 
        traceability along the seafood supply chain as--
                    (A) a deterrent to IUU fishing; and
                    (B) an approach for strengthening fisheries 
                management and food security; and
            (14) to promote technological investment and innovation to 
        combat IUU fishing.

   Subtitle A--Programs To Combat IUU Fishing and Increase Maritime 
                                Security

SEC. 211. COORDINATION WITH INTERNATIONAL ORGANIZATIONS.

    The Secretary of State, in conjunction with the Secretary of 
Commerce, shall coordinate with Regional Fisheries Management 
Organizations and the Food and Agriculture Organization of the United 
Nations, and may coordinate with other relevant international 
governmental or nongovernmental organizations, or the private sector, 
as appropriate, to enhance regional responses to IUU fishing and 
related transnational organized illegal activities.

SEC. 212. ENGAGEMENT OF DIPLOMATIC MISSIONS OF THE UNITED STATES.

    Not later than 1 year after the date of the enactment of this 
title, each chief of mission (as defined in section 102 of the Foreign 
Service Act of 1980 (22 U.S.C. 3902)) to a relevant country in a 
priority region or to a priority flag state may, if the Secretary of 
State determines such action is appropriate--
            (1) convene a working group, led by Department of State 
        officials, to examine IUU fishing, which may include 
        stakeholders such as--
                    (A) United States officials from relevant agencies 
                participating in the interagency working group 
                identified in section 221, foreign officials, 
                nongovernmental organizations, the private sector, and 
                representatives of local fishermen in the region; and
                    (B) experts on IUU fishing, law enforcement, 
                criminal justice, transnational organized illegal 
                activity, defense, intelligence, vessel movement 
                monitoring, and international development operating in 
                or with knowledge of the region; and
            (2) designate a counter-IUU Fishing Coordinator from among 
        existing personnel at the mission if the chief of mission 
        determines such action is appropriate.

SEC. 213. ASSISTANCE BY FEDERAL AGENCIES TO IMPROVE LAW ENFORCEMENT 
              WITHIN PRIORITY REGIONS AND PRIORITY FLAG STATES.

    (a) In General.--The Secretary of State, in collaboration with the 
Secretary of Commerce and the Secretary of the department in which the 
Coast Guard is operating, shall provide assistance, as appropriate, in 
accordance with this section.
    (b) Law Enforcement Training and Coordination Activities.--The 
officials referred to in subsection (a) shall evaluate opportunities to 
provide assistance, as appropriate, to countries in priority regions 
and priority flag states to improve the effectiveness of IUU fishing 
enforcement, with clear and measurable targets and indicators of 
success, including--
            (1) by assessing and using existing resources, enforcement 
        tools, and legal authorities to coordinate efforts to combat 
        IUU fishing with efforts to combat other illegal trade, 
        including weapons, drugs, and human trafficking;
            (2) by expanding existing IUU fishing enforcement training;
            (3) by providing targeted, country- and region-specific 
        training on combating IUU fishing;
            (4) by supporting increased effectiveness and transparency 
        of the fisheries enforcement sectors of the governments of such 
        countries; and
            (5) by supporting increased outreach to stakeholders in the 
        affected communities as key partners in combating and 
        prosecuting IUU fishing.
    (c) Port Security Assistance.--The officials referred to in 
subsection (a) shall evaluate opportunities to provide assistance, as 
appropriate, to countries in priority regions and priority flag states 
to help those states implement programs related to port security and 
capacity for the purposes of preventing IUU fishing products from 
entering the global seafood market, including support for implementing 
the Port State Measures Agreement.
    (d) Capacity Building for Investigations and Prosecutions.--The 
officials referred to in subsection (a), in collaboration with the 
governments of countries in priority regions and of priority flag 
states, shall evaluate opportunities to assist those countries in 
designing and implementing programs in such countries, as appropriate, 
to increase the capacity of IUU fishing enforcement and customs and 
border security officers to improve their ability--
            (1) to conduct effective investigations, including using 
        law enforcement techniques such as undercover investigations 
        and the development of informer networks and actionable 
        intelligence;
            (2) to conduct vessel boardings and inspections at sea and 
        associated enforcement actions;
            (3) to exercise existing shiprider agreements and to enter 
        into and implement new shiprider agreements, as appropriate;
            (4) to conduct vessel inspections at port and associated 
        enforcement actions;
            (5) to assess technology needs and promote the use of 
        technology to improve monitoring, enforcement, and prosecution 
        of IUU fishing;
            (6) to conduct DNA-based and forensic identification of 
        seafood used in trade;
            (7) to conduct training on techniques, such as collecting 
        electronic evidence and using computer forensics, for law 
        enforcement personnel involved in complex investigations 
        related to international matters, financial issues, and 
        government corruption that include IUU fishing;
            (8) to assess financial flows and the use of financial 
        institutions to launder profits related to IUU fishing;
            (9) to conduct training on the legal mechanisms that can be 
        used to prosecute those identified in the investigations as 
        alleged perpetrators of IUU fishing and other associated crimes 
        such as trafficking and forced labor; and
            (10) to conduct training to raise awareness of the use of 
        whistleblower information and ways to incentivize 
        whistleblowers to come forward with original information 
        related to IUU fishing.
    (e) Capacity Building for Information Sharing.--The officials 
referred to in subsection (a) shall evaluate opportunities to provide 
assistance, as appropriate, to key countries in priority regions and 
priority flag states in the form of training, equipment, and systems 
development to build capacity for information sharing related to 
maritime enforcement and port security.
    (f) Coordination With Other Relevant Agencies.--The Secretary of 
State, in collaboration with the Secretary of the department in which 
the Coast Guard is operating and the Secretary of Commerce, shall 
coordinate with other relevant agencies, as appropriate, in accordance 
with this section.

SEC. 214. EXPANSION OF EXISTING MECHANISMS TO COMBAT IUU FISHING.

    The Secretary of State, the Administrator of the United States 
Agency for International Development, the Secretary of the Department 
in which the Coast Guard is operating, the Secretary of Defense, the 
Secretary of Commerce, the Attorney General, and the heads of other 
appropriate Federal agencies shall assess opportunities to combat IUU 
fishing by expanding, as appropriate, the use of the following 
mechanisms:
            (1) Including counter-IUU fishing in existing shiprider 
        agreements in which the United States is a party.
            (2) Entering into shiprider agreements that include 
        counter-IUU fishing with priority flag states and countries in 
        priority regions with which the United States does not already 
        have such an agreement.
            (3) Including counter-IUU fishing as part of the mission of 
        the Combined Maritime Forces.
            (4) Including counter-IUU fishing exercises in the annual 
        at-sea exercises conducted by the Department of Defense, in 
        coordination with the United States Coast Guard.
            (5) Creating partnerships similar to the Oceania Maritime 
        Security Initiative and the Africa Maritime Law Enforcement 
        Partnership in other priority regions.

SEC. 215. IMPROVEMENT OF TRANSPARENCY AND TRACEABILITY PROGRAMS.

    The Secretary of State, the Administrator of the United States 
Agency for International Development, the Secretary of the Department 
in which the Coast Guard is operating, the Secretary of Commerce, and 
the heads of other Federal agencies, if merited, shall work, as 
appropriate, with priority flag states and key countries in priority 
regions--
            (1) to increase knowledge within such countries about the 
        United States transparency and traceability standards for 
        imports of seafood and seafood products;
            (2) to improve the capacity of seafood industries within 
        such countries through information sharing and training to meet 
        the requirements of transparency and traceability standards for 
        seafood and seafood product imports, including catch 
        documentation and trade tracking programs adopted by relevant 
        regional fisheries management organizations;
            (3) to improve the capacities of government, industry, and 
        civil society groups to develop and implement comprehensive 
        traceability systems that--
                    (A) deter IUU fishing;
                    (B) strengthen fisheries management; and
                    (C) enhance maritime domain awareness; and
            (4) to support the implementation of seafood traceability 
        standards in such countries to prevent IUU fishing products 
        from entering the global seafood market and assess capacity and 
        training needs in those countries.

SEC. 216. TECHNOLOGY PROGRAMS.

    The Secretary of State, the Administrator of the United States 
Agency for International Development, the Secretary of the Department 
in which the Coast Guard is operating, the Secretary of Defense, the 
Secretary of Commerce, and the heads of other Federal agencies, as 
appropriate, shall pursue programs to expand the role of technology for 
combating IUU fishing, including by--
            (1) promoting the use of technology to combat IUU fishing;
            (2) assessing the technology needs, including vessel 
        tracking technologies and data sharing, in priority regions and 
        priority flag states;
            (3) engaging with priority flag states to encourage the 
        mandated use of vessel tracking technologies, including vessel 
        monitoring systems, AIS, or other vessel movement monitoring 
        technologies on fishing vessels and transshipment vessels at 
        all times, as appropriate, while at sea as a means to identify 
        IUU fishing activities and the shipment of illegally caught 
        fish products; and
            (4) building partnerships with the private sector, 
        including universities, nonprofit research organizations, the 
        seafood industry, and the technology, transportation and 
        logistics sectors, to leverage new and existing technologies 
        and data analytics to address IUU fishing.

SEC. 217. INFORMATION SHARING.

    The Director of National Intelligence, in conjunction with other 
agencies, as appropriate, shall develop an enterprise approach to 
appropriately share information and data within the United States 
Government or with other countries or nongovernmental organizations, or 
the private sector, as appropriate, on IUU fishing and other connected 
transnational organized illegal activity occurring in priority regions 
and elsewhere, including big data analytics and machine learning.

 Subtitle B--Establishment of Interagency Working Group on IUU Fishing

SEC. 221. INTERAGENCY WORKING GROUP ON IUU FISHING.

    (a) In General.--There is established a collaborative interagency 
working group on maritime security and IUU fishing (referred to in this 
title as the ``Working Group'').
    (b) Members.--The members of the Working Group shall be composed 
of--
            (1) 1 chair, who shall rotate between the Coast Guard, the 
        Department of State, and the National Oceanographic and 
        Atmospheric Administration on a 3-year term;
            (2) 2 deputy chairs, who shall be appointed by their 
        respective agency heads and shall be from a different 
        Department than that of the chair, from--
                    (A) the Coast Guard;
                    (B) the Department of State; and
                    (C) the National Oceanic and Atmospheric 
                Administration;
            (3) 12 members, who shall be appointed by their respective 
        agency heads, from--
                    (A) the Department of Defense;
                    (B) the United States Navy;
                    (C) the United States Agency for International 
                Development;
                    (D) the United States Fish and Wildlife Service;
                    (E) the Department of Justice;
                    (F) the Department of the Treasury;
                    (G) U.S. Customs and Border Protection;
                    (H) U.S. Immigration and Customs Enforcement;
                    (I) the Federal Trade Commission;
                    (J) the National Institute of Food and Agriculture;
                    (K) the Food and Drug Administration; and
                    (L) the Department of Labor;
            (4) 1 or more members from the intelligence community (as 
        defined in section 3 of the National Security Act of 1947 (50 
        U.S.C. 3003)), who shall be appointed by the Director of 
        National Intelligence; and
            (5) 5 members, who shall be appointed by the President, 
        from--
                    (A) the National Security Council;
                    (B) the Council on Environmental Quality;
                    (C) the Office of Management and Budget;
                    (D) the Office of Science and Technology Policy; 
                and
                    (E) the Office of the United States Trade 
                Representative.
    (c) Responsibilities.--The Working Group shall ensure an 
integrated, Federal Governmentwide response to IUU fishing globally, 
including by--
            (1) improving the coordination of Federal agencies to 
        identify, interdict, investigate, prosecute, and dismantle IUU 
        fishing operations and organizations perpetrating and knowingly 
        benefiting from IUU fishing;
            (2) assessing areas for increased interagency information 
        sharing on matters related to IUU fishing and related crimes;
            (3) establishing standards for information sharing related 
        to maritime enforcement;
            (4) developing a strategy to determine how military assets 
        and intelligence can contribute to enforcement strategies to 
        combat IUU fishing;
            (5) increasing maritime domain awareness relating to IUU 
        fishing and related crimes and developing a strategy to 
        leverage awareness for enhanced enforcement and prosecution 
        actions against IUU fishing;
            (6) supporting the implementation of the Port State 
        Measures Agreement in relevant countries and assessing the 
        capacity and training needs in such countries;
            (7) outlining a strategy to coordinate, increase, and use 
        shiprider agreements between the Department of Defense or the 
        Coast Guard and relevant countries;
            (8) enhancing cooperation with partner governments to 
        combat IUU fishing;
            (9) identifying opportunities for increased information 
        sharing between Federal agencies and partner governments 
        working to combat IUU fishing;
            (10) consulting and coordinating with the seafood industry 
        and nongovernmental stakeholders that work to combat IUU 
        fishing;
            (11) supporting the work of collaborative international 
        initiatives to make available certified data from state 
        authorities about vessel and vessel-related activities related 
        to IUU fishing;
            (12) supporting the identification and certification 
        procedures to address IUU fishing in accordance with the High 
        Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
        1826d et seq.); and
            (13) developing a strategy for raising domestic awareness 
        of the issues relating to IUU fishing, including publishing 
        annual reports summarizing nonsensitive information about the 
        Working Group's efforts to investigate, enforce, and prosecute 
        groups and individuals engaging in IUU fishing.

SEC. 222. STRATEGIC PLAN.

    (a) Strategic Plan.--Not later than 2 years after the date of the 
enactment of this title, the Working Group, after consultation with the 
relevant stakeholders, shall submit to Congress a 5-year integrated 
strategic plan on combating IUU fishing and enhancing maritime 
security, including specific strategies with monitoring benchmarks for 
addressing IUU fishing in priority regions.
    (b) Identification of Priority Regions and Priority Flag States.--
            (1) In general.--The strategic plan submitted under 
        subsection (a) shall identify priority regions and priority 
        flag states to be the focus of assistance coordinated by the 
        Working Group under section 221.
            (2) Priority region selection criteria.--In selecting 
        priority regions under paragraph (1), the Working Group shall 
        select regions that--
                    (A) are at high risk for IUU fishing activity or 
                the entry of illegally caught seafood into their 
                markets; and
                    (B) lack the capacity to fully address the issues 
                described in subparagraph (A).
            (3) Priority flag states selection criteria.--In selecting 
        priority flag states under paragraph (1), the Working Group 
        shall select countries--
                    (A) the flagged vessels of which actively engage 
                in, knowingly profit from, or are complicit in IUU 
                fishing; and
                    (B) that lack the capacity to police their fleet.

SEC. 223. REPORTS.

    Not later than 5 years after the submission of the 5-year 
integrated strategic plan under section 222, and every 5 years 
thereafter, 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 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 that contains--
            (1) a summary of global and regional trends in IUU fishing;
            (2) an assessment of the extent of the convergence between 
        transnational organized illegal activity, including human 
        trafficking and forced labor, and IUU fishing;
            (3) an assessment of the topics, data sources, and 
        strategies that would benefit from increased information 
        sharing and recommendations regarding harmonization of data 
        collection and sharing;
            (4) an assessment of assets, including military assets and 
        intelligence, which can be used for either enforcement 
        operations or strategies to combat IUU fishing;
            (5) summaries of the situational threats with respect to 
        IUU fishing in priority regions and an assessment of the 
        capacity of countries within such regions to respond to those 
        threats;
            (6) an assessment of the progress of countries in priority 
        regions in responding to those threats as a result of 
        assistance by the United States pursuant to the strategic plan 
        developed under section 222, including--
                    (A) the identification of--
                            (i) relevant supply routes, ports of call, 
                        methods of landing and entering illegally 
                        caught product into legal supply chains, and 
                        financial institutions used in each country by 
                        participants engaging in IUU fishing; and
                            (ii) indicators of IUU fishing that are 
                        related to money laundering;
                    (B) an assessment of the adherence of countries in 
                priority regions to international treaties related to 
                IUU fishing, including the Port State Measures 
                Agreement;
                    (C) an assessment of the implementation by 
                countries in priority regions of seafood traceability 
                or capacity to apply traceability to verify the 
                legality of catch and strengthen fisheries management;
                    (D) an assessment of the capacity of countries in 
                priority regions to implement shiprider agreements;
                    (E) an assessment of the capacity of countries in 
                priority regions to increase maritime domain awareness; 
                and
                    (F) an assessment of the capacity of governments of 
                relevant countries in priority regions to sustain the 
                programs for which the United States has provided 
                assistance under this title;
            (7) an assessment of the capacity of priority flag states 
        to track the movement of and police their fleet, prevent their 
        flagged vessels from engaging in IUU fishing, and enforce 
        applicable laws and regulations; and
            (8) an assessment of the extent of involvement in IUU 
        fishing of organizations designated as foreign terrorist 
        organizations under section 219 of the Immigration and 
        Nationality Act (8 U.S.C. 1189).

SEC. 224. GULF OF MEXICO IUU FISHING SUBWORKING GROUP.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this title, the Administrator of the National Oceanic and 
Atmospheric Administration, in coordination with the Coast Guard and 
the Department of State, shall establish a subworking group to address 
IUU fishing in the exclusive economic zone of the United States in the 
Gulf of Mexico.
    (b) Functions.--The subworking group established under subsection 
(a) shall identify--
            (1) Federal actions taken and policies established during 
        the 5-year period immediately preceding the date of the 
        enactment of this title with respect to IUU fishing in the 
        exclusive economic zone of the United States in the Gulf of 
        Mexico, including such actions and policies related to--
                    (A) the surveillance, interdiction, and prosecution 
                of any foreign nationals engaged in such fishing; and
                    (B) the application of the provisions of the High 
                Seas Driftnet Fishing Moratorium Protection Act (16 
                U.S.C. 1826d et seq.) to any relevant nation, including 
                the status of any past or ongoing consultations and 
                certification procedures;
            (2) actions and policies, in addition to the actions and 
        policies described in paragraph (1), each of the Federal 
        agencies described in subsection (a) can take, using existing 
        resources, to combat IUU fishing in the exclusive economic zone 
        of the United States in the Gulf of Mexico; and
            (3) any additional authorities that could assist each such 
        agency in more effectively addressing such IUU fishing.
    (c) Report.--Not later than 1 year after the IUU Fishing Subworking 
Group is established under subsection (a), the group shall submit a 
report to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Natural Resources of the House of 
Representatives that contains--
            (1) the findings identified pursuant to subsection (b); and
            (2) a timeline for each of the Federal agencies described 
        in subsection (a) to implement each action or policy identified 
        pursuant to subsection (b)(2).

              Subtitle C--Authorization of Appropriations

SEC. 231. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the activities required under this title.
                                 <all>