II 118th CONGRESS 1st Session S. 3417 IN THE SENATE OF THE UNITED STATES December 6, 2023 Mr. Cotton (for himself, Mrs. Hyde-Smith , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prohibit the importation of seafood and aquaculture products from the People's Republic of China.

1. Short title This Act may be cited as the Ban China’s Forbidden Operations in the Oceanic Domain Act or the Ban C-FOOD Act . 2. Prohibition on importation of seafood and aquaculture products from the People's Republic of China (a) In general During the period described in subsection (b), the importation of seafood and aquaculture products that originate in the People's Republic of China is prohibited. (b) Period described The period described in this subsection is the period— (1) beginning on the date that is one year after the date of the enactment of this Act; and (2) ending on the date on which all of the certifications described in subsection (c) have been submitted to Congress. (c) Certifications described The certifications described in this subsection are the following: (1) A certification by the Secretary of State that neither the fishing fleets nor the aquaculture industry of the People's Republic of China are meaningfully using forced labor. (2) A certification by the Secretary of Commerce that the Government of the People's Republic of China is not subsidizing those fleets or that industry beyond international norms. (3) A certification by the Secretary of Defense that the fishing fleets of the People's Republic of China will not be used in an invasion of Taiwan. 3. Imposition of sanctions with respect to entities facilitating transshipment (a) In general The Secretary of the Treasury shall impose the sanctions described in subsection (b) with respect to each person that the Secretary determines knowingly participates in the transshipment, during the period described in section 2(b), of seafood or aquaculture products that originate in the People's Republic of China into the United States in violation of section 2(a). (b) Sanctions described The Secretary shall, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), block and prohibit all transactions in property and interests in property of a foreign person described in subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (c) Implementation; penalties (1) Implementation The Secretary may exercise the authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to the extent necessary to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (d) United states person defined In this section, the term United States person means— (1) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (2) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or (3) any person in the United States. 4. Imposition of duties to prevent transshipment During the period described in section 2(b), the United States Trade Representative shall impose such duties with respect to seafood and aquaculture products as the Trade Representative determines necessary— (1) to prevent the transshipment into the United States of such products that originate in the People's Republic of China in violation of section 2(a); and (2) to penalize countries that facilitate such transshipment. 5. Report on combating abuses of fishing fleets and aquaculture industry of the People's Republic of China Not later than 90 days after the date of the enactment of this Act, the President shall submit to Congress a report that— (1) describes in detail— (A) all efforts of the executive branch to combat illegal fishing and the use of forced labor by the fishing fleets and aquaculture industry of the People's Republic of China; and (B) the funds and other resources allocated to such efforts; and (2) includes requests for the additional funding, resources, and authorities necessary to combat illegal fishing and the use of forced labor by the fishing fleets and aquaculture industry of the People's Republic of China.