,,ib ,union ,calendar ,no4 #dic #aagth ,,congress #b;d ,session ,h4 ,r4 #cjge ,report ,no4 #aag-fgd1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,may #aa1 #bjba,mr4 ,huffman 7for himself and ,mr4 ,graves of ,louisiana7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on ,ways and ,means1 ,transportation and ,infrastructure1 ,agriculture1 and ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,december #cj1 #bjbb;,additional sponsors3 ,mr4 ,palazzo1 ,mr4 ,case1 ,ms4 ,norton1 ,mr4 ,lowenthal1 ,ms4 ,barragn1 ,mr4 ,blumenauer1 ,mr4 ,moore of ,alabama1 ,mr4 ,de,fazio1 ,ms4 ,titus1 ,mr4 ,sablan1 ,ms4 ,ross1 ,ms4 ,brownley1 ,mr4 ,fitzpatrick1 ,mr4 ,quigley1 ,mr4 ,kilmer1 ,ms4 ,jayapal1 ,mr4 ,crist1 and ,mr4 ,mrvan ,december #cj1 #bjbb,reported from the ,committee on ,natural ,resources with an amendment,strike out all after the enacting clause and insert the part printed in italic ,december #cj1 #bjbb ,committees on ,ways and ,means1 ,transportation and ,infrastructure1 ,agriculture1 and ,energy and ,commerce discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,for text of introduced bill1 see copy of bill as introduced on ,may #aa1 #bjba ,a ,,bill ,to address seafood slavery and combat illegal1 unreported1 or unregulated fishing1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,illegal ,fishing and ,forced ,labor ,prevention ,act4 #b4 ,definitions ,in this ,act1 the following definitions apply3 7#a7 ,oppressive ,child labor ,the term oppressive child labor has the meaning given such term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#b7 ,forced labor ,the term forced labor means any labor or service provided for or obtained by any means described in section #aehi7;a7 of title #ah1 ,united ,states ,code4 7#c7 ,human trafficking ,the term human trafficking has the meaning given the term severe forms of trafficking in persons in section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb74 7#d7 ,illegal1 unreported1 or unregulated fishing ,the term illegal1 unreported1 or unregulated fishing has the meaning given such term in section #fji of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7e771 as amended by this ,act4 7#e7 ,seafood ,the term seafood means fish meal1 and all marine animal and plant life meant for consumption as food other than marine mammals and birds1 including fish1 shellfish1 shellfish products1 and processed fish4 7#f7 ,seafood fraud ,the term seafood fraud means the mislabeling or misrepresentation of the information required under this ,act or other any other ,federal law or international agreement 7other than this ,act7 pertaining to the import1 export1 transport1 sale1 harvest1 processing1 or trade of seafood1 including-- 7,a7 the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq472 7,b7 the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccga et seq472 7,c7 the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq472 7,d7 the ,,fda ,food ,safety ,modernization ,act 7,public ,law #aaa-cec72 7,e7 the ,fair ,packaging and ,labeling ,act 7#ae ,u4,s4,c4 #adea et seq472 7,f7 subtitle ,d of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afch et seq472 7,g7 parts #fj and #fe of title #g1 ,code of ,federal ,regulations 7or any successor regulations72 7,h7 part #abc of title #ba1 ,code of ,federal ,regulations 7or any successor regulations72 and 7,i7 section #baf4bd of title #ej1 ,code of ,federal ,regulations4 7#g7 ,seafood ,import ,monitoring ,program ,the term ,seafood ,import ,monitoring ,program means the ,seafood ,traceability ,program established under section #cjj4cbd of title #ej1 ,code of ,federal ,regulations4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,commerce1 acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 ,i ,combating ,human ,trafficking through ,seafood ,import ,monitoring #aja4 ,definitions ,in this title1 the following additional definitions apply3 7#a7 ,competent authority ,the term competent authority means government and any third party that meets certain governing criteria4 ,such criteria shall be established by regulation1 after outreach to key environmental and labor stakeholders4 7#b7 ,unique vessel identifier ,the term unique vessel identifier means a unique number that stays with a vessel for the duration of the vessel's life1 regardless of changes in flag1 ownership1 name1 or other changes to the vessel4 #ajb4 ,expansion of ,seafood ,import ,monitoring ,program to all species ,the ,secretary shall1 not later than #b years after the date of enactment of this ,act1 expand the ,seafood ,import ,monitoring ,program to apply to all seafood and seafood products imported into the ,united ,states4 #ajc4 ,enhancement of ,seafood ,import ,monitoring ,program ,automated ,commercial ,environment ,message ,set ,the ,secretary of ,commerce1 acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 in coordination with the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 shall1 not later than #f months after the date of enactment of this ,act1 develop a strategy to improve the quality and verifiability of already collected ,seafood ,import ,monitoring ,program ,message ,set data elements in the ,automated ,commercial ,environment system that prioritizes the use of enumerated data types1 such as checkboxes1 dropdown menus1 or radio buttons1 and any additional elements the ,agency finds necessary1 among other options1 rather than open text fields1 for-- 7#a7 authorization to fish2 7#b7 unique vessel identifier 7if available72 7#c7 catch document identifier2 7#d7 location of wild-capture harvest and landing or aquaculture location2 7#e7 type of fishing gear used to harvest the fish2 7#f7 name of farm or aquaculture facility1 if applicable2 and 7#g7 location of aquaculture facility1 if applicable4 #ajd4 ,additional data requirements for ,seafood ,import ,monitoring ,program data collection 7a7 ,in general ,not later than one year after date of enactment of this ,act1 the ,secretary shall revise section #cjj4cbd of title #ej1 ,code of ,federal ,regulations1 to-- 7#a7 require at the time of entry for imported seafood and seafood products-- 7,a7 location of catch or cultivation1 including-- 7i7 geographic location at a resolution of not less than #a degree latitude by #a degree longitude2 7ii7 the country code of the ,international ,organization for ,standardization if the catch was within the exclusive economic zone or territorial waters of a country2 7iii7 if appropriate1 the regional fisheries management organization or organizations having jurisdiction over the catch1 if it occurs within the jurisdiction of any regional fisheries management organization2 and 7iv7 the ,food and ,agriculture ,organization major fishing area codes2 7,b7 electronic reports of chain-of-custody records that identify1 including with unique vessel identifiers when applicable1 each custodian of the seafood1 including transshippers1 processors1 storage facilities1 and distributors and the physical address of such facilities2 7,c7 maritime mobile service identity number of harvesting and transshipment vessels2 and 7,d7 beneficial owner of each harvesting and transshipment vessel or aquaculture facility1 when applicable2 7#b7 require all importers submitting seafood import data to require prior notification and submission of seafood import data at least #gb hours and no more than #ae days prior to entry2 and 7#c7 require verification and certification of harvest information by competent authorities at all major transfer points in the supply chain1 including harvest1 landing1 processing1 and transshipment at the time of entry4 7b7 ,forced labor ,the ,secretary1 working in direct consultation with the ,secretary of ,homeland ,security1 ,department of ,labor1 and ,department of ,state1 shall1 not later than one year after the date of enactment of this ,act1 complete a regulatory process to establish additional key data elements for the ,seafood ,import ,monitoring ,program1 that collect information about labor conditions in the harvest1 transshipment1 and processing of imported fish and fish products4 7c7 ,international ,fisheries ,trade ,permit ,not later than one year after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 publish and maintain on the website of the ,national ,marine ,fisheries ,service a list of all current ,international ,fisheries ,trade ,permit holders1 including the name of the permit holder and expiration date of the permit2 7#b7 begin to revoke1 modify1 or deny issuance of an ,international ,fisheries ,trade with respect to a permit holder or applicant that has violated any requirement of section #cjj4cbb1 #cjj4cbc1 #cjj4cbd1 or #cjj4cbe of title #ej1 ,code of ,federal ,regulations2 and 7#c7 require an ,international ,fisheries ,trade ,permit for importers4 #aje4 ,efforts to improve detection of at-risk seafood imports ,the ,secretary of ,commerce1 in consultation with the ,secretary of ,homeland ,security1 ,secretary of ,labor1 and the ,secretary of ,state1 shall1 not later than one year after the date of enactment of this ,act1 finalize a detailed strategic plan to develop1 mature1 and adopt artificial intelligence and machine learning technologies to detect imports of fish and fish products at risk of being associated with illegal1 unreported1 or unregulated fishing1 human trafficking1 forced labor1 and seafood fraud1 and provide a detailed report of such strategic plan to the ,committee on ,natural ,resources of the ,house of ,representatives1 and ,committee on ,commerce of the ,senate4 #ajf4 ,import audits 7a7 ,audit procedures ,the ,secretary shall1 not later than #a year after the date of enactment of this ,act1 implement procedures to audit information and supporting records of sufficient numbers of imports of seafood and seafood products subject to the ,seafood ,import ,monitoring ,program to support statistically robust conclusions that the samples audited are representative of all seafood imports with respect to a given year4 7b7 ,annual revision ,in developing the procedures required in subsection 7a71 the ,secretary shall1 not less frequently than once each year1 revise such procedures to prioritize for audit those imports originating from countries-- 7#a7 identified pursuant to sections #fji7;b7 or #faj7;a7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7b7 or #ahbfk7a77 that have not yet received a subsequent positive certification pursuant to sections #fji7;d7 or #faj7;c7 of such ,act1 respectively2 7#b7 identified by an appropriate regional fishery management organization as being the flag state or landing location of vessels identified by other countries or regional fisheries management organizations as engaging in illegal1 unreported1 or unregulated fishing2 7#c7 identified as having human trafficking1 including forced labor1 in any part of the seafood supply chain1 including on vessels flagged in such country and including feed for cultured production1 in the most recent ,trafficking in ,persons ,report issued by the ,department of ,state in accordance with the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gaja et seq472 7#d7 identified as producing goods that contain seafood using forced labor or oppressive child labor in the most recent ,list of ,goods ,produced by ,child ,labor or ,forced ,labor in accordance with the ,trafficking ,victims ,protection ,act 7#bb ,u4,s4,c4 #gaja et seq472 and 7#e7 identified as at risk for human trafficking1 including forced labor1 in their seafood catching and processing industries by the report required in section #cefc of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib74 #ajg4 ,interagency coordination ,the ,secretary shall coordinate with the relevant agencies to ensure that data elements described in this title can be submitted through the ,international ,trade ,data ,system ,automated ,commercial ,environment to ,u4,s4 ,customs and ,border ,protection4 #ajh4 ,availability of fisheries information 7a7 ,in general ,section #djb7;b77#a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahha;a7b77#a77 is amended by striking or after the semicolon at the end of subparagraph 7,g71 by striking the period at the end of subparagraph 7,h7 and inserting 2 or 1 and by adding at the end the following3 7,i7 to ,federal agencies responsible for screening of imported seafood and for the purpose of carrying out the duties under or with respect to-- 7i7 the ,seafood ,import ,monitoring ,program2 7ii7 the ,antarctic ,marine ,living ,resources ,program2 7iii7 the ,tuna ,tracking and ,verification ,program2 7iv7 the ,atlantic ,highly ,migratory ,species ,international ,trade ,program2 7v7 the ,list of ,goods ,produced by ,child ,labor or ,forced ,labor in accordance with the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gaja et seq472 7vi7 the ,trafficking in ,persons ,report required by section #aaj of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajg72 7vii7 enforcement activities and regulations authorized under section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg72 and 7viii7 the taking and related acts in commercial fishing operations under section #baf4bd of title #ej1 ,code of ,federal ,regulations2 7,j7 to ,federal1 ,state and local agencies for the purposes of verification and enforcement of title ,,ii of this ,act2 or 7,k7 information that pertains to catch documentation and legality of catch1 if disclosure of that information would not materially damage the value of catch or business4 4 7b7 ,implementation deadline ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue regulations implementing the amendments in this section4 #aji4 ,report on seafood import monitoring 7a7 ,report to ,congress and public availability of reports ,the ,secretary shall1 not later than #abj days after the end of each fiscal year and annually thereafter1 submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that summarizes the ,national ,marine ,fisheries ,service's efforts to prevent the importation of seafood harvested through illegal1 unreported1 or unregulated fishing1 particularly with respect to seafood harvested1 produced1 processed1 or manufactured by forced labor4 ,each such report shall be made publicly available on the ,internet website of the ,national ,oceanic and ,atmospheric ,administration4 7b7 ,contents ,each report submitted under subsection 7a7 shall include-- 7#a7 the volume and value of seafood species subject to the ,seafood ,import ,monitoring ,program1 described in section #cjj4cbd of title #ej1 ,code of ,federal ,regulations1 reported by #aj-;digit ,harmonized ,tariff ,schedule of the ,united ,states codes1 imported during the previous fiscal year2 7#b7 the enforcement activities and priorities of the ,national ,marine ,fisheries ,service with respect to implementing the requirements under the ,seafood ,import ,monitoring ,program2 7#c7 the percentage of import shipments subject to this program selected for inspection or the information or records supporting entry selected for audit1 as described in section #cjj4cbd7;d7 of title #ej1 ,code of ,federal ,regulations2 7#d7 the number and types of instances of noncompliance with the requirements of the ,seafood ,import ,monitoring ,program2 7#e7 the number and types of instances of violations of ,state or ,federal law discovered through the ,seafood ,import ,monitoring ,program2 7#f7 the seafood species with respect to which violations described in paragraphs 7#d7 and 7#e7 were most prevalent2 7#g7 the location of catch or harvest with respect to which violations described in paragraphs 7#d7 and 7#e7 were most prevalent2 and 7#h7 such other information as the ,secretary considers appropriate with respect to monitoring and enforcing compliance with the ,seafood ,import ,monitoring ,program4 #aaj4 ,authorization of appropriations ,there is authorized to be appropriated to the ,commissioner of ,u4,s4 ,customs and ,border ,protection to carry out enforcement actions pursuant to section #cjg of the ,tariff ,act #bj1jjj1jjj for each of fiscal years #bjba through #bjbe for enforcement of section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg74 ,,ii ,seafood ,traceability and ,labeling #bja4 ,federal activities on seafood safety and fraud 7a7 ,national ,sea ,grant ,college ,program ,the ,administrator of the ,national ,oceanic and ,atmospheric ,administration shall ensure that seafood inspection activities are coordinated with the ,national ,sea ,grant ,college ,program established by the ,national ,sea ,grant ,college and ,program ,act of #aiff 7#cc ,u4,s4,c4 #aaba et seq47 which may provide outreach to the ,states1 local health agencies1 consumers1 and the seafood industry on seafood safety and seafood fraud1 as needed4 7b7 ,inspecting ,to prevent seafood fraud ,the ,secretary of ,commerce and the ,secretary of ,health and ,human ,services1 in coordination with the ,secretary of ,homeland ,security1 shall1 to the maximum extent practicable1 ensure that inspections and tests for seafood safety also collect information for seafood fraud prevention4 #bjb4 ,seafood labeling and identification 7a7 ,in general ,the ,secretary1 in coordination with other relevant agencies shall1 not later than three years after the date of enactment of this ,act1 implement the following requirements with respect to fish and fish products imported into the ,united ,states or otherwise distributed or offered for sale in interstate commerce3 7#a7 ,traceability ,a requirement that the following information shall accompany seafood through processing and distribution3 7,a7 ,the ,united ,nations ,food and ,agriculture ,organization ,major ,fishing ,area1 or a more specific location1 in which the seafood was caught or cultivated4 7,b7 ,the acceptable market name 7as determined by the ,food and ,drug ,administration71 scientific name1 and specific ,aquatic ,sciences and ,fisheries ,information ,system number of the ,fisheries and ,aquaculture ,statistics ,information ,service of the ,united ,nations ,food and ,agriculture ,organization for the seafood species4 7,c7 ,whether the seafood was harvested wild or was farm-raised4 7,d7 ,the method of harvest of the seafood1 including gear type as listed in section #fjj4gbe of title #ej1 ,code of ,federal ,regulations1 or successor regulation1 and defined in section #fjj4aj of such title1 or successor regulation4 7,e7 ,the date of the catch or harvest4 7,f7 ,the weight or number1 as appropriate1 of product for an individual fish or lot4 7,g7 ,date and name of entity 7processor1 dealer1 vessel7 to which the seafood was landed4 7,h7 ,name and flag state of vessel and evidence of authorization1 and if applicable1 a unique vessel identifier4 7,i7 ,name and location of the facility from which farm-raised seafood were harvested1 the method of cultivation1 source and type of feed1 and evidence of authorization4 7,j7 ,the ,national ,oceanic and ,atmospheric ,administration ,fisheries ,international ,fisheries ,trade ,permit number issued to the importer of record for the entry1 if applicable4 7#b7 ,labeling ,the following information shall be included in the labeling of seafood through processing1 distribution1 and final sale3 7,a7 ,the information required in subparagraphs 7,a71 7,b71 7,c71 and 7,d7 of paragraph 7#a74 7,b7 ,whether the seafood has been previously frozen or treated with any substance other than ice or water4 7,c7 ,whether the seafood was farm-raised along with information regarding the country of cultivation1 the location of the aquaculture production area1 and the method of cultivation4 7b7 ,production codes ,the ,secretary shall allow compliance with subsection 7a7 through the use of production codes1 quick response codes1 or other types of commonly used processing codes and electronic bar coding methods4 7c7 ,safe harbor ,no importer1 processor1 distributor1 or retailer may be found to be in violation of the requirements of this section for unknowingly selling a product that was already mislabeled upon receipt1 provided that the importer1 processor1 distributor1 or retailer can provide the required product traceability documentation4 #bjc4 ,federal enforcement 7a7 ,enforcement by ,secretary ,the ,secretary of ,commerce shall prevent any person from violating this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though section #cjg of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheg7 was incorporated into and made a part of and applicable to this ,act4 7b7 ,list of offenders ,the ,secretary of ,commerce1 in consultation with the ,secretary of ,health and ,human ,services1 shall develop1 maintain1 and post on the public website of the ,department of ,commerce a list that-- 7#a7 includes1 by country1 each exporter whose seafood is imported or offered for import into the ,united ,states2 and 7#b7 for each such exporter1 tracks the timing1 type1 and frequency of violations of ,federal law relating to seafood fraud and illegal1 unreported1 or unregulated fishing4 7c7 ,inspections ,the ,secretary of ,commerce1 in consultation with the ,secretary of ,health and ,human ,services1 shall-- 7#a7 increase1 as resources allow1 the number of foreign and domestic seafood shipments that are audited or inspected for seafood fraud and illegal1 unreported1 or unregulated fishing by ,national ,oceanic and ,atmospheric ,administration auditors and authorized officers1 including verification of compliance with the traceability requirements of section #ajd7;a72 7#b7 conduct audits and inspections1 as resources allow1 at a sufficient level to promote compliance and deterrence2 and 7#c7 to the maximum extent practicable1 ensure that inspections and tests for seafood fraud prevention also collect information to support the ,secretary of ,health and ,human ,services in implementing the seafood safety requirements of the ,,fda ,food ,safety ,modernization ,act 7,public ,law #aaa-cec74 7d7 ,interagency agreement 7#a7 ,memorandum of understanding required ,not later than one year after the date of enactment of this ,act1 the ,secretary of ,commerce1 the ,secretary of ,homeland ,security1 the ,secretary of ,labor1 and the ,secretary of ,health and ,human ,services shall jointly execute a memorandum of understanding to codify and improve interagency cooperation on seafood safety1 preventing illegal1 unreported1 or unregulated fishing and human trafficking1 including forced labor1 and seafood fraud prevention1 enforcement1 and inspections4 7#b7 ,requirements ,the memorandum of understanding required by paragraph 7#a7 shall include provisions1 performance metrics1 and timelines as the ,secretaries consider appropriate to improve such cooperation described in such paragraph 7acting under provisions of law other than this subsection7-- 7,a7 to identify and execute specific procedures for using authorities granted under the ,,fda ,food ,safety ,modernization ,act 7,public ,law #aaa-cec7 to ensure and improve the safety of commercially marketed seafood in the ,united ,states2 7,b7 to identify and execute specific procedures for interagency cooperation on-- 7i7 interagency resource and information sharing2 7ii7 use and development of forensic tools including means to fill existing gaps in capabilities and eliminate duplication2 and 7iii7 development of specific forensic analysis information required by each agency to promote effective enforcement actions2 7,c7 to maximize the effectiveness of limited personnel and resources by ensuring that-- 7i7 inspections of seafood shipments and seafood processing and production facilities by the ,national ,oceanic and ,atmospheric ,administration and the ,food and ,drug ,administration are not duplicative2 and 7ii7 information resulting from examinations1 testing1 and inspections conducted by the ,department of ,commerce with respect to seafood is considered in making risk-based determinations1 including the establishment of inspection priorities for domestic and foreign facilities and the examination and testing of domestic and imported seafood2 7,d7 to create a process-- 7i7 by which data collected by all seafood inspectors and officers of the ,national ,oceanic and ,atmospheric ,administration and ,u4,s4 ,customs and ,border ,protection authorized to conduct inspections of seafood shipments or facilities that process or sell seafood1 or authorized officers that conduct analysis of seafood import information1 will be used for risk-based screening of seafood shipments1 including food safety1 adulteration and misbranding1 by the ,food and ,drug ,administration beginning not later than one year after the date of enactment of this ,act2 and 7ii7 by which data collected by the ,national ,oceanic and ,atmospheric ,administration1 ,u4,s4 ,customs and ,border ,protection1 the ,department of ,labor1 the ,department of ,state1 and the ,food and ,drug ,administration is shared to maximize efficiency and enforcement of seafood safety1 fraud prevention1 and prohibitions on illegal1 unreported1 or unregulated fishing2 7,e7 to create a process by which-- 7i7 data collected by inspectors and officers of other ,federal1 ,state1 or local agencies authorized to conduct inspections of seafood1 or inspections of facilities that process or sell seafood1 or data from import analysts1 will be used by the ,food and ,drug ,administration for risk-based screening of seafood shipments2 and 7ii7 data collected by such inspectors and officials is shared with the ,national ,oceanic and ,atmospheric ,administration1 ,u4,s4 ,customs and ,border ,protection1 ,department of ,labor1 and the ,food and ,drug ,administration to maximize efficiency and enforcement of seafood safety and fraud prevention2 and 7,f7 to ensure that officers and employees of the ,national ,oceanic and ,atmospheric ,administration are utilized by the ,secretary of ,health and ,human ,services as third-party auditors pursuant to section #hjh of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chd;d7 to carry out seafood examinations and investigations under chapter ,,viii of such ,act4 #bjd4 ,state enforcement 7a7 ,in general ,whenever the attorney general of a ,state1 or an official or agency designated by a ,state1 has reason to believe that any person has engaged or is engaging in a pattern or practice of seafood fraud in violation of section #bjc1 the ,state may bring a civil action on behalf of its residents to enjoin fraud1 an action to recover for actual monetary loss or receive #aj1jjj in damages for each violation1 or both such actions4 7b7 ,willful or knowing violations ,if the court finds the defendant willfully or knowingly violated this ,act1 the court may increase the amount of the award to an amount equal to not more than #c times the amount available under subsection 7a74 #bje4 ,effect on ,state law ,nothing in this title shall preempt the authority of a ,state to establish and enforce anti-trafficking laws or requirements for improving seafood safety and preventing seafood fraud that are consistent with the requirements of this ,act4 ,,iii ,strengthening ,international ,fisheries ,management to ,combat ,human ,trafficking #cja4 ,denial of port privileges ,section #aja7;a77#b7 of the ,high ,seas ,driftnet ,fisheries ,enforcement ,act 7#af ,u4,s4,c4 #ahbf;a7a77#b77 is amended to read as follows3 7#b7 ,denial of port privileges ,the ,secretary of ,homeland ,security shall1 in accordance with international law-- 7,a7 withhold or revoke the clearance required by section #fjaje of title #df1 ,united ,states ,code1 for any large-scale driftnet fishing vessels of a nation that receives a negative certification under sections #fji7;d7 or #faj7;c7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7d7 or #ahbfk7c771 or fishing vessels of a nation that has been listed pursuant to sections #fji7;b7 or #faj7;a7 of such ,act 7#af ,u4,s4,c4 #ahbf;j7b7 or #ahbfk7a77 in two or more consecutive reports as described under section #fjg of such ,act 7#af ,u4,s4,c4 #ahbf;h71 until a positive certification has been received2 7,b7 withhold or revoke the clearance required by section #fjaje of title #df1 ,united ,states ,code1 for fishing vessels of a nation that has been listed pursuant to sections #fji7;b7 or #faj7;a7 of such ,act 7#af ,u4,s4,c4 #ahbf;j7b7 or #ahbfk7a77 in two or more consecutive reports as described under section #fjg of such ,act 7#af ,u4,s4,c4 #ahbf;h72 and 7,c7 deny entry of that vessel to any place in the ,united ,states and to the navigable waters of the ,united ,states1 except for the purposes of inspecting such vessel1 conducting an investigation1 or taking other appropriate enforcement action4 4 #cjb4 ,identification and certification criteria 7a7 ,denial of port privileges ,strike subsections 7a7 and 7b7 of section #fji of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7a7 and 7b771 and insert the following3 7a7 ,cooperation with governments 7#a7 ,information collection ,the ,secretary1 in consultation with the ,secretary of ,state1 shall engage with each flag1 coastal1 port1 and market nation that exports seafood to the ,united ,states to collect information sufficient to evaluate the effectiveness of such nation's management of fisheries and control systems to prevent illegal1 unreported1 or unregulated fishing4 7#b7 ,recommendations ,the ,secretary1 in consultation with the ,secretary of ,state1 shall provide recommendations to such nations to resolve compliance gaps and improve fisheries management and control systems in order to assist such nations in preventing illegal1 unreported1 or unregulated fishing4 7b7 ,identification and warning 7#a7 ,for actions of a fishing vessel ,the ,secretary shall identify and list in the report required by section #fjg a nation if a fishing vessel of such nation is engaged or has1 in the preceding #c years1 engaged in illegal1 unreported1 or unregulated fishing4 ,the ,secretary shall include all nations that qualify for identification1 regardless of whether the ,secretary has engaged in the process described in this subsection or under subsection 7a74 ,any of the following relevant information is sufficient to form the basis of an identification3 7,a7 compliance reports2 7,b7 data or information from international fishery management organizations1 a foreign government1 or an organization or stakeholder group2 7,c7 information submitted by the public2 7,d7 information submitted to the ,secretary under section #djb7;a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahha;a7a772 7,e7 import data collected by the ,secretary pursuant to part #cjj4cbd of title #ej1 ,code of ,federal ,regulations2 and 7,f7 information compiled from a ,federal agency1 including1 the ,coast ,guard and agencies within the ,interagency ,working ,group on ,illegal1 ,unreported1 and ,unregulated ,fishing4 7#b7 ,for actions of a nation ,the ,secretary shall identify1 and list in such report1 a nation engaging in or endorsing illegal1 unreported1 or unregulated fishing1 including the following3 7,a7 ,any nation that is failing1 or has failed in the preceding #c-year period1 to cooperate with the ,united ,states government in providing information about their fisheries management and control systems described in subsection 7a7 of this section4 7,b7 ,any nation that is violating1 or has violated at any point during the preceding #c years1 conservation and management measures1 including catch and other data reporting obligations and requirements1 required under an international fishery management agreement4 7,c7 ,any nation that is failing1 or has failed in the preceding #c-year period1 to effectively address or regulate illegal1 unreported1 or unregulated fishing within its fleets in any areas where its vessels are fishing4 7,d7 ,any nation that fails to discharge duties incumbent upon it under international law or practice as a flag1 port1 or coastal state to take action to prevent1 deter1 and eliminate illegal1 unreported1 or unregulated fishing4 7,e7 ,any nation that provides subsidies that-- 7i7 contribute to illegal1 unreported1 or unregulated fishing or increased capacity and overfishing at proportionally higher rates than subsidies that promote fishery resource conservation and management2 or 7ii7 that otherwise undermine the effectiveness of any international fishery conservation program4 7,f7 ,any nation that has been identified as having human trafficking1 including forced labor1 in any part of the seafood supply chain in the most recent ,trafficking in ,persons ,report issued by the ,department of ,state in accordance with the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gaja et seq474 7,g7 ,any nation that has been identified as producing seafood-related goods through forced labor or oppressive child labor in the most recent ,list of ,goods ,produced by ,child ,labor or ,forced ,labor in accordance with the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gaja et seq474 7,h7 ,any nation that has been identified as at risk for human trafficking1 including forced labor1 in their seafood catching and processing industries in the report required in section #cefc of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib74 7#c7 ,warning ,the ,secretary shall issue a warning to each nation identified under this subsection4 7#d7 ,timing ,the ,secretary shall make an identification under paragraphs 7#a7 or 7#b7 at any time that the ,secretary has sufficient information to make such identification4 4 7b7 ,illegal1 ,unreported1 or ,unregulated certification determination ,section #fji7;d7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7d77 is amended to read as follows3 7d7 ,,iuu certification procedure 7#a7 ,certification determination 7,a7 ,in general ,the ,secretary shall establish a procedure for certifying whether a nation identified under subsection 7b7 has taken appropriate corrective action with respect to the offending activities identified under section 7b7 that has led to measurable improvements in the reduction of illegal1 unreported1 or unregulated fishing and any underlying regulatory1 policy1 or practice failings or gaps that may have contributed to such identification4 7,b7 ,opportunity for comment ,the ,secretary shall ensure that the procedure established under subparagraph 7,a7 provides for notice and an opportunity for comment by the identified nation4 7,c7 ,determination ,the ,secretary shall1 consistent with such procedure1 determine and certify to the ,congress not later than #ij days after the date on which the ,secretary issues a final rule containing the procedure1 and biennially thereafter-- 7i7 whether the government of each nation identified under subsection 7b7 has provided documentary evidence that such nation has taken corrective action with respect to such identification2 or 7ii7 whether the relevant international fishery management organization has taken corrective action that has ended the illegal1 unreported1 or unregulated fishing activity by vessels of that nation4 7#b7 ,alternative procedure ,the ,secretary may establish a procedure to authorize1 on a shipment-by-shipment1 shipper-by-shipper1 or other basis the importation of fish or fish products from a fishery within a nation issued a negative certification under paragraph 7#a7 if the ,secretary-- 7,a7 determines the fishery has not engaged in illegal1 unreported1 or unregulated fishing under an international fishery management agreement to which the ,united ,states is a party2 7,b7 determines the fishery is not identified by an international fishery management organization as participating in illegal1 unreported1 or unregulated fishing activities2 and 7,c7 ensures that any such seafood or seafood products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of ,seafood ,import ,monitoring ,program described in part #cjj4cbd7;b7 of title #ej1 ,code of ,federal ,regulations 7or any successor regulation74 7#c7 ,effect of certification determination 7,a7 ,effect of negative certification ,the provisions of subsections 7a7 and 7b77#c7 and 7#d7 of section #aja of the ,high ,seas ,driftnet ,fisheries ,enforcement ,act 7#af ,u4,s4,c4 #ahbf;a7a7 and 7b77#c7 and 7#d77 shall apply to any nation that1 after being identified and warned under subsection 7b7 has failed to take the appropriate corrective actions for which the ,secretary has issued a negative certification under this subsection4 7,b7 ,effect of positive certification ,the provisions of subsections 7a7 and 7b77#c7 and 7#d7 of section #aja of the ,high ,seas ,driftnet ,fisheries ,enforcement ,act 7#af ,u4,s4,c4 #ahbf;a7a7 and 7b77#c7 and 7#d77 shall not apply to any nation identified under subsection 7a7 for which the ,secretary has issued a positive certification under this subsection4 4 #cjc4 ,illegal1 unreported1 or unregulated fishing defined 7a7 ,definition of illegal1 unreported1 or unregulated fishing in the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act ,section #fji7;e7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7e77 is amended to read as follows3 7e7 ,illegal1 unreported1 or unregulated fishing defined ,in this title1 the term illegal1 unreported1 or unregulated fishing means any activity set out in paragraph #c of the #bjja ,food and ,agriculture ,organization ,international ,plan of ,action to ,prevent1 ,deter and ,eliminate ,illegal1 ,unreported1 and ,unregulated ,fishing4 4 7b7 ,definition of illegal1 unreported1 or unregulated fishing in the ,magnuson-,stevens ,fishery ,conservation and ,management ,act ,section #c of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahjb7 is amended by adding at the end the following3 7#ea7 ,the term illegal1 unreported1 or unregulated fishing means any activity set out in paragraph #c of the #bjja ,food and ,agriculture ,organization ,international ,plan of ,action to ,prevent1 ,deter and ,eliminate ,illegal1 ,unreported1 and ,unregulated ,fishing4 4 7c7 ,rule of construction ,in construing the term illegal1 unreported1 or unregulated fishing for purposes of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act and the ,magnuson-,stevens ,fishery ,conservation and ,management ,act1 the ,secretary shall follow internationally recognized labor rights stated in the ,international ,labour ,organization ,declaration on ,fundamental ,principles and ,rights at ,work and its ,follow-,up 7#aiih71 including-- 7#a7 freedom of association and the effective recognition of the right to collective bargaining2 7#b7 the elimination of all forms of forced or compulsory labor2 7#c7 the effective abolition of oppressive child labor1 a prohibition on the worst forms of child labor1 and other labor protections for children and minors2 7#d7 the elimination of discrimination in respect of employment and occupation2 and 7#e7 acceptable conditions of work with respect to minimum wages1 hours of work1 and occupational safety and health4 #cjd4 ,equivalent conservation measures 7a7 ,identification ,section #faj7;a7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbfk7a77 is amended to read as follows3 7a7 ,identification 7#a7 ,in general ,the ,secretary shall identify and list in the report under section #fjg-- 7,a7 a nation if-- 7i7 any fishing vessel of that country is engaged1 or has been engaged during the preceding #c years in fishing activities or practices on the high sees or within the exclusive economic zone of another country1 that have resulted in bycatch of a protected living marine resource2 and 7ii7 the vessel's flag state has not adopted1 implemented1 and enforced a regulatory program governing such fishing designed to end or reduce such bycatch that is comparable to the regulatory program of the ,united ,states2 and 7,b7 a nation if-- 7i7 any fishing vessel of that country is engaged1 or has engaged during the preceding #c years1 in fishing activities on the high sees or within the exclusive economic zone of another country that target or incidentally catch sharks2 and 7ii7 the vessel's flag state has not adopted1 implemented1 and enforced a regulatory program to provide for the conservation of sharks1 including measures to prohibit removal of any of the fins of a shark1 including the tail1 before landing the shark in port that is comparable to that of the ,united ,states4 7#b7 ,timing ,the ,secretary shall make an identification under paragraph 7#a7 at any time that the ,secretary has sufficient information to make such identification4 4 7b7 ,consultation and negotiation ,section #faj7;b7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbfk7b77 is amended to read as follows3 7b7 ,consultation and negotiation ,the ,secretary of ,state1 acting in conjunction with the ,secretary1 shall-- 7#a7 notify1 as soon as possible1 the ,president1 nations that have been identified under subsection 7a71 and other nations whose vessels engage in fishing activities or practices described in subsection 7a71 about the provisions of this ,act2 7#b7 initiate discussions as soon as possible with all foreign countries which are engaged in1 or a fishing vessel of which has engaged in1 fishing activities described in subsection 7a71 for the purpose of entering into bilateral and multilateral treaties with such countries to protect such species and to address any underlying failings or gaps that may have contributed to identification under this ,act2 7#c7 seek agreements calling for international restrictions on fishing activities or practices described in subsection 7a7 through the ,united ,nations1 the ,food and ,agriculture ,organization's ,committee on ,fisheries1 and appropriate international fishery management bodies2 and 7#d7 initiate the amendment of any existing international treaty for the protection and conservation of such species to which the ,united ,states is a party in order to make such treaty consistent with the purposes and policies of this section4 4 7c7 ,conservation certification procedure ,section #faj7;c7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbfk7c77 is amended-- 7#a7 in subparagraph 7,a7 of paragraph 7#a71 by striking 1 taking into account different conditions12 7#b7 in paragraph 7#b71 by inserting the public and after comment by2 7#c7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a71 by striking 1 taking into account different conditions2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 ensures that any such fish or fish products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of the ,seafood ,import ,monitoring ,program established by part #cjj4cbd7;b7 of title #ej1 ,code of ,federal ,regulations 7or any successor regulations74 2 and 7#d7 in paragraph 7#e71 by striking 7except to the extent that such provisions apply to sport fishing equipment or fish or fish products not caught by the vessels engaged in illegal1 unreported1 or unregulated fishing74 #cje4 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall promulgate regulations implementing this title4 ,,iv ,maritime ,,safe ,amendments #dja4 ,illegal1 ,unreported1 or ,unregulated ,fishing ,working ,group responsibilities ,section #ceea7;c7 of the ,maritime ,,safe ,act 7,public ,law #aaf-ib7 is amended-- 7#a7 in paragraph 7#ab71 by striking and at the end2 7#b7 in paragraph 7#ac71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end3 7#ad7 developing a strategy for leveraging enforcement capacity against illegal1 unreported1 or unregulated fishing and increasing enforcement and other actions across relevant import control and assessment programs including-- 7,a7 the ,seafood ,import ,monitoring ,program described in part #cjj4cbd7;b7 of title #ej1 ,code of ,federal ,regulations 7or any successor regulation72 7,b7 the ,list of ,goods ,produced by ,child ,labor or ,forced ,labor produced pursuant to section #aje of the ,trafficking ,victims ,protection ,reauthorization ,act of #bjje 7#bb ,u4,s4,c4 #gaab72 7,c7 the ,list of ,nations with vessels engaged in illegal1 unreported1 or unregulated fishing pursuant to section #fjg of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;h72 7,d7 the ,trafficking in ,persons ,report required by section #aaj of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajg72 7,e7 ,u4,s4 ,customs and ,border ,protection's ,forced ,labor ,division and enforcement activities and regulations authorized under ,section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg72 and 7,f7 other relevant programs of ,working ,group member agencies2 and 7#ae7 assessing areas for increased information sharing and collaboration among ,federal ,working ,group member agencies and ,state-based enforcement1 wildlife1 and fisheries management agencies to identify1 interdict1 investigate1 and prosecute illegal1 unreported1 or unregulated fishing and fraudulent seafood imports into the ,united ,states that were a product of such fishing1 including through implementation of the ,seafood ,import ,monitoring ,program4 ,the ,federal ,working ,group shall emphasize developing1 updating1 and employing risk screens to analyze harvest1 traceability1 and verification and certification information in real time as a key pathway to trigger product audits and enforcement actions4 4 #djb4 ,strategic plan ,section #ceeb of the ,maritime ,,safe ,act 7,public ,law #aaf-ib7 is amended by adding at the end3 7c7 ,strategies ,to optimize data collection1 sharing1 and analysis 7#a7 ,in general ,the strategic plan submitted under subsection 7a7 shall identify information and resources to prevent illegal1 unreported1 or unregulated fishing or fraudulently labeled or otherwise misrepresented seafood from entering ,united ,states commerce4 ,the report shall include a timeline for implementation of recommendations with respect to each of the following3 7,a7 ,identification of relevant data streams collected by ,working ,group members4 7,b7 ,identification of legal1 jurisdictional1 or other barriers to the sharing of such data4 7,c7 ,strategies for integrating data streams through the ,international ,trade ,data ,system ,automated ,commercial ,environment or other relevant digital platforms4 7,d7 ,recommendations for enhancing the automated risk targeting and effectiveness of risk analysis and detection of illegal1 unauthorized1 or unreported fishing and fraudulent seafood through the ,seafood ,import ,monitoring ,program4 7,e7 ,recommendations for improving the utility and effectiveness of the ,commercial ,targeting and ,analysis ,center in detecting illegal1 unauthorized1 or unreported fishing and fraudulent products through adoption of these strategies or other enhancements4 7,f7 ,recommendations for joint enforcement protocols1 collaboration1 and information sharing between ,federal agencies and ,states4 7,g7 ,recommendations for sharing and developing forensic resources between ,federal agencies and ,states4 7,h7 ,recommendations for enhancing capacity for ,u4,s4 ,customs and ,border ,protection and ,national ,oceanic and ,atmospheric ,administration to conduct field investigations and to coordinate enforcement efforts with ,state enforcement officials4 7,i7 ,an implementation strategy1 with milestones and deadlines and specific budgetary requirements1 for implementing recommendations described in the report4 7#b7 ,progress report ,not later than #b years after submission of the #e-year integrated strategic plan1 the ,working ,group shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,foreign ,relations of the ,senate1 the ,committee on ,appropriations of the ,senate1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 the ,committee on ,natural ,resources of the ,house of ,representatives1 the ,committee on ,foreign ,affairs of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives on progress in implementing the recommendations described in this subsection4 4 #djc4 ,authority to hold fish products ,section #caa7;b77#a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahfa7;b77 is amended-- 7#a7 in subparagraph 7,b71 striking 2 and and inserting a semicolon2 7#b7 in subparagraph 7,c71 striking the period and inserting 2 and2 and 7#c7 by adding at the end the following a new subparagraph3 7,d7 detain1 for a period of up to #ad days1 any shipment of fish or fish product imported into1 landed on1 introduced into1 exported from1 or transported within the jurisdiction of the ,united ,states1 or1 if such fish or fish product is deemed to be perishable1 sell and retain the proceeds therefrom for a period of up to #ba days4 4 ,v ,maritime ,awareness #eja4 ,automatic identification system requirements 7a7 ,requirement for fishing vessels ,to have automatic identification systems ,section #gjaad7;a77#a7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking 1 while operating on the navigable waters of the ,united ,states1 7#b7 by redesignating subparagraphs 7,a7 through 7,d7 as clauses 7i7 through 7iv72 7#c7 by inserting before clauses 7i7 through 7iv71 as redesignated by paragraph 7#b71 the following3 7,a7 ,while operating on the navigable waters of the ,united ,states3 2 and 7#d7 by adding at the end the following3 7,b7 ,a vessel of the ,united ,states that is more than #fe feet overall in length1 while engaged in fishing1 fish processing1 or fish tendering operations on the navigable waters of the ,united ,states or in the ,united ,states exclusive economic zone4 4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,commerce for fiscal year #bjbb1 #e1jjj1jjj1 to remain available until expended1 to purchase automatic identification systems for fishing vessels1 fish processing vessels1 fish tender vessels more than #ej feet in length1 as described under this title and the amendments made by this title4 ,december #cj1 #bjbb,reported from the ,committee on ,natural ,resources with an amendment,december #cj1 #bjbb ,committees on ,ways and ,means1 ,transportation and ,infrastructure1 ,agriculture1 and ,energy and ,commerce discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed