Illegal Fishing and Forced Labor Prevention Act

IB Union Calendar No. 493 117TH CONGRESS 2D SESSION H. R. 3075 [Report No. 117–674, Part I] To address seafood slavery and combat illegal, unreported, or unregulated fishing, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 11, 2021 Mr. HUFFMAN (for himself and Mr. GRAVES of Louisiana) introduced the fol- lowing bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Ways and Means, Transportation and Infrastructure, Agriculture, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned DECEMBER 30, 2022 Additional sponsors: Mr. PALAZZO, Mr. CASE, Ms. NORTON, Mr. LOWENTHAL, Ms. BARRAGA´N, Mr. BLUMENAUER, Mr. MOORE of Ala- bama, Mr. DEFAZIO, Ms. TITUS, Mr. SABLAN, Ms. ROSS, Ms. BROWNLEY, Mr. FITZPATRICK, Mr. QUIGLEY, Mr. KILMER, Ms. JAYAPAL, Mr. CRIST, and Mr. MRVAN VerDate Sep 11 2014 21:08 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3075.RH H3075 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 3075 RH DECEMBER 30, 2022 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 30, 2022 Committees on Ways and Means, Transportation and Infrastructure, Agri- culture, and Energy and Commerce discharged; committed to the Com- mittee of the Whole House on the State of the Union and ordered to be printed [For text of introduced bill, see copy of bill as introduced on May 11, 2021] A BILL To address seafood slavery and combat illegal, unreported, or unregulated fishing, and for other purposes. VerDate Sep 11 2014 21:08 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H3075.RH H3075 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 3075 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Illegal Fishing and 4 Forced Labor Prevention Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act, the following definitions apply: 7 (1) OPPRESSIVE CHILD LABOR.—The term ‘‘op- 8 pressive child labor’’ has the meaning given such term 9 in section 3 of the Fair Labor Standards Act of 1938 10 (29 U.S.C. 203). 11 (2) FORCED LABOR.—The term ‘‘forced labor’’ 12 means any labor or service provided for or obtained 13 by any means described in section 1589(a) of title 18, 14 United States Code. 15 (3) HUMAN TRAFFICKING.—The term ‘‘human 16 trafficking’’ has the meaning given the term ‘‘severe 17 forms of trafficking in persons’’ in section 103 of the 18 Trafficking Victims Protection Act of 2000 (22 U.S.C. 19 7102). 20 (4) ILLEGAL, UNREPORTED, OR UNREGULATED 21 FISHING.—The term ‘‘illegal, unreported, or unregu- 22 lated fishing’’ has the meaning given such term in 23 section 609 of the High Seas Driftnet Fishing Morato- 24 VerDate Sep 11 2014 21:08 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H3075.RH H3075 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 3075 RH rium Protection Act (16 U.S.C. 1826j(e)), as amended 1 by this Act. 2 (5) SEAFOOD.—The term ‘‘seafood’’ means fish 3 meal, and all marine animal and plant life meant for 4 consumption as food other than marine mammals 5 and birds, including fish, shellfish, shellfish products, 6 and processed fish. 7 (6) SEAFOOD FRAUD.—The term ‘‘seafood fraud’’ 8 means the mislabeling or misrepresentation of the in- 9 formation required under this Act or other any other 10 Federal law or international agreement (other than 11 this Act) pertaining to the import, export, transport, 12 sale, harvest, processing, or trade of seafood, includ- 13 ing— 14 (A) the Magnuson-Stevens Fishery Con- 15 servation and Management Act (16 U.S.C. 1801 16 et seq.); 17 (B) the Lacey Act Amendments of 1981 (16 18 U.S.C. 3371 et seq.); 19 (C) the Federal Food, Drug, and Cosmetic 20 Act (21 U.S.C. 301 et seq.); 21 (D) the FDA Food Safety Modernization 22 Act (Public Law 111–353); 23 (E) the Fair Packaging and Labeling Act 24 (15 U.S.C. 1451 et seq.); 25 VerDate Sep 11 2014 21:08 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H3075.RH H3075 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 3075 RH (F) subtitle D of the Agricultural Marketing 1 Act of 1946 (7 U.S.C. 1638 et seq.); 2 (G) parts 60 and 65 of title 7, Code of Fed- 3 eral Regulations (or any successor regulations); 4 (H) part 123 of title 21, Code of Federal 5 Regulations (or any successor regulations); and 6 (I) section 216.24 of title 50, Code of Fed- 7 eral Regulations. 8 (7) SEAFOOD IMPORT MONITORING PROGRAM.— 9 The term ‘‘Seafood Import Monitoring Program’’ 10 means the Seafood Traceability Program established 11 under section 300.324 of title 50, Code of Federal 12 Regulations. 13 (8) SECRETARY.—The term ‘‘Secretary’’ means 14 the Secretary of Commerce, acting through the Ad- 15 ministrator of the National Oceanic and Atmospheric 16 Administration. 17 TITLE I—COMBATING HUMAN 18 TRAFFICKING THROUGH SEA- 19 FOOD IMPORT MONITORING 20 SEC. 101. DEFINITIONS. 21 In this title, the following additional definitions apply: 22 (1) COMPETENT AUTHORITY.—The term ‘‘com- 23 petent authority’’ means government and any third 24 party that meets certain governing criteria. Such cri- 25 VerDate Sep 11 2014 21:08 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3075.RH H3075 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 3075 RH teria shall be established by regulation, after outreach 1 to key environmental and labor stakeholders. 2 (2) UNIQUE VESSEL IDENTIFIER.—The term 3 ‘‘unique vessel identifier’’ means a unique number 4 that stays with a vessel for the duration of the vessel’s 5 life, regardless of changes in flag, ownership, name, or 6 other changes to the vessel. 7 SEC. 102. EXPANSION OF SEAFOOD IMPORT MONITORING 8 PROGRAM TO ALL SPECIES. 9 The Secretary shall, not later than 2 years after the 10 date of enactment of this Act, expand the Seafood Import 11 Monitoring Program to apply to all seafood and seafood 12 products imported into the United States. 13 SEC. 103. ENHANCEMENT OF SEAFOOD IMPORT MONI- 14 TORING PROGRAM AUTOMATED COMMERCIAL 15 ENVIRONMENT MESSAGE SET. 16 The Secretary of Commerce, acting through the Ad- 17 ministrator of the National Oceanic and Atmospheric Ad- 18 ministration, in coordination with the Commissioner of 19 U.S. Customs and Border Protection, shall, not later than 20 6 months after the date of enactment of this Act, develop 21 a strategy to improve the quality and verifiability of al- 22 ready collected Seafood Import Monitoring Program Mes- 23 sage Set data elements in the Automated Commercial Envi- 24 ronment system that prioritizes the use of enumerated data 25 VerDate Sep 11 2014 21:08 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H3075.RH H3075 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 3075 RH types, such as checkboxes, dropdown menus, or radio but- 1 tons, and any additional elements the Agency finds nec- 2 essary, among other options, rather than open text fields, 3 for— 4 (1) authorization to fish; 5 (2) unique vessel identifier (if available); 6 (3) catch document identifier; 7 (4) location of wild-capture harvest and landing 8 or aquaculture location; 9 (5) type of fishing gear used to harvest the fish; 10 (6) name of farm or aquaculture facility, if ap- 11 plicable; and 12 (7) location of aquaculture facility, if applicable. 13 SEC. 104. ADDITIONAL DATA REQUIREMENTS FOR SEAFOOD 14 IMPORT MONITORING PROGRAM DATA COL- 15 LECTION. 16 (a) IN GENERAL.—Not later than one year after date 17 of enactment of this Act, the Secretary shall revise section 18 300.324 of title 50, Code of Federal Regulations, to— 19 (1) require at the time of entry for imported sea- 20 food and seafood products— 21 (A) location of catch or cultivation, includ- 22 ing— 23 VerDate Sep 11 2014 21:08 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H3075.RH H3075 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 3075 RH (i) geographic location at a resolution 1 of not less than 1 degree latitude by 1 de- 2 gree longitude; 3 (ii) the country code of the Inter- 4 national Organization for Standardization 5 if the catch was within the exclusive eco- 6 nomic zone or territorial waters of a coun- 7 try; 8 (iii) if appropriate, the regional fish- 9 eries management organization or organiza- 10 tions having jurisdiction over the catch, if 11 it occurs within the jurisdiction of any re- 12 gional fisheries management organization; 13 and 14 (iv) the Food and Agriculture Organi- 15 zation major fishing area codes; 16 (B) electronic reports of chain-of-custody 17 records that identify, including with unique ves- 18 sel identifiers when applicable, each custodian of 19 the seafood, including transshippers, processors, 20 storage facilities, and distributors and the phys- 21 ical address of such facilities; 22 (C) maritime mobile service identity num- 23 ber of harvesting and transshipment vessels; and 24 VerDate Sep 11 2014 21:08 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H3075.RH H3075 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 3075 RH (D) beneficial owner of each harvesting and 1 transshipment vessel or aquaculture facility, 2 when applicable; 3 (2) require all importers submitting seafood im- 4 port data to require prior notification and submis- 5 sion of seafood import data at least 72 hours and no 6 more than 15 days prior to entry; and 7 (3) require verification and certification of har- 8 vest information by competent authorities at all 9 major transfer points in the supply chain, including 10 harvest, landing, processing, and transshipment at 11 the time of entry. 12 (b) FORCED LABOR.—The Secretary, working in direct 13 consultation with the Secretary of Homeland Security, De- 14 partment of Labor, and Department of State, shall, not 15 later than one year after the date of enactment of this Act, 16 complete a regulatory process to establish additional key 17 data elements for the Seafood Import Monitoring Program, 18 that collect information about labor conditions in the har- 19 vest, transshipment, and processing of imported fish and 20 fish products. 21 (c) INTERNATIONAL FISHERIES TRADE PERMIT.—Not 22 later than one year after the date of enactment of this Act, 23 the Secretary shall— 24 VerDate Sep 11 2014 21:08 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H3075.RH H3075 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 3075 RH (1) publish and maintain on the website of the 1 National Marine Fisheries Service a list of all current 2 International Fisheries Trade Permit holders, includ- 3 ing the name of the permit holder and expiration date 4 of the permit; 5 (2) begin to revoke, modify, or deny issuance of 6 an International Fisheries Trade with respect to a 7 permit holder or applicant that has violated any re- 8 quirement of section 300.322, 300.323, 300.324, or 9 300.325 of title 50, Code of Federal Regulations; and 10 (3) require an International Fisheries Trade 11 Permit for importers. 12 SEC. 105. EFFORTS TO IMPROVE DETECTION OF AT-RISK 13 SEAFOOD IMPORTS. 14 The Secretary of Commerce, in consultation with the 15 Secretary of Homeland Security, Secretary of Labor, and 16 the Secretary of State, shall, not later than one year after 17 the date of enactment of this Act, finalize a detailed stra- 18 tegic plan to develop, mature, and adopt artificial intel- 19 ligence and machine learning technologies to detect imports 20 of fish and fish products at risk of being associated with 21 illegal, unreported, or unregulated fishing, human traf- 22 ficking, forced labor, and seafood fraud, and provide a de- 23 tailed report of such strategic plan to the Committee on 24 VerDate Sep 11 2014 21:08 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H3075.RH H3075 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 3075 RH Natural Resources of the House of Representatives, and 1 Committee on Commerce of the Senate. 2 SEC. 106. IMPORT AUDITS. 3 (a) AUDIT PROCEDURES.—The Secretary shall, not 4 later than 1 year after the date of enactment of this Act, 5 implement procedures to audit information and supporting 6 records of sufficient numbers of imports of seafood and sea- 7 food products subject to the Seafood Import Monitoring Pro- 8 gram to support statistically robust conclusions that the 9 samples audited are representative of all seafood imports 10 with respect to a given year. 11 (b) ANNUAL REVISION.—In developing the procedures 12 required in subsection (a), the Secretary shall, not less fre- 13 quently than once each year, revise such procedures to 14 prioritize for audit those imports originating from coun- 15 tries— 16 (1) identified pursuant to sections 609(b) or 17 610(a) of the High Seas Driftnet Fishing Moratorium 18 Protection Act (16 U.S.C. 1826j(b) or 1826k(a)) that 19 have not yet received a subsequent positive certifi- 20 cation pursuant to sections 609(d) or 610(c) of such 21 Act, respectively; 22 (2) identified by an appropriate regional fishery 23 management organization as being the flag state or 24 landing location of vessels identified by other coun- 25 VerDate Sep 11 2014 21:08 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H3075.RH H3075 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 3075 RH tries or regional fisheries management organizations 1 as engaging in illegal, unreported, or unregulated 2 fishing; 3 (3) identified as having human trafficking, in- 4 cluding forced labor, in any part of the seafood sup- 5 ply chain, including on vessels flagged in such coun- 6 try and including feed for cultured production, in the 7 most recent Trafficking in Persons Report issued by 8 the Department of State in accordance with the Traf- 9 ficking Victims Protection Act of 2000 (22 U.S.C. 10 7101 et seq.); 11 (4) identified as producing goods that contain 12 seafood using forced labor or oppressive child labor in 13 the most recent List of Goods Produced by Child 14 Labor or Forced Labor in accordance with the Traf- 15 ficking Victims Protection Act (22 U.S.C. 7101 et 16 seq.); and 17 (5) identified as at risk for human trafficking, 18 including forced labor, in their seafood catching and 19 processing industries by the report required in section 20 3563 of the National Defense Authorization Act for 21 Fiscal Year 2020 (Public Law 116–92). 22 SEC. 107. INTERAGENCY COORDINATION. 23 The Secretary shall coordinate with the relevant agen- 24 cies to ensure that data elements described in this ti [Text truncated for display. Full text available on Congress.gov.]