AMENDMENT TO THE FISHERMEN’S PROTECTIVE ACT OF 1967.

SEC. 402. AMENDMENT TO THE FISHERMEN’S PROTECTIVE ACT OF 1967. (a) The Fishermen’s Protective Act of 1967 (22 U.S.C. 1971 et seq.) is amended by adding at the end the following new section: “Sec. 11. (a) In any case on or after June 15, 1994, in which a vessel of the United States exercising its right of passage is charged a fee by the government of a foreign country to engage in transit passage between points in the United States (including a point in the exclusive economic zone or in an area over which jurisdiction is in dispute), and such fee is regarded by the United States as being inconsistent with international law, the Secretary of State shall, subject to the availability of appropriated funds, reimburse the vessel owner for the amount of any such fee paid under protest. “(b) In seeking such reimbursement, the vessel owner shall provide, together with such other information as the Secretary of State may require— “(1) a copy of the receipt for payment; “(2) an affidavit attesting that the owner or the owner’s agent paid the fee under protest; and “(3) a copy of the vessel’s certificate of documentation. “(c) Requests for reimbursement shall be made to the Secretary of State within 120 days after the date of payment of the fee, or within 90 days after the date of enactment of this section, whichever is later. “(d) Such funds as may be necessary to meet the requirements of this section may be made available from the unobligated balance 109 STAT. 390 of previously appropriated funds remaining in the Fishermen’s Protective Fund established under section 9. To the extent that requests for reimbursement under this section exceed such funds, there are authorized to be appropriated such sums as may be needed for reimbursements authorized under subsection (a), which shall be deposited in the Fishermen’s Protective Fund established under section 9. “(e) The Secretary of State shall take such action as the Secretary deems appropriate to make and collect claims against the foreign country imposing such fee for any amounts reimbursed under this section. “(f) For purposes of this section, the term ‘owner’ includes any charterer of a vessel of the United States.”. (b) The Fishermen’s Protective Act of 1967 (22 U.S.C. 1971 et seq.) is further amended by adding at the end the following: “Sec. 12. (a) If the Secretary of State finds that the government of any nation imposes conditions on the operation or transit of United States fishing vessels which the United States regards as being inconsistent with international law or an international agreement, the Secretary of State shall certify that fact to the President. “(b) Upon receipt of a certification under subsection (a), the President shall direct the heads of Federal agencies to impose similar conditions on the operation or transit of fishing vessels registered under the laws of the nation which has imposed conditions on United States fishing vessels. “(c) For the purposes of this section, the term ‘fishing vessel’ has the meaning given that term in section 2101(11a) of title 46, United States Code. “(d) It is the sense of the Congress that any action taken by any Federal agency under subsection (b) should be commensurate with any conditions certified by the Secretary of State under subsection (a).”. (c) Notwithstanding any other provision of law, the Secretary of State shall reimburse the owner of any vessel of the United States for costs incurred due to the seizure of such vessel in 1994 by Canada on the basis of a claim to jurisdiction over sedentary species which was not recognized by the United States at the time of such seizure. Any such reimbursement shall cover, in addition to amounts reimbursable under section 3 of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1973), legal fees and travel costs incurred by the owner of any such vessel that were necessary to secure the prompt release of the vessel and crew. Total reimbursements under this subsection may not exceed $25,000 and may be made available from the unobligated balances of previously appropriated funds remaining in the Fishermen’s Protective Fund established under section 9 of the Fishermen’s Protective Act (22 U.S.C. 1979).