[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6059 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 6059
To support wildlife conservation, improve anti-trafficking enforcement,
provide dedicated funding at no expense to taxpayers, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 19, 2021
Mr. Garamendi (for himself and Mr. Young) introduced the following
bill; which was referred to the Committee on Natural Resources, and in
addition to the Committees on the Judiciary, and Foreign Affairs, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To support wildlife conservation, improve anti-trafficking enforcement,
provide dedicated funding at no expense to taxpayers, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Wildlife
Conservation and Anti-Trafficking Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is the
following:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--WILDLIFE TRAFFICKING WHISTLEBLOWERS
Sec. 101. Definition of Secretary concerned.
Sec. 102. Plan of action.
Sec. 103. Awards to whistleblowers.
TITLE II--WILDLIFE CONSERVATION
Sec. 201. International Wildlife Conservation Program.
Sec. 203. Amendments to Great Ape Conservation Act of 2000.
Sec. 204. Funding for Exotic Bird Conservation.
Sec. 205. Funding for Rhinoceros and Tiger Conservation.
Sec. 206. Funding for Neotropical Migratory Bird Conservation.
Sec. 207. Amendments to Marine Turtle Conservation Act of 2004.
Sec. 208. Funding for marine mammal conservation.
Sec. 209. Funding for shark conservation.
Sec. 210. Uses of transferred funds for wildlife conservation.
TITLE III--ANTI-TRAFFICKING AND POACHING
Sec. 301. United States Fish and Wildlife Service officers abroad.
Sec. 302. Wildlife trafficking violations as predicate offenses under
Travel Act and racketeering statute.
Sec. 303. Funds from wildlife trafficking violations of money
laundering statute.
Sec. 304. Technical and conforming amendments.
Sec. 305. Publication of Certifications under the Pelly Amendment.
TITLE IV--ILLEGAL, UNREPORTED, AND UNREGULATED FISHING
Sec. 401. Funding for illegal, unreported, and unregulated fishing
enforcement.
Sec. 402. Illegal, unreported, and unregulated fishing as predicate
offenses under money laundering statute.
Sec. 403. Funds from illegal, unreported, and unregulated fishing
violations of money laundering statute.
Sec. 404. Uses of transferred funds for illegal, unreported, and
unregulated fishing enforcement.
Sec. 405. Department of State Rewards for Justice Program.
SEC. 2. DEFINITIONS.
In this Act:
(1) CITES.--The term ``CITES'' means the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora (27 UST 1087; TIAS 8249).
(2) Country of concern; focus country; wildlife
trafficking.--The terms ``country of concern'', ``focus
country'', and ``wildlife trafficking'' have the meanings given
those terms in section 2 of the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601).
(3) Shark.--The term ``shark'' means any species of the
orders Hexanchiformes, Pristiophoriformes, Squaliformes,
Squatiniformes, Heterodontiforms, Orectolobiformes,
Lamniformes, and Carchariniformes.
(4) Import; species; take; wildlife.--The terms ``import'',
``species'', ``take'', and ``wildlife'' have the meaning given
those terms in section 3 of the Endangered Species Act of 1973
(16 U.S.C. 1532).
TITLE I--WILDLIFE TRAFFICKING WHISTLEBLOWERS
SEC. 101. DEFINITION OF SECRETARY CONCERNED.
In this title, the term ``Secretary concerned'' means, as
applicable--
(1) the Attorney General;
(2) the Secretary of the Interior;
(3) the Secretary of Commerce;
(4) the Secretary of State; and
(5) the Secretary of the Treasury.
SEC. 102. PLAN OF ACTION.
(a) In General.--In coordination with other Federal agencies as
appropriate, not later than 1 year after the date of enactment of this
Act, the Secretaries concerned shall develop a plan of action to fully
carry out existing authorities for awards to whistleblowers of
violations of laws applicable to wildlife trafficking.
(b) Requirements.--The plan of action under subsection (a) shall--
(1) include a strategy to raise public awareness in the
United States and abroad for reward opportunities for
whistleblowers provided under--
(A) section 3 of the Fish and Wildlife Improvement
Act of 1978 (16 U.S.C. 742l);
(B) section 106(c) of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1376(c));
(C) section 11(d) of the Endangered Species Act of
1973 (16 U.S.C. 1540(d));
(D) section 6(d) of the Lacey Act Amendments of
1981 (16 U.S.C. 3375(d));
(E) section 2205 of the African Elephant
Conservation Act (16 U.S.C. 4225);
(F) section 7(f) of the Rhinoceros and Tiger
Conservation Act of 1994 (16 U.S.C. 5305a(f)); and
(G) other laws applicable to wildlife trafficking;
(2) delineate short-term and long-term goals for increasing
enforcement against wildlife trafficking, including recruitment
of whistleblowers, as appropriate;
(3) describe specific actions to be taken to achieve the
goals under paragraph (2) and the means necessary to do so,
including--
(A) formal partnerships with nongovernmental
organizations; and
(B) the establishment of Whistleblower Offices--
(i) to coordinate the receipt of
whistleblower disclosures;
(ii) to ensure referrals to the appropriate
law enforcement offices; and
(iii) to communicate with whistleblowers
regarding the status of the respective cases
referred by the whistleblowers and potential
awards;
(4) be published in the Federal Register for public comment
for a period of not less than 60 days; and
(5) not later than 90 days after the end of the period
described in paragraph (4), be finalized and made readily
available on a public Federal Government internet website.
(c) Updates to Plan of Action.--In coordination with other Federal
agencies as appropriate, not less frequently than once every 5 years,
the Secretaries concerned shall review the plan of action under this
section and, as necessary, revise the plan of action following public
notice and comment.
SEC. 103. AWARDS TO WHISTLEBLOWERS.
(a) Award.--
(1) In general.--Subject to paragraphs (2) and (3), if a
Secretary concerned proceeds with any judicial or
administrative action under any of the laws described in
section 102(b)(1) based on information brought to the attention
of the Secretary concerned by a person qualified to receive an
award under this section, the Secretary concerned shall pay
that person an award.
(2) Award amount.--
(A) In general.--Subject to subparagraph (B), in
determining the amount of an award made under this
subsection, the Secretary concerned shall take into
consideration--
(i) the significance of the information
provided by the whistleblower to the success of
covered judicial or administrative action;
(ii) the degree of assistance provided by
the whistleblower and any legal representative
of the whistleblower in a covered judicial or
administrative action; and
(iii) the programmatic interest of the
Secretary in deterring violations of laws
applicable to wildlife trafficking by making
awards to whistleblowers who provide
information that lead to the successful
enforcement of such laws.
(B) Requirement.--The award under paragraph (1)
shall be not less than 10 percent, and not more than 30
percent, of the amounts received by the United States
as penalties, interest, fines, forfeitures, community
service payments, restitution payments, and additional
amounts in the action (including any related civil or
criminal actions) or under any settlement or plea
agreement in response to that action.
(C) Timeline.--The amount of the award under
paragraph (1) shall be--
(i) determined not later than 90 days after
the date of the applicable plea agreement,
judgment, or settlement in that action; and
(ii) paid from the amounts so received by
the United States.
(3) Application.--A Secretary concerned may make an award
under this subsection only in a case in which the total
sanction from all penalties, fines, community service payments,
restitution, interest, forfeitures, or civil or criminal
recoveries (including in related actions) exceeds $100,000.
(b) Reduction in or Denial of Award.--
(1) Reduction of award.--If the applicable Secretary
concerned determines that the claim for an award under
subsection (a) is brought by a person who planned and initiated
the actions that led to the violation, the Secretary concerned
may appropriately reduce the amount of the award.
(2) Denial of award.--If the person described in paragraph
(1) is convicted of criminal conduct arising from the role
described in that paragraph, the applicable Secretary concerned
shall deny any award under this subsection.
(c) Appeal of Award Determination.--Any determination with respect
to an award under subsection (a) may be appealed to the appropriate
court of appeals of the United States pursuant to section 706 of title
5, United States Code, not later than 30 days after the date of the
determination.
(d) Submission of Information.--The Secretaries concerned shall
permit the submission of confidential and anonymous reports under this
subsection consistent with the procedures set forth in subsections
(d)(2) and (h) of section 21F of the Securities Exchange Act of 1934
(15 U.S.C. 78u-6).
(e) Limitation on Application.--This section shall apply only with
respect to amounts received by the United States described in
subsection (a) on or after the date of enactment of this Act.
(f) Annual Report.--
(1) In general.--The Secretaries concerned shall submit to
Congress a report describing their use of whistleblower
authorities in law enforcement, including claims filed, awards
paid, the provision or provisions of law violated from which
whistleblower payments were derived, and outreach conducted
under this section.
(2) Incorporation allowed.--The requirement under paragraph
(1) may be satisfied by incorporating the report into the plan
of action required under section 102 or a revision under
section 102(c).
(g) Retaliation.--
(1) Prohibition on retaliation.--No employer shall
retaliate against any employee, former employee, or applicant
for employment because the employee, former employee, or
applicant for employment filed a claim under this provision,
raised concerns to other federal, state or local regulatory or
law enforcement authorities concerning a potential violation of
any wildlife trafficking law covered under this provision, or
reported such violation to his or her supervisor or another
person working on behalf of the employer who has the authority
to investigate or correct any such potential violation.
(2) Complaints.--An employee alleging discharge or
discrimination in violation of subsection (g) of this section,
or another person at the employee's request, may file a
complaint with respect to such allegation in the same manner as
a complaint may be filed under subsections (c) and (d) of
section 5567 of title 12, United States Code. Such complaint
shall be subject to the procedures, requirements and rights
described in those sections.
TITLE II--WILDLIFE CONSERVATION
SEC. 201. INTERNATIONAL WILDLIFE CONSERVATION PROGRAM.
(a) Definitions.--In this section:
(1) Program.--The term ``Program'' means the International
Wildlife Conservation Program established under subsection (b).
(2) Range state.--The term ``range state'' means a foreign
country, a freely associated state (pursuant to the Compact of
Free Association authorized by Public Law 99-239 (99 Stat.
1770)), or any territory or possession of the United States,
any portion of which is within the natural range of
distribution of a wildlife species.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Authorization of Program.--The Secretary shall carry out the
International Wildlife Conservation Program in the United States Fish
and Wildlife Service--
(1) to implement global habitat and conservation
initiatives under the jurisdiction of the Secretary;
(2) to address global conservation threats;
(3) to combat wildlife trafficking, poaching, and trade in
illegal wildlife products;
(4) to provide financial, scientific, and other technical
assistance;
(5) to facilitate implementation of treaties, conventions,
accords, or similar international agreements entered into by
the United States to promote fish, wildlife, plant, or habitat
conservation; and
(6) to carry out other international wildlife conservation
and habitat activities authorized by Federal law, as the
Secretary determines to be appropriate.
(c) Program Components.--The Program shall include the following:
(1) Regional component.--A regional component that shall--
(A) address grassroots conservation problems
through capacity building within regions of range
states to achieve comprehensive landscape or ecosystem-
level fish or wildlife conservation; and
(B) develop and implement a plan--
(i) to expand existing regional wildlife
conservation programs as the Secretary
determines to be appropriate; and
(ii) to establish new regional conservation
programs in other critical landscapes and
wildlife habitat globally.
(2) Species component.--A species component that shall
consist of administration of the programs authorized under--
(A) the African Elephant Conservation Act (16
U.S.C. 4201 et seq.);
(B) the Asian Elephant Conservation Act of 1997 (16
U.S.C. 4261 et seq.);
(C) the Wild Bird Conservation Act of 1992 (16
U.S.C. 4901 et seq.);
(D) the Rhinoceros and Tiger Conservation Act of
1994 (16 U.S.C. 5301 et seq.);
(E) the Neotropical Migratory Bird Conservation Act
(16 U.S.C. 6101 et seq.);
(F) the Great Ape Conservation Act of 2000 (16
U.S.C. 6301 et seq.);
(G) the Marine Turtle Conservation Act of 2004 (16
U.S.C. 6601 et seq.);
(H) the Amphibians in Decline Fund established by
the Secretary and administered by the United States
Fish and Wildlife Service;
(I) the Critically Endangered Animals Conservation
Fund established by the Secretary and administered by
the United States Fish and Wildlife Service; and
(J) any similar authority provided to the Secretary
relating to international wildlife conservation.
(3) Anti-trafficking component.--An anti-trafficking
component that shall consist of administration of the programs
authorized under--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the Lacey Act Amendments of 1981 (16 U.S.C.
3371 et seq.);
(C) the Eliminate, Neutralize, and Disrupt Wildlife
Trafficking Act of 2016 (16 U.S.C. 7601 et seq.);
(D) subsections (a) and (d) of section 8 of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1978);
(E) other laws applicable to wildlife trafficking,
as determined by the Secretary; and
(F) activities authorized under section 301.
(4) Convention component.--A convention component that
shall consist of the Division of Management Authority and the
Division of Scientific Authority of the United States Fish and
Wildlife Service to implement CITES and carry out other related
duties, as the Secretary determines to be appropriate.
(5) Additional components.--The Secretary may include
additional components in the Program as the Secretary
determines to be appropriate.
(d) Relationship to Other Law.--Nothing in this section alters the
responsibilities of the Secretary under section 8 of the Fish and
Wildlife Act of 1956 (16 U.S.C. 742g) and the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(e) Acceptance and Use of Donations.--In carrying out the Program,
the Secretary may--
(1) accept donations of funds, gifts, and in-kind
contributions; and
(2) use those donations, without further appropriation, for
capacity building, grants, and other on-the-ground uses under
the program components described in subsection (c).
SEC. 202. AMENDMENTS TO GREAT APE CONSERVATION ACT OF 2000.
Section 5(a) of the Great Ape Conservation Act of 2000 (16 U.S.C.
6304) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) any amounts, other than amounts paid as awards to
whistleblowers, received by the United States for any violation
of law pertaining to great apes under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.), the Lacey Act Amendments
of 1981 (16 U.S.C. 3371 et seq.), or regulations implementing
those Acts, including any of those amounts received as--
``(A) fines or penalties;
``(B) proceeds from sales of forfeited property,
assets, or cargo; or
``(C) restitution to the Federal Government.''.
SEC. 203. FUNDING FOR EXOTIC BIRD CONSERVATION.
Section 114(b)(2)(A) of the Wild Bird Conservation Act of 1992 (16
U.S.C. 4913(b)(2)(A)) is amended to read as follows:
``(A) all amounts received by the United States in
the form of penalties, fines, or forfeiture of property
(or proceeds from the sale of that forfeited property)
collected under this Act or imposed for violations
pertaining to exotic birds under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.), the Lacey Act
Amendments of 1981 (16 U.S.C. 3371 et seq.), or
regulations implementing those Acts in excess of the
cost of paying rewards under section 4912(c);''.
SEC. 204. FUNDING FOR RHINOCEROS AND TIGER CONSERVATION.
Section 7(f) of the Rhinoceros and Tiger Conservation Act of 1994
(16 U.S.C. 5305a(f)) is amended to read as follows:
``(f) Use of Penalty Amounts.--Amounts received as penalties,
fines, or forfeiture of property (or proceeds from the sale of
forfeited property) under this section--
``(1) shall be made available to the Secretary without
further appropriation for purposes described in section 6(d) of
the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)) relating
to the purposes of this Act; and
``(2) such funds as the Secretary determines exceed amounts
necessary for purposes described in paragraph (1) shall be
deposited in the Fund.''.
SEC. 205. FUNDING FOR NEOTROPICAL MIGRATORY BIRD CONSERVATION.
(a) In General.--Section 9 of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6108) is amended--
(1) in the section heading, by striking ``account'' and
inserting ``fund'';
(2) in subsection (a), by striking ``Neotropical Migratory
Bird Conservation Account'' and inserting ``Neotropical
Migratory Bird Conservation Fund''; and
(3) by amending subsection (b) to read as follows:
``(b) Deposits Into the Fund.--The Secretary of the Treasury shall
deposit into the Fund--
``(1) all amounts, other than amounts paid as rewards to
whistleblowers, received by the United States that are
attributable to fines, penalties, and forfeitures of property
(or proceeds from the sale of that forfeited property) imposed
for violations pertaining to neotropical migratory birds under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),
the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), or
regulations implementing those Acts;
``(2) all amounts received by the Secretary in the form of
donations under subsection (d); and
``(3) other amounts appropriated to the Fund.''; and
(4) in subsections (c) and (d), by striking ``Account''
each place it appears and inserting ``Fund''.
(b) Conforming Amendment.--Paragraph (1) of section 4 of such Act
(16 U.S.C. 6103) is amended to read as follows:
``(1) Fund.--The term `Fund' means the Neotropical
Migratory Bird Conservation Fund established by section
9(a).''.
SEC. 206. AMENDMENTS TO MARINE TURTLE CONSERVATION ACT OF 2004.
Section 5 of the Marine Turtle Conservation Act of 2004 (16 U.S.C.
6604) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) any amounts, other than amounts paid as awards to
whistleblowers, received by the United States for any violation
of law pertaining to marine turtles, freshwater turtles, or
tortoises under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), the Lacey Act Amendments of 1981 (16 U.S.C. 3371
et seq.), or regulations implementing those Acts, including any
of those amounts received as--
``(A) fines or penalties;
``(B) proceeds from sales of forfeited property,
assets, or cargo; or
``(C) restitution to the Federal Government.''.
SEC. 207. FUNDING FOR MARINE MAMMAL CONSERVATION.
(a) Deposits Into The Marine Mammal Unusual Mortality Event Fund.--
Section 405(c) of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421d(c)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) all amounts, other than amounts paid as rewards to
whistleblowers, collected by the Secretary of Commerce,
including assessment costs, fines, penalties, restitution,
natural resource damages, and forfeitures of property (or
proceeds from sales of forfeited assets or cargo), for
violations of this Act or regulations implementing this Act;
and
``(5) sums received from emergency declaration grants for
marine mammal conservation.''.
(b) Appropriation of Funds Received.--Section 509 of the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1423(h)) is amended by adding
at the end the following new subsection:
``(d) Appropriation of Funds Received.--All amounts received by the
Director of the United States Fish and Wildlife Service for violations
of this Act shall be available without further appropriation and until
expended to carry out the purposes this Act.''.
SEC. 208. FUNDING FOR SHARK CONSERVATION.
All amounts available to the Secretary of Commerce that are
attributable to fines, penalties, and forfeitures of property (or
proceeds from the sale of that forfeited property) imposed for
violations under section 307(1)(P) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857(1)(P)) or violations of
any fishery management plan for sharks prepared under title III of that
Act (16 U.S.C. 1851 et seq.) shall be used by the Secretary of Commerce
for--
(1) the benefit of the shark species impacted by the
applicable violation, to the extent practicable;
(2) shark conservation purposes, including to carry out
amendments made by the Shark Conservation Act of 2010 (Public
Law 111-348);
(3) payment of awards to whistleblowers on an applicable
violation under section 311(e)(1)(B) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1861(e)(1)(B)); or
(4) enforcement of section 307(1)(P) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1857(1)(P)) or any fishery management plan for sharks under
that Act.
SEC. 209. USES OF TRANSFERRED FUNDS FOR WILDLIFE CONSERVATION.
All amounts made available to the Secretary of the Interior under
the amendments made by sections 302 and 303 shall be used--
(1) for the benefit of the species impacted by the
applicable violation, to the extent practicable;
(2) for payment of awards to whistleblowers on an
applicable violation under section 103; or
(3) to carry out--
(A) the African Elephant Conservation Act (16
U.S.C. 4201 et seq.);
(B) the Asian Elephant Conservation Act of 1997 (16
U.S.C. 4261 et seq.);
(C) the Wild Bird Conservation Act of 1992 (16
U.S.C. 4901 et seq.);
(D) the Rhinoceros and Tiger Conservation Act of
1994 (16 U.S.C. 5301 et seq.);
(E) the Neotropical Migratory Bird Conservation Act
(16 U.S.C. 6101 et seq.);
(F) the Great Ape Conservation Act of 2000 (16
U.S.C. 6301 et seq.);
(G) the Marine Turtle Conservation Act of 2004 (16
U.S.C. 6601 et seq.);
(H) the Amphibians in Decline Fund established by
the Secretary and administered by the United States
Fish and Wildlife Service;
(I) the Critically Endangered Animals Conservation
Fund established by the Secretary and administered by
the United States Fish and Wildlife Service; or
(J) any other international wildlife conservation
programs or activities authorized by Federal law, as
considered appropriate by the Secretary, including
activities pursuant to sections 201 and 301.
TITLE III--ANTI-TRAFFICKING AND POACHING
SEC. 301. UNITED STATES FISH AND WILDLIFE SERVICE OFFICERS ABROAD.
(a) Definitions.--In this section:
(1) Host country.--The term ``host country'' means a
country that is hosting a United States Fish and Wildlife
officer under this section.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Placement of Officers.--The Secretary, in consultation with the
Secretary of State, may station not less than one United States Fish
and Wildlife Service officer in the primary diplomatic or consular post
of the United States in--
(1) a focus country or country of concern;
(2) a country that has a national who has been certified by
the Secretary under section 8(a)(2) of the Fishermen's
Protective Act of 1967 (22 U.S.C. 1978(a)(2)) as engaging in
trade or taking which diminishes the effectiveness of any
international program for endangered or threatened species; or
(3) other countries identified by the Secretary, in
consultation with the Secretary of State.
(c) Duties.--A United States Fish and Wildlife Service officer
stationed under subsection (b) shall--
(1) assist local agencies or officials responsible for the
protection of wildlife in the protection of wildlife and on-
the-ground conservation;
(2) facilitate apprehension of individuals who illegally
kill or take, or assist in the illegal killing or taking of,
wildlife;
(3) support local agencies or officials responsible for the
protection of wildlife in the host country and regional
partners of the United States in wildlife trafficking
investigations;
(4) support wildlife trafficking investigations based in
the United States with a nexus to a host country or region;
(5) provide technical assistance and support to build
capacity in the host country for wildlife conservation and
anti-trafficking enforcement by agencies that partner with the
host country;
(6) advise on leveraging the assets of the United States
Government to combat wildlife trafficking;
(7) support effective implementation of CITES and other
international agreements relating to wildlife conservation, in
coordination with the Secretary of State;
(8) work to reduce global demand for illegally traded
wildlife products and illegally taken wildlife; and
(9) conduct other duties as the Secretary, in consultation
with the Secretary of State, determines to be appropriate to
combat wildlife trafficking and promote conservation of at-risk
species.
SEC. 302. WILDLIFE TRAFFICKING VIOLATIONS AS PREDICATE OFFENSES UNDER
TRAVEL ACT AND RACKETEERING STATUTE.
(a) Travel Act.--Section 1952 of title 18, United States Code, is
amended--
(1) in subsection (b)--
(A) by striking ``or (3)'' and inserting ``(3)'';
and
(B) by striking ``of this title and (ii)'' and
inserting the following: ``of this title, or (4) any
act that is a criminal violation of subparagraph (A),
(B), (C), (D), (E), or (F) of section 9(a)(1) of the
Endangered Species Act of 1973 (16 U.S.C. 1538(a)(1)),
section 2203 of the African Elephant Conservation Act
(16 U.S.C. 4223), or section 7(a) of the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5305a(a)), if
the endangered or threatened species of fish or
wildlife, products, items, or substances involved in
the violation and relevant conduct, as applicable, have
a total value of more than $10,000 and (ii)''; and
(2) by adding at the end the following:
``(f) The Secretary of the Treasury shall transfer to the Secretary
of the Interior any amounts received by the United States as civil
penalties, fines, forfeitures of property or assets, or restitution to
the Federal Government for any violation under this section that
involves an unlawful activity described in subsection (b)(i)(4).''.
(b) RICO.--Chapter 96 of title 18, United States Code, is amended--
(1) in section 1961(1)--
(A) by striking ``or (G)'' and inserting ``(G)'';
and
(B) by inserting before the semicolon at the end
the following: ``, or (H) any act that is a criminal
violation of subparagraph (A), (B), (C), (D), (E), or
(F) of section 9(a)(1) of the Endangered Species Act of
1973 (16 U.S.C. 1538(a)(1)), section 2203 of the
African Elephant Conservation Act (16 U.S.C. 4223), or
section 7(a) of the Rhinoceros and Tiger Conservation
Act of 1994 (16 U.S.C. 5305a(a)), if the endangered or
threatened species of fish or wildlife, products,
items, or substances involved in the violation and
relevant conduct, as applicable, have a total value of
more than $10,000''; and
(2) in section 1963, by adding at the end the following:
``(n) The Secretary of the Treasury shall transfer to the Secretary
of the Interior any amounts received by the United States as civil
penalties, fines, forfeitures of property or assets, or restitution to
the Federal Government for any violation of section 1962 that is based
on racketeering activity described in section 1961(1)(H).''.
(c) Sport-Hunted Trophies.--Nothing in this section or the
amendments made by this section--
(1) nullifies or supersedes any other provision of Federal
law or any regulation pertaining to the import of sport-hunted
wildlife trophies;
(2) prohibits any citizen, national, or legal resident of
the United States, or an agent of such an individual, from
importing a lawfully taken sport-hunted trophy for personal or
similar noncommercial use if the importation is in compliance
with sections 4(d) and 10 of the Endangered Species Act of 1973
(16 U.S.C. 1533(d), 1539), section 3(a) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3372(a)), and regulations
implementing those sections; or
(3) may be used to prosecute any citizen, national, or
legal resident of the United States, or an agent of such an
individual, for importing a lawfully taken sport-hunted trophy
for personal or similar noncommercial use if the importation is
in compliance with sections 4(d) and 10 of the Endangered
Species Act of 1973 (16 U.S.C. 1533(d), 1539), section 3(a) of
the Lacey Act Amendments of 1981 (16 U.S.C. 3372(a)), and
regulations implementing those sections.
SEC. 303. FUNDS FROM WILDLIFE TRAFFICKING VIOLATIONS OF MONEY
LAUNDERING STATUTE.
Section 1956 of title 18, United States Code, is amended by adding
at the end the following:
``(j) The Secretary of the Treasury shall transfer to the Secretary
of the Interior any amounts received by the United States as civil
penalties, fines, forfeitures of property or assets, or restitution to
the Federal Government for any violation under this section that
involves an unlawful activity described in subsection (c)(7)(G).''.
SEC. 304. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Use of Amounts From Fines.--Section 1402(b)(1)(A) of the
Victims of Crime Act of 1984 (34 U.S.C. 20101(b)(1)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(iii) section 1952(f), section 1956(j),
and section 1963(n) of title 18, United States
Code; and''.
(b) Use of Amounts From Forfeitures.--Section 524(c)(4)(A) of title
28, United States Code, is amended by inserting ``the Secretary of the
Treasury pursuant to section 1952(f), section 1956(j), or section
1963(n) of title 18,'' before ``or the Postmaster General''.
SEC. 305. PUBLICATION OF CERTIFICATIONS UNDER THE PELLY AMENDMENT.
Section 8 of the Fisherman's Protective Act of 1967 (22 U.S.C.
1978) is amended--
(1) in subsection (a)--
(A) in paragraph (4), by inserting at the end the
following: ``The Secretary of the Interior or the
Secretary of Commerce, as appropriate, shall make
readily available on an appropriate public internet
website of the Federal Government a list of all
certifications made under subsection (a) and maintain
such listing until a termination of each such
certification is made under subsection (d).''; and
(B) in paragraph (5), by inserting at the end the
following: ``The Secretary of the Treasury shall make
readily available on an appropriate public internet
website of the Federal Government a list of all
offending countries for which a prohibition was made at
the direction of the President under this paragraph.'';
and
(2) in subsection (d), by inserting ``and on the public
Federal Government internet website required under subsection
(a)(4)'' before the period.
TITLE IV--ILLEGAL, UNREPORTED, AND UNREGULATED FISHING
SEC. 401. FUNDING FOR ILLEGAL, UNREPORTED, AND UNREGULATED FISHING
ENFORCEMENT.
All amounts available to the Secretary of Commerce that are
attributable to fines, penalties, and forfeitures of property (or
proceeds from the sale of that forfeited property) imposed for
violations under section 307(1)(Q) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857(1)(Q)) shall be used by
the Secretary of Commerce for fisheries enforcement, including for
payment of awards to whistleblowers under section 103 or other
applicable laws and to carry out amendments made by the Illegal,
Unreported, and Unregulated Fishing Enforcement Act of 2015 (Public Law
114-81; 129 Stat. 649).
SEC. 402. ILLEGAL, UNREPORTED, AND UNREGULATED FISHING AS PREDICATE
OFFENSES UNDER MONEY LAUNDERING STATUTE.
Section 1956(c)(7) of title 18, United States Code, is amended--
(1) in subparagraph (F), by striking ``; or'' and inserting
a semicolon;
(2) in subparagraph (G), by striking the semicolon and
inserting ``; or''; and
(3) by adding at the end the following:
``(H) any act that is a violation of section
307(1)(Q) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1857(1)(Q)), if the fish
involved in the violation and relevant conduct, as
applicable, have a total value of more than $10,000;''.
SEC. 403. FUNDS FROM ILLEGAL, UNREPORTED, AND UNREGULATED FISHING
VIOLATIONS OF MONEY LAUNDERING STATUTE.
Section 1956 of title 18, United States Code, is amended by adding
at the end the following:
``(j) The Secretary of the Treasury shall transfer to the Secretary
of Commerce any amounts received by the United States as civil
penalties, fines, forfeitures of property or assets, or restitution to
the Federal Government for any violation under this section that
involves an unlawful activity described in subsection (c)(7)(H).''.
SEC. 404. USES OF TRANSFERRED FUNDS FOR ILLEGAL, UNREPORTED, AND
UNREGULATED FISHING ENFORCEMENT.
All amounts made available to the Secretary of Commerce under the
amendments made by sections 402 and 403 shall be used for fisheries
enforcement purposes, including to carry out amendments made by the
Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015
(Public Law 114-81; 129 Stat. 649).
SEC. 405. DEPARTMENT OF STATE REWARDS FOR JUSTICE PROGRAM.
Subparagraph (B) of section 36(k)(5) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708(k)(5)) is amended by inserting
``, 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),'' after ``wildlife trafficking (as
defined by section 7601(12) of title 16)''.
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