114 HR 6059 IH: Wildlife Conservation and Anti-Trafficking Act of 2021
U.S. House of Representatives
2021-11-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
117th CONGRESS
1st Session
H. R. 6059
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.
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.
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).
I

Wildlife Trafficking Whistleblowers
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.
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.
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.
II

Wildlife Conservation
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).
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.”.
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);” .
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.”.
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).” .
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.”.
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.”.
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.
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.
III

Anti-Trafficking and Poaching
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.
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.
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).”.
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”.
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.
IV

Illegal, Unreported, and Unregulated Fishing
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).
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;”.
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).”.
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).
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)”.