[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3278 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 3278

To establish an improved regulatory process to prevent the introduction 
     and establishment in the United States of injurious wildlife.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2016

    Mrs. Gillibrand (for herself, Ms. Stabenow, Mr. Peters, and Mr. 
   Schumer) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To establish an improved regulatory process to prevent the introduction 
     and establishment in the United States of injurious wildlife.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Invasive Fish and Wildlife 
Prevention Act of 2016''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish an improved regulatory 
process to prevent the introduction and establishment in the United 
States of any injurious wildlife that is likely to cause--
            (1) economic or environmental harm; or
            (2) harm to--
                    (A) humans; or
                    (B) animal health.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Approved wildlife sanctuary.--The term ``approved 
        wildlife sanctuary'' means a sanctuary that--
                    (A) provides care for wildlife species; and
                    (B) is a corporation that--
                            (i) is--
                                    (I) exempt from taxation under 
                                section 501(a) of the Internal Revenue 
                                Code of 1986; and
                                    (II) described in sections 
                                501(c)(3) and 170(b)(1)(A)(vi) of that 
                                Code;
                            (ii) does not--
                                    (I) commercially trade in any 
                                animal regulated under this Act, 
                                including any offspring, part, or 
                                byproduct of any animal regulated under 
                                this Act; or
                                    (II) propagate any animal regulated 
                                under this Act; and
                            (iii) meets additional criteria, as the 
                        Director determines necessary and consistent 
                        with the purpose of this Act.
            (2) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (3) Fund.--The term ``Fund'' means the Injurious Wildlife 
        Prevention Fund established under section 13(a).
            (4) Import.--The term ``import'' means to bring, introduce, 
        or attempt to bring or introduce into any place that is subject 
        to the jurisdiction of the United States, notwithstanding the 
        meaning of the term under the customs law of the United States.
            (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (6) Injurious wildlife taxon or taxa.--
                    (A) In general.--The term ``injurious wildlife 
                taxon or taxa'' means any family, genus, species, 
                subspecies, or hybrid of nonnative wildlife that is 
                determined by the Director to be injurious in the 
                United States to--
                            (i) a human being;
                            (ii) an interest of--
                                    (I) agriculture;
                                    (II) horticulture; or
                                    (III) forestry; or
                            (iii) any wildlife or wildlife resources.
                    (B) Inclusions.--The term ``injurious wildlife 
                taxon or taxa'' includes any--
                            (i) wildlife specimen that represents a 
                        family, genus, species, subspecies, or hybrid 
                        described in subparagraph (A) that is born or 
                        reared in--
                                    (I) captivity; or
                                    (II) the wild;
                            (ii) viable egg, sperm, gamete, or other 
                        reproductive material of a wildlife specimen 
                        described in clause (i); and
                            (iii) offspring of a wildlife specimen 
                        described in that clause.
                    (C) Exclusions.--The term ``injurious wildlife 
                taxon or taxa'' does not include any--
                            (i) plant pest or biological control 
                        organism that is specifically defined or 
                        regulated under the Plant Protection Act (7 
                        U.S.C. 7701 et seq.);
                            (ii) pest that is defined or regulated as a 
                        threat to livestock or poultry under the Animal 
                        Health Protection Act (7 U.S.C. 8301 et seq.); 
                        or
                            (iii) common and clearly domesticated 
                        species or subspecies, including--
                                    (I) the cat (Felis catus);
                                    (II) cattle or oxen (Bos taurus);
                                    (III) the chicken (Gallus gallus 
                                domesticus);
                                    (IV) the common canary (Serinus 
                                canaria domesticus);
                                    (V) the dog (Canis lupus 
                                familiaris);
                                    (VI) the donkey or ass (Equus 
                                asinus);
                                    (VII) the goose (Anser spp.);
                                    (VIII) the duck (Anas spp.);
                                    (IX) the ferret (Mustela furo, 
                                Mustela putorius furo);
                                    (X) the gerbil (Meriones 
                                unguiculatus);
                                    (XI) the goat (Capra aegagrus 
                                hircus);
                                    (XII) the guinea pig or Cavy (Cavia 
                                porcellus);
                                    (XIII) the goldfish (Carassius 
                                auratus auratus);
                                    (XIV) hamsters of the species 
                                Cricetulus griseus, Mesocricetus 
                                auratus, Phodopus campbelli, Phodopus 
                                sungorus, and Phodopus roborovskii;
                                    (XV) the horse (Equus caballus);
                                    (XVI) the llama (Lama glama);
                                    (XVII) the mule or hinny (Equus 
                                caballus x E. asinus);
                                    (XVIII) the pig or hog (Sus scrofa 
                                domestica);
                                    (XIX) the sheep (Ovis aries); or
                                    (XX) any other common and clearly 
                                domesticated species or subspecies, as 
                                determined by the Director.
            (7) Person.--The term ``person'' means--
                    (A) an individual, corporation, partnership, trust, 
                association, or other private entity;
                    (B) any officer, employee, agent, department, or 
                instrumentality of--
                            (i) the Federal Government;
                            (ii) any Indian tribe, State, municipality, 
                        or political subdivision of a State; or
                            (iii) any foreign government; or
                    (C) any other entity subject to the jurisdiction of 
                the United States.
            (8) Qualified institution.--The term ``qualified 
        institution'' means--
                    (A) an institution that carries out a scientific, 
                zoological, medical research, or educational purpose, 
                as determined by the Director; or
                    (B) an approved wildlife sanctuary.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (10) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands;
                    (G) the United States Virgin Islands; and
                    (H) any other territory or possession of the United 
                States.
            (11) Transport.--The term ``transport'' means--
                    (A) to move;
                    (B) to convey;
                    (C) to carry;
                    (D) to ship by any means; or
                    (E) to deliver or receive for the purpose of--
                            (i) movement;
                            (ii) conveyance;
                            (iii) carriage; or
                            (iv) shipment.
            (12) United states.--The term ``United States'' means--
                    (A) all of the United States; and
                    (B) any land or water, including the territorial 
                sea and the Exclusive Economic Zone, within the 
                jurisdiction or sovereignty of the Federal Government.
            (13) Wildlife.--The term ``wildlife'' means any member of 
        the animal kingdom, including any--
                    (A) mammal;
                    (B) fish;
                    (C) bird;
                    (D) amphibian;
                    (E) reptile; or
                    (F) invertebrate.
            (14) Wildlife resources.--The term ``wildlife resources'' 
        means any--
                    (A) wildlife; or
                    (B) type of aquatic or land vegetation on which any 
                wildlife is dependent.

SEC. 4. DESIGNATION OF INJURIOUS WILDLIFE.

    (a) Designation.--The Secretary, acting through the Director, may 
by regulation designate any wildlife as an injurious wildlife taxon or 
taxa.
    (b) Basis for Designation.--
            (1) Sound science.--The Secretary, acting through the 
        Director, shall base the designation described in subsection 
        (a) on sound science.
            (2) Scientific risk assessment.--In making a designation 
        under subsection (a), the Secretary, acting through the 
        Director, shall conduct a scientific risk assessment that 
        includes consideration of--
                    (A) the scientific name and native range of the 
                wildlife;
                    (B) the likelihood and magnitude of the release or 
                escape of the wildlife;
                    (C) whether the wildlife has established or spread, 
                or has the potential to establish or spread, outside of 
                the native range of the wildlife in a habitat similar 
                to a habitat in the United States; or
                    (D) whether the wildlife has caused, or has the 
                potential to cause, harm in the United States to--
                            (i) a human being;
                            (ii) an interest of--
                                    (I) agriculture;
                                    (II) horticulture; or
                                    (III) forestry; or
                            (iii) any wildlife or wildlife resources;
                    (E) the potential impact of wildlife control or 
                eradication measures for the wildlife on human beings, 
                agriculture, horticulture, forestry, wildlife, or 
                wildlife resources in the United States; and
                    (F) any other risk assessment factor, as determined 
                by the Director in accordance with the purpose of this 
                Act.
            (3) Risk management determination.--In making a designation 
        under subsection (a), the Secretary, acting through the 
        Director, shall conduct a risk management determination that 
        includes consideration of--
                    (A) the results of the scientific risk assessment 
                described in paragraph (2);
                    (B) the ability and effectiveness of measures--
                            (i) to prevent the release or escape of the 
                        wildlife;
                            (ii) to manage and control the 
                        establishment and spread of the wildlife; or
                            (iii) to rehabilitate and recover 
                        ecosystems damaged by the wildlife; and
                    (C) any other risk management factor, as determined 
                by the Director in accordance with the purpose of this 
                Act.
            (4) Availability to the public.--The Secretary, acting 
        through the Director, shall make available to the public the 
        results of the assessments described in paragraphs (2) and (3).
    (c) Rulemaking for the Designation of Injurious Wildlife Taxon or 
Taxa.--
            (1) Proposed rule.--For a proposal to designate any 
        wildlife as an injurious wildlife taxon or taxa, the Director 
        shall--
                    (A) publish a proposed rule in the Federal Register 
                and on a publicly accessible Federal website;
                    (B) provide not fewer than 30 days for public 
                comment; and
                    (C) make available on a publicly accessible Federal 
                website the results of the scientific risk assessment 
                and the risk management determination described in 
                subsection (b).
            (2) Petitions.--
                    (A) In general.--Any interested person may submit 
                to the Director a petition to designate any wildlife as 
                an injurious wildlife taxon or taxa.
                    (B) Consideration of petition.--If the Director 
                determines that a petition described in subparagraph 
                (A) is complete and that the petition presents 
                substantial evidence that the wildlife is an injurious 
                wildlife taxon or taxa, the Director may--
                            (i) conduct a scientific risk assessment 
                        and a risk management determination under 
                        subsection (b); and
                            (ii) propose a rule in accordance with 
                        paragraph (1).
            (3) Notice and consultation.--In considering a proposed 
        designation of injurious wildlife taxon or taxa described in 
        paragraph (1), the Secretary shall notify and consult with, as 
        appropriate--
                    (A) any affected stakeholder, including--
                            (i) a State;
                            (ii) an Indian tribe; and
                            (iii) a qualified institution;
                    (B) the Aquatic Nuisance Species Task Force;
                    (C) the National Invasive Species Council;
                    (D) the Secretary of the Department of Agriculture;
                    (E) the Director of the Centers for Disease Control 
                and Prevention; and
                    (F) the Administrator of the National Oceanic and 
                Atmospheric Administration.
            (4) Final determination.--Not later than 14 months after 
        the date on which a proposed rule described in paragraph (1) is 
        published, the Director shall publish--
                    (A) a final rule in the Federal Register; or
                    (B) a notice in the Federal Register that the 
                proposed rule is withdrawn.
    (d) Wildlife Not in Trade to the United States.--
            (1) In general.--Any wildlife shall be considered wildlife 
        not in trade to the United States if the wildlife--
                    (A) is not native to the United States; and
                    (B) was not--
                            (i) as of the date of enactment of this 
                        Act, designated as an injurious wildlife taxon 
                        or taxa under subsection (a); or
                            (ii) during the 1-year period ending on the 
                        date of enactment of this Act, widely--
                                    (I) imported into the United 
                                States; or
                                    (II) transported between States.
            (2) Regulations.--Not later than 3 years after the date of 
        enactment of this Act, the Director shall promulgate 
        regulations that--
                    (A) define the term ``wildlife not in trade to the 
                United States'' for the purposes of this Act; and
                    (B) establish a process to ensure, before the 
                importation into the United States or transport between 
                States of any wildlife not in trade to the United 
                States, that wildlife is reviewed by the Director to 
                determine whether that wildlife should be designated as 
                an injurious wildlife taxon or taxa under subsection 
                (a).
    (e) Previously Listed Injurious Species.--
            (1) In general.--On the date of enactment of this Act, any 
        wildlife designated as injurious by section 42(a) of title 18, 
        United States Code, including any designation made under that 
        section (as in effect on the day before the date of enactment 
        of this Act), shall be designated as an injurious wildlife 
        taxon or taxa under this Act.
            (2) Applicability.--Subsections (a) through (d) and section 
        553 of title 5, United States Code, shall not apply to any 
        designation, or the publication of a designation, described in 
        paragraph (1).
    (f) Emergency Temporary Designation.--
            (1) In general.--The Director may immediately and 
        temporarily make an emergency temporary designation of any 
        wildlife as an injurious wildlife taxon or taxa for any 
        wildlife that poses an imminent threat in the United States 
        to--
                    (A) a human being;
                    (B) an interest of--
                            (i) agriculture;
                            (ii) horticulture; or
                            (iii) forestry; or
                    (C) any wildlife or wildlife resources.
            (2) Regulation.--
                    (A) In general.--In the case of an emergency 
                temporary designation made under paragraph (1), the 
                Director shall publish a regulation in the Federal 
                Register that includes a detailed reason for which the 
                emergency temporary designation is necessary.
                    (B) Effective immediately.--A regulation described 
                in subparagraph (A) shall be effective immediately on 
                the date of the publication of the regulation in the 
                Federal Register.
                    (C) Expiration.--A regulation promulgated under 
                subparagraph (A) shall cease to have force and effect 
                not earlier than 1 year after the date on which the 
                regulation is published in the Federal Register.
                    (D) Withdrawal.--The Director shall withdraw a 
                regulation issued under subparagraph (A) if the 
                Director determines that the regulation is not 
                necessary.
                    (E) Applicability.--Subsections (b) and (c) and 
                section 553 of title 5, United States Code, shall not 
                apply to an emergency temporary designation issued 
                under subparagraph (A).
            (3) Final determination.--Not later than 1 year after the 
        date on which an emergency temporary designation is promulgated 
        under paragraph (2), the Director shall make a final 
        determination regarding whether the wildlife that is the 
        subject of the emergency temporary designation should be 
        designated as an injurious wildlife taxon or taxa under 
        subsection (a).
            (4) Request by a governor.--If the Governor of a State 
        requests an emergency temporary designation under paragraph 
        (1), the Director--
                    (A) shall respond promptly to the request in 
                writing; and
                    (B) may make an emergency temporary designation 
                under that paragraph.
    (g) Economic Impact Analyses.--Notwithstanding chapter 6 of title 
5, United States Code, and section 804 of that title, in carrying out 
the provisions of this section, the Secretary may forego economic 
impact analyses.

SEC. 5. REPORT ON COLLECTION OF INFORMATION ON IMPORTED WILDLIFE.

    Not later than 18 months after the date of enactment of this Act, 
the Secretary, in consultation with the Secretary of Homeland Security, 
shall provide to the Committee on Environment and Public Works of the 
Senate and the Committee on Natural Resources of the House of 
Representatives a report that describes the status of measures--
            (1) to coordinate the collection and management of data on 
        imported wildlife; and
            (2) to establish an electronic database that readily 
        identifies, using scientific names to the species level (or 
        subspecies level, if applicable)--
                    (A) imports of all live wildlife; and
                    (B) whether that wildlife species (or subspecies) 
                has been designated as an injurious wildlife taxon or 
                taxa.

SEC. 6. PREVENTION OF WILDLIFE PATHOGENS AND PARASITES.

    (a) In General.--The Secretary shall have the primary authority to 
prevent, and the primary responsibility for preventing, the importation 
of, and interstate commerce in, wildlife pathogens and harmful 
parasites.
    (b) Regulations.--
            (1) In general.--The Secretary shall promulgate 
        regulations--
                    (A) to minimize the likelihood of introduction or 
                dissemination of any disease or harmful parasite of 
                native or nonnative wildlife; and
                    (B) to impose import restrictions, including 
                management measures, health certifications, quarantine 
                requirements, specifications for conveyances, holding 
                water, and associated materials, shipment and handling 
                requirements, and any other measure that the Secretary 
                determines to be necessary--
                            (i) to prevent the importation of, and 
                        interstate commerce in, wildlife pathogens and 
                        harmful parasites of native and nonnative 
                        wildlife; and
                            (ii) to address--
                                    (I) a particular injurious wildlife 
                                taxon;
                                    (II) the place of origin of a 
                                particular injurious wildlife taxon; 
                                and
                                    (III) the conveyance and materials 
                                associated with wildlife transport.
    (c) Relationship to Other Authorities.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall exclude from regulation under this section any pathogen, 
        parasite, or host taxon that is--
                    (A) defined or regulated by the Secretary of Health 
                and Human Services as a threat to humans under section 
                361 of the Public Health Service Act (42 U.S.C. 264);
                    (B) defined or regulated by the Secretary of 
                Agriculture as a threat to livestock or poultry under 
                the Animal Health Protection Act (7 U.S.C. 8301 et 
                seq.); or
                    (C) specifically defined or regulated by the 
                Secretary of Agriculture as a plant pest or approved 
                for biological control purposes under the Plant 
                Protection Act (7 U.S.C. 7701 et seq.).
            (2) Exception.--Notwithstanding paragraph (1), the 
        Secretary may regulate a pathogen, parasite, or host taxon 
        described in that paragraph if the pathogen, parasite, or host 
        taxon poses a wildlife disease risk.
    (d) Coordination.--
            (1) In general.--In carrying out this section, the 
        Secretary shall consult and coordinate with--
                    (A) the heads of other Federal agencies and 
                departments that regulate injurious wildlife taxa;
                    (B) the heads of State wildlife agencies;
                    (C) State veterinarians; and
                    (D) other officials with related authorities.
            (2) Consultation by secretary of agriculture.--If the 
        Secretary of Agriculture participates in the World Organization 
        for Animal Health, the Secretary of Agriculture shall confer 
        and consult with the Secretary on any matter relating to the 
        prevention of wildlife diseases that may threaten the United 
        States.

SEC. 7. PROHIBITIONS.

    (a) In General.--Subject to subsection (b) and section 8, it is 
unlawful for any person subject to the jurisdiction of the United 
States--
            (1) to import into the United States or transport between 
        States any wildlife designated as an injurious wildlife taxon 
        or taxa;
            (2) to possess any wildlife designated as an injurious 
        wildlife taxon or taxa, or a descendant of that wildlife, that 
        was imported or transported in violation of this Act;
            (3) to import into the United States or transport between 
        States any wildlife not in trade to the United States;
            (4) to possess any wildlife not in trade to the United 
        States, or a descendant of that wildlife, that was imported or 
        transported in violation of this Act;
            (5) to violate any term or condition of a permit issued to 
        a qualified institution under section 8;
            (6) to release into the wild any wildlife--
                    (A) designated as an injurious wildlife taxon or 
                taxa; or
                    (B) not in trade to the United States; or
            (7) to attempt any of the prohibited actions described in 
        paragraphs (1) through (6).
    (b) Limitation on Application.--
            (1) In general.--The prohibitions described in subsection 
        (a) shall not apply to any action carried out by a Federal, 
        State, or tribal government official--
                    (A) to enforce any of those prohibitions; or
                    (B) to prevent the introduction or establishment of 
                any wildlife designated as an injurious wildlife taxon 
                or taxa or any wildlife not in trade to the United 
                States, including any action to transport or possess 
                (including holding and sheltering) that wildlife.
            (2) Wildlife in possession of a federal agency.--Nothing in 
        this Act restricts the importation or transport between States 
        of an injurious wildlife taxon or taxa or any wildlife not in 
        trade by a Federal agency for the use of the Federal agency if 
        the wildlife remains in the possession of the Federal agency.
            (3) Dead natural history specimens.--Nothing in this Act 
        restricts the importation of a dead natural history specimen 
        for a museum or scientific collection if the dead natural 
        history specimen is properly preserved in a manner that 
        minimizes, to the maximum extent practicable, the risk of 
        exposure from any harmful wildlife pathogen or parasite.

SEC. 8. PERMITS.

    (a) In General.--The Director may issue to a qualified institution 
a permit that authorizes the import into the United States or transport 
between States of wildlife designated as an injurious wildlife taxon or 
taxa for scientific, zoological, medical research, or educational 
purposes if the Director finds that qualified institution properly 
demonstrates--
            (1) responsibility; and
            (2) continued protection of--
                    (A) human beings;
                    (B) the interests of--
                            (i) agriculture;
                            (ii) horticulture; and
                            (iii) forestry; and
                    (C) wildlife and wildlife resources.
    (b) Multi-Year Permit.--At the request of the qualified 
institution, a permit issued under subsection (a) shall be a multi-year 
permit of not less than 3 years if the permit is for a zoological, 
public display, conservation, or educational outreach purpose.
    (c) Terms and Conditions.--The Director may include in a permit 
issued under subsection (a) any terms and conditions designed to 
minimize the risk of introduction, establishment, and transport between 
States of any wildlife designated as an injurious wildlife taxon or 
taxa, as determined by the Director.
    (d) Termination.--The Director shall immediately terminate a permit 
issued under this section if the Director determines that the holder of 
a multi-year permit issued under this section does not meet--
            (1) the definition of a ``qualified institution''; or
            (2) the requirements of subsection (a).
    (e) Recordkeeping and Reporting.--
            (1) Recordkeeping.--A qualified institution that is issued 
        a permit under subsection (a) shall maintain records, subject 
        to annual inspection by the Director, of the importation into 
        the United States, transportation between States, possession, 
        or breeding of any wildlife designated as an injurious wildlife 
        taxon or taxa.
            (2) Report.--Not later than March 1 of the first calendar 
        year beginning after the date on which a permit is issued under 
        subsection (a), and each March 1 thereafter for the duration of 
        the permit, each qualified institution shall submit to the 
        Director a report on the importation, interstate transport, 
        possession, or breeding by the qualified institution of any 
        wildlife designated as an injurious wildlife taxon or taxa 
        during the preceding calendar year.
    (f) Regulations; List of Qualified Institutions.--The Director 
shall--
            (1) promulgate regulations to implement this section; and
            (2) maintain a current roster of qualified institutions on 
        a publicly available Federal website and through other 
        appropriate means, as determined by the Director.
    (g) Streamlining Permit Applications.--The Director may develop and 
implement an electronic system for the submission of permit 
applications under this section.

SEC. 9. FEES FOR LIVE WILDLIFE SHIPMENT.

    (a) Definition of Live Wildlife Shipment.--In this section, the 
term ``live wildlife shipment'' does not include a shipment made by a 
qualified institution for scientific, zoological, medical research, or 
educational purposes.
    (b) Reasonable User Fee.--Not later than 2 years after the date of 
enactment of this Act, the Director shall propose and adopt by 
regulation a reasonable fee to be charged on any imported live wildlife 
shipment for use in recovering a portion of the costs of--
            (1) improving the information available on the importation 
        into the United States and transport between States of 
        wildlife;
            (2) monitoring the import information described section 5;
            (3) conducting scientific risk assessments and risk 
        management determinations for wildlife taxa under section 4(b);
            (4) making emergency temporary designations under section 
        4(f); and
            (5) developing and implementing an electronic system for 
        streamlining the submission of permit applications in 
        accordance with section 8(g).
    (c) Cost Recovery Purpose.--The purpose of the user fee described 
in subsection (b) is to recover approximately 75 percent of the costs 
to the Director for the services listed in that subsection after--
            (1) the date on which the user fee regulation described in 
        that subsection is fully implemented; and
            (2) the amounts of the user fees received have been 
        appropriated to the Fund established in section 13(a) for not 
        less than 1 full fiscal year.
    (d) Fee Limit.--
            (1) In general.--The amount of the user fee under this 
        section shall be--
                    (A) set by the Director only after considering 
                public comments on the proposed user fee regulation; 
                and
                    (B) charged--
                            (i) broadly and fairly across the live 
                        wildlife import industry; and
                            (ii) at the lowest level practicable to 
                        achieve the cost recovery purpose described in 
                        subsection (c).
            (2) Annual total fee revenue.--In setting the user fee 
        under this section, the Director shall seek to set a user fee 
        amount that ensures that the annual total user fee revenue is 
        not more than the amount of the annual total fee revenue of the 
        fees charged by the Director under the inspection program of 
        the Director to oversee the importation of live wildlife 
        carried out pursuant to--
                    (A) section 11(f) of the Endangered Species Act of 
                1973 (16 U.S.C. 1540(f)); and
                    (B) subpart I of part 14 of title 50, Code of 
                Federal Regulations (or successor regulations).
    (e) Separation From Other Fees.--The Secretary shall keep the user 
fees collected in accordance with this section separate from any other 
fees that the Secretary collects for any other law enforcement or 
inspection activity.

SEC. 10. PENALTIES AND SANCTIONS.

    (a) Enforcement.--The Secretary and the Secretary of Homeland 
Security--
            (1) shall enforce the provisions of this Act, including any 
        regulations or permits issued under this Act; and
            (2) may require the furnishing of an appropriate bond, if 
        desirable to ensure compliance with those provisions.
    (b) Authorization by the Secretary.--Any person authorized by the 
Secretary to enforce this Act shall have the authorities described in 
section 6(b) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(b)).
    (c) Civil Penalties.--
            (1) In general.--Subject to paragraph (2), any person who 
        violates any provision of this Act, any permit issued under 
        this Act, or a regulation issued under this Act may be assessed 
        a civil penalty by the Secretary of not more than $10,000 for 
        each violation.
            (2) Notice and opportunity for a hearing.--
                    (A) In general.--No civil penalty may be assessed 
                under this subsection for a violation under this Act 
                unless a person described in paragraph (1) is given 
                notice and opportunity for a hearing with respect to 
                the violation.
                    (B) Hearing.--
                            (i) In general.--A hearing described in 
                        subparagraph (A) shall be conducted in 
                        accordance with section 554 of title 5, United 
                        States Code.
                            (ii) Subpoena.--The Secretary may, for any 
                        hearing under this paragraph--
                                    (I) issue a subpoena for--
                                            (aa) the attendance or 
                                        testimony of a witness; or
                                            (bb) the production of 
                                        relevant papers, books, or 
                                        documents; and
                                    (II) administer an oath.
                            (iii) Fees and mileage.--Any witness 
                        summoned under clause (ii) shall be paid the 
                        same fees and mileage that are paid to a 
                        witness in a court of the United States.
                            (iv) Contumacy or failure to obey a 
                        subpoena.--
                                    (I) In general.--In the case of 
                                contumacy or failure to obey a subpoena 
                                issued under clause (ii), the district 
                                court of the United States for the 
                                district in which the subpoenaed person 
                                is found, resides, or transacts 
                                business, on application by the United 
                                States and after notice to the 
                                subpoenaed person, may issue an order 
                                requiring the person--
                                            (aa) to appear and give 
                                        testimony before the Secretary; 
                                        or
                                            (bb) to appear and produce 
                                        documentary evidence before the 
                                        Secretary.
                                    (II) Failure to obey order.--Any 
                                failure to obey an order issued under 
                                subclause (I) may be punished by the 
                                court described in that subclause as 
                                contempt of that court.
            (3) Separate offense.--Each violation under this Act shall 
        be a separate offense.
            (4) Remission or mitigation.--The Secretary may remit or 
        mitigate any civil penalty assessed under this subsection.
            (5) Failure to pay.--
                    (A) In general.--If a person assessed a civil 
                penalty under paragraph (1) fails to pay the civil 
                penalty, the Secretary may request that the Attorney 
                General institute a civil action to collect the penalty 
                in a district court of the United States for any 
                district in which the person is found, resides, or 
                transacts business, and that court shall have 
                jurisdiction to hear and decide the action.
                    (B) Record; substantial evidence.--The court 
                described in subparagraph (A) shall--
                            (i) hear the action described in that 
                        subparagraph on the record made before the 
                        Secretary in a hearing under in paragraph 
                        (2)(B); and
                            (ii) sustain the decision of the Secretary 
                        if that decision is supported by substantial 
                        evidence in the record, considered as a whole.
    (d) Criminal Offenses.--Any person who knowingly violates any 
provision of this Act, any permit issued under this Act, or a 
regulation issued under this Act shall be guilty of a class A 
misdemeanor.
    (e) Natural Resource Damages.--Any costs relating to the mitigation 
of injury caused by a violation of this Act shall be borne by the 
person who violated this Act.
    (f) Forfeiture.--
            (1) In general.--
                    (A) Wildlife.--Any wildlife that is imported, 
                transported, possessed, or released into the wild in 
                violation of this Act or a permit or regulation issued 
                under this Act, or any wildlife that any person has 
                attempted to import, transport, possess, or release 
                into the wild in violation of this Act or a permit or 
                regulation issued under this Act, shall be promptly 
                exported or destroyed at the expense of the importer, 
                consignee, or recipient.
                    (B) Equipment.--Any vessel, vehicle, aircraft, or 
                other equipment used to aid in the importing, 
                transporting, possessing, or releasing into the wild, 
                or in the attempt to import, transport, possess, or 
                release into the wild, of wildlife in a criminal 
                violation of this Act shall be subject to forfeiture to 
                the United States if the owner of the vessel, vehicle, 
                aircraft, or equipment was, at the time of the alleged 
                illegal act, a consenting party or privy to the alleged 
                illegal act or in the exercise of due care should have 
                known that the vessel, vehicle, aircraft, or equipment 
                would be used in a criminal violation of this Act.
            (2) Application of customs law.--
                    (A) In general.--Subject to subparagraph (B), all 
                provisions of law relating to the seizure, forfeiture, 
                and condemnation of property for violation of customs 
                law, the disposition of that property or the proceeds 
                from the sale of that property, and the remission or 
                mitigation of that forfeiture, shall apply to the 
                seizures and forfeitures incurred, or alleged to have 
                been incurred, under this Act if those provisions of 
                law are not inconsistent with this Act.
                    (B) Exception.--Any power, right, or duty conferred 
                or imposed by customs law on any officer or employee of 
                the Department of Homeland Security may, for the 
                purposes of this Act, be exercised or performed by the 
                Secretary, or by such persons as the Secretary may 
                designate, only if a warrant for the search or seizure 
                is issued in accordance with rule 41 of the Federal 
                Rules of Criminal Procedure.
            (3) Storage cost.--Any person convicted of an offense or 
        assessed a civil penalty under this Act shall be liable for the 
        costs incurred in the storage, care, and maintenance of any 
        wildlife seized in connection with the applicable violation.
            (4) Civil forfeiture.--A civil forfeiture under this 
        section shall be governed by chapter 46 of title 18, United 
        States Code.

SEC. 11. RELATIONSHIP TO STATE AND FEDERAL LAW.

    (a) Relationship to State Law.--Nothing in this Act prevents a 
State or Indian tribe from making or enforcing a law or regulation that 
is consistent with this Act.
    (b) Repeal.--
            (1) In general.--Section 42 of title 18, United States 
        Code, is amended--
                    (A) by striking ``(a)(1) The'' and all that follows 
                through ``(c) The Secretary'' and inserting ``The 
                Secretary''; and
                    (B) by striking ``this subsection'' each place it 
                appears and inserting ``this section''.
            (2) Effect.--The amendment made by paragraph (1) shall not 
        affect any right or duty that matured, any penalty that was 
        incurred, or any proceeding begun, under subsection (a) or (b) 
        of section 42 of title 18, United States Code (as in effect on 
        the day before the date of enactment of this Act), before the 
        date of enactment of this Act.
    (c) Relationship to Other Federal Laws.--Nothing in this Act--
            (1) repeals, supersedes, or modifies--
                    (A) the Public Health Service Act (42 U.S.C. 201 et 
                seq.);
                    (B) the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 301 et seq.);
                    (C) the Plant Protection Act (7 U.S.C. 7701 et 
                seq.);
                    (D) the Animal Health Protection Act (7 U.S.C. 8301 
                et seq.);
                    (E) the Animal Welfare Act (7 U.S.C. 2131 et seq.);
                    (F) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (G) any other provision of Federal law other than 
                the provision described in subsection (b); or
                    (H) any right, privilege, or immunity granted, 
                reserved, or established pursuant to a treaty, statute, 
                or an Executive order relating to any Indian tribe, 
                band, or community;
            (2) enlarges or diminishes the authority of any State or 
        Indian tribe to regulate the activities of any person on an 
        Indian reservation; or
            (3) authorizes any action with respect to the importation 
        of any plant pest, including any biological control agent, 
        under the Plant Protection Act (7 U.S.C. 7701 et seq.) to the 
        extent that the importation of the plant pest, including a 
        biological control agent, is subject to regulation under that 
        Act.

SEC. 12. REQUIREMENT TO PROMULGATE REGULATIONS.

    The Secretary--
            (1) shall promulgate the regulations required by this Act; 
        and
            (2) may promulgate other such regulations as are necessary 
        to carry out this Act.

SEC. 13. ESTABLISHMENT OF FUNDS AND AUTHORIZATION OF APPROPRIATIONS.

    (a) Injurious Wildlife Prevention Fund.--
            (1) Establishment.--The Secretary of the Treasury shall 
        establish in the Treasury of the United States a fund, to be 
        known as the ``Injurious Wildlife Prevention Fund''.
            (2) Deposits.--Beginning with the next full fiscal year 
        after the date of enactment of this Act and for each fiscal 
        year thereafter, the Secretary and the Secretary of the 
        Treasury shall deposit in the Fund all revenues received by the 
        Secretary and the Secretary of the Treasury as user fees under 
        section 9 and civil and criminal penalties under section 10.
            (3) Administration.--The Secretary shall administer the 
        Fund.
            (4) Obligations.--
                    (A) In general.--The Secretary and the Director, as 
                appropriate, may obligate amounts in the Fund to carry 
                out this Act, without further appropriation.
                    (B) Availability.--Amounts available for obligation 
                under this section shall remain available without 
                fiscal year limitation.
    (b) Use of Funds.--
            (1) In general.--Of the amounts deposited in the Fund for a 
        fiscal year--
                    (A) 75 percent shall be available to the Secretary 
                for use in carrying out this Act (other than paragraph 
                (2)); and
                    (B) 25 percent shall be used by the Director to 
                carry out paragraph (2).
            (2) Natural resource assistance grants.--
                    (A) In general.--The Secretary shall establish a 
                program to make natural resource assistance grants to 
                States and Indian tribes for use in supporting best 
                practices and capacity building by States and Indian 
                tribes, consistent with the purposes of this Act, for--
                            (i) inspecting and monitoring interstate 
                        transport of wildlife between States; and
                            (ii) conducting assessments of risk 
                        associated with the intentional importation of 
                        any wildlife.
                    (B) Funding.--Of the amounts described in paragraph 
                (1)(B), 10 percent shall be available to the Director 
                for the implementation of the program established under 
                subparagraph (A).
    (c) Prohibition.--Amounts in the Fund may not be made available for 
any purpose other than a purpose described in subsection (b).
    (d) Annual Reports.--
            (1) In general.--Not later than 60 days after the end of 
        each fiscal year beginning with fiscal year 2017, the Director 
        shall submit to the Committees on Appropriations and 
        Environment and Public Works of the Senate and the Committees 
        on Appropriations and Natural Resources of the House of 
        Representatives a report that describes the operation of the 
        Fund during the preceding fiscal year.
            (2) Contents.--A report described in paragraph (1) shall 
        include, for the fiscal year covered by the report--
                    (A) a statement of the amounts deposited in the 
                Fund;
                    (B) a description of any expenditure made from the 
                Fund for the fiscal year, including the purpose of the 
                expenditure;
                    (C) a recommendation for any additional authority 
                to fulfill the purpose of the Fund; and
                    (D) a statement of the balance remaining in the 
                Fund at the end of the fiscal year.
    (e) Separate Appropriations Account.--Section 1105(a) of title 31, 
United States Code, is amended by adding at the end the following:
            ``(40) a separate statement for the Injurious Wildlife 
        Prevention Fund established under section 13(a) of the Invasive 
        Fish and Wildlife Prevention Act of 2016, that includes the 
        estimated amount of deposits in the Fund, obligations, and 
        outlays from the Fund.''.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this Act such sums as may be necessary, to 
remain available until expended.

SEC. 14. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such a provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act 
and the amendments made by this Act, and the application of the 
provision or amendment to any other person or circumstance, shall not 
be affected.
                                 <all>