[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5697 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 5697

To support wildlife conservation, improve anti-trafficking enforcement, 
 provide dedicated funding for wildlife conservation at no expense to 
                   taxpayers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2018

   Ms. Bordallo (for herself and Mr. Young of Alaska) introduced the 
    following bill; which was referred to the Committee on Natural 
  Resources, and in addition to the Committee on the Judiciary, 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 for wildlife conservation 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.

    This Act may be cited as the ``Wildlife Conservation and Anti-
Trafficking Act of 2018''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) direct Federal agencies to implement authorities under 
        current law to reward whistleblowers who furnish information 
        that leads to an arrest, criminal conviction, civil penalty 
        assessment, or forfeiture of property for any wildlife 
        trafficking violation;
            (2) provide a standardized process for determining and 
        adjudicating awards to whistleblowers under such authorities;
            (3) amend the Marine Turtle Conservation Act of 2004 (16 
        U.S.C. 6601 et seq.) to make United States territories eligible 
        for Federal funding and assistance and provide for the 
        conservation of freshwater turtles and tortoises under such 
        Act;
            (4) direct any fines, penalties, and forfeitures of 
        property from violations of the Marine Mammal Protection Act of 
        1972 (16 U.S.C. 1361 et seq.) to support marine mammal 
        conservation;
            (5) direct any fines, penalties, and forfeitures of 
        property from shark finning violations under the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 
        et seq.) to support shark conservation;
            (6) authorize the International Wildlife Conservation 
        Program to be administered by the United States Fish and 
        Wildlife Service;
            (7) authorize the Secretary of the Interior to station 
        United States Fish and Wildlife Service officials in high-
        intensity wildlife trafficking areas abroad;
            (8) make wildlife trafficking a predicate offense under 
        section 1892 of title 18, United States Code (popularly known 
        as the Travel Act), and the racketeering prohibitions (RICO) of 
        chapter 96 of such title;
            (9) direct any civil penalties, fines, forfeitures, and 
        restitution from wildlife trafficking violations under section 
        1892 of title 18, United States Code (popularly known as the 
        Travel Act), and the racketeering prohibitions (RICO) of 
        chapter 96 of such title to support wildlife conservation;
            (10) make violations for illegal, unreported, and 
        unregulated fishing under the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.) a 
        predicate offense under the money laundering statute (section 
        1956 of title 18, United States Code); and
            (11) direct any civil penalties, fines, forfeitures, and 
        restitution from wildlife trafficking violations of money 
        laundering statutes (including section 1956 of title 18, United 
        States Code, as enacted by Public Law 114-231) to support 
        wildlife conservation.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Focus country.--The term ``focus country'' has the 
        meaning given to that term by the Eliminate, Neutralize, and 
        Disrupt Wildlife Trafficking Act of 2016 (Public Law 114-231; 
        16 U.S.C. 7601 et seq.).
            (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), 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) Shark.--The term ``shark'' means any species of the 
        orders Hexanchiformes, Pristiophoriformes, Squaliformes, 
        Squatiniformes, Heterodontiformes, Orectolobiformes, 
        Lamniformes, and Carchariniformes.
            (4) Species.--The term ``species'' has the meaning given 
        that term in section 3 of the Endangered Species Act of 1973 
        (16 U.S.C. 1532).
            (5) Wildlife.--The term ``wildlife'' has the meaning given 
        to the term ``fish or wildlife'' in section 3 of the Endangered 
        Species Act of 1973 (16 U.S.C. 1532).
            (6) Wildlife trafficking.--The term ``wildlife 
        trafficking'' has the meaning given to that term by the 
        Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 
        2016 (Public Law 114-231; 16 U.S.C. 7601 et seq.).
            (7) Take.--The term ``take'' has the meaning given to that 
        term by the Endangered Species Act of 1973 (16 U.S.C. 
        1532(19)).

SEC. 4. WILDLIFE TRAFFICKING WHISTLEBLOWERS.

    (a) Plan of Action.--In coordination with other Federal agencies as 
appropriate, the Secretary of the Interior, the Secretary of Commerce, 
the Secretary of State, the Secretary of the Treasury, and the Attorney 
General shall within 1 year after the date of the enactment of this Act 
develop a plan of action to fully implement existing authorities for 
rewards to whistleblowers of violations of anti-wildlife-trafficking 
laws. Such plan of action shall--
            (1) include a strategy to raise public awareness in the 
        United States and abroad for reward opportunities for 
        whistleblowers provided under--
                    (A) section 6(d) of the Lacey Act Amendments of 
                1981 (16 U.S.C. 3375(d));
                    (B) section 11(d) of the Endangered Species Act of 
                1973 (16 U.S.C. 1540(d));
                    (C) section 106(c) of the Marine Mammal Protection 
                Act of 1972 (16 U.S.C. 1376(c));
                    (D) section 3 of the Fish and Wildlife Improvement 
                Act of 1978 (16 U.S.C. 742l);
                    (E) section 7(f) of the Rhinoceros and Tiger 
                Conservation Act of 1994 (16 U.S.C. 5305a(f)); and
                    (F) other applicable anti-wildlife-trafficking 
                laws;
            (2) delineate short-term and long-term goals for increasing 
        anti-wildlife-trafficking enforcement including recruitment of 
        whistleblowers, as appropriate;
            (3) describe specific actions to be taken to achieve such 
        goals and the means necessary to do so, including--
                    (A) formal partnerships with nongovernmental 
                organizations; and
                    (B) the establishment of Whistleblower Offices to 
                coordinate the receipt of whistleblower disclosures, 
                ensure referrals to the appropriate law enforcement 
                offices, and communicate with whistleblowers regarding 
                the status of their respective cases and potential 
                rewards;
            (4) be published on the internet website of the Federal 
        Register for public comment for no fewer than 60 days; and
            (5) be finalized within 90 days after the end of the public 
        comment period and made readily available on a public 
        Government internet website.
    (b) Updates to Plan of Action.--In coordination with other Federal 
agencies as appropriate, the Secretary of the Interior, the Secretary 
of Commerce, the Secretary of State, the Secretary of the Treasury, and 
the Attorney General shall review the plan of action under subsection 
(a) at least every 5 years and update it, as appropriate, following 
public notice and comment.
    (c) Awards to Whistleblowers.--
            (1) In general.--If any of the Secretaries referred to in 
        subsection (b), or the Attorney General, proceeds with any 
        administrative or judicial action under any of the laws 
        referred to in subsection (a) based on information brought to 
        the Secretary's or the Attorney General's attention by a person 
        qualified to receive an award under this subsection, such 
        Secretary or the Attorney General, respectively, shall pay such 
        person an award, subject to paragraph (2), in an amount that is 
        at least 15 percent but not more than 50 percent of the amounts 
        received by the United States as penalties, interest, fines, 
        forfeitures, community service payments, restitution payments, 
        and additional amounts in such action (including any related 
        civil or criminal actions) or any under settlement or plea 
        agreement in response to such action. The Secretary or the 
        Attorney General, as applicable, shall determine the amount of 
        such award based on the extent to which the person 
        substantially contributed to such action. The amount of the 
        award shall be determined within 90 days after the date of the 
        applicable plea agreement, judgment, or settlement or plea 
        agreement in such action, and shall be paid from the amounts so 
        received by the United States.
            (2) Reduction in or denial of award.--If the Secretary or 
        Attorney General determines that the claim for an award under 
        paragraph (1) is brought by a person who planned and initiated 
        the actions that led to the violation, then the Secretary or 
        Attorney General may appropriately reduce such award. If such 
        person is convicted of criminal conduct arising from the role 
        described in the preceding sentence, the Secretary or Attorney 
        General shall deny any award.
            (3) Appeal of award determination.--Any determination 
        regarding an award under paragraph (1) may, within 30 days 
        after the date of such determination, be appealed to the 
        appropriate United States Court of Appeals pursuant to section 
        706 of title 5, United States Code.
            (4) Submission of information.--The Secretaries and the 
        Attorney General shall permit the submission of confidential 
        and anonymous reports under this section consistent with the 
        procedures set forth in subsections (d)(2) and (h) of section 
        21F of the Securities and Exchange Act of 1934 (15 U.S.C. 78u-
        6(d)(2) and (h)).
            (5) Application of paragraph (1).--The procedures set forth 
        in paragraph (1) shall be applicable 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.
            (6) Annual report.--The Secretaries and the Attorney 
        General shall each year conduct a study and report to Congress 
        on the use of authorities, claims filed, awards paid, and 
        outreach conducted under this section. Such report requirement 
        may be satisfied by incorporating such report into the plan of 
        action required under subsection (a) and updates under 
        subsection (b).
            (7) Limitation on application.--This section shall apply 
        only with respect to amounts received by the United States 
        referred to in paragraph (1) on or after the date of the 
        enactment of this section.

SEC. 5. AUTHORIZATION OF INTERNATIONAL WILDLIFE CONSERVATION PROGRAM.

    (a) In General.--The Secretary of the Interior shall carry out the 
International Wildlife Conservation Program within the United States 
Fish and Wildlife Service to--
            (1) implement global habitat and conservation initiatives 
        under the jurisdiction of the Secretary;
            (2) address global conservation threats;
            (3) combat wildlife trafficking, poaching, and the trade in 
        illegal wildlife products;
            (4) provide financial, scientific, and other technical 
        assistance;
            (5) 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) carry out other international wildlife conservation and 
        habitat activities authorized by Federal law, as considered 
        appropriate by the Secretary.
    (b) 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 to--
                            (i) expand existing regional wildlife 
                        conservation programs as considered appropriate 
                        by the Secretary; and
                            (ii) establish new regional conservation 
                        programs in other critical landscapes and 
                        wildlife habitat globally, including the Asia-
                        Pacific Region.
            (2) Species component.--A species component that shall be 
        comprised of administration of the programs authorized by--
                    (A) the African Elephant Conservation Act (16 
                U.S.C. 4201 et seq.);
                    (B) the Rhinoceros and Tiger Conservation Act of 
                1994 (16 U.S.C. 5301 et seq.);
                    (C) the Asian Elephant Conservation Act of 1997 (16 
                U.S.C. 4261 et seq.);
                    (D) the Great Ape Conservation Act of 2000 (16 
                U.S.C. 6301 et seq.);
                    (E) the Marine Turtle Conservation Act of 2004 (16 
                U.S.C. 6601 et seq.);
                    (F) the Neotropical Migratory Bird Conservation Act 
                (16 U.S.C. 6101 et seq.);
                    (G) Wild Bird Conservation Act of 1992 (16 U.S.C. 
                4901 et seq.);
                    (H) the Critically Endangered Animals Conservation 
                Fund established by the Secretary and administered by 
                the United States Fish and Wildlife Service; and
                    (I) any similar authority provided to the Secretary 
                of the Interior concerning wildlife conservation 
                internationally.
            (3) Anti-trafficking component.--An anti-trafficking 
        component that shall be comprised of administration of the 
        programs authorized by--
                    (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) subsections (a) and (d) of section 8 of the 
                Fishermen's Protective Act of 1967 (22 U.S.C. 1978);
                    (D) the Eliminate, Neutralize, and Disrupt Wildlife 
                Trafficking Act of 2016 (16 U.S.C. 7601 et seq.);
                    (E) other applicable anti-wildlife-trafficking 
                laws; and
                    (F) activities authorized by section 6 of this Act.
            (4) Convention component.--A convention component that 
        shall be comprised of the Division of Management Authority and 
        the Division of Scientific Authority to implement the 
        Convention on International Trade in Endangered Species of Wild 
        Fauna and Flora (CITES) under section 8A of the Endangered 
        Species Act of 1973 (16 U.S.C. 1537a) and carry out other 
        related duties, as considered appropriate by the Secretary.
    (c) Additional Components.--The Secretary of the Interior may 
include additional components in the Program as the Secretary considers 
appropriate.
    (d) Relationship to Other Law.--Nothing in this section alters the 
responsibilities of the Secretary of the Interior 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 administering the Program, 
the Secretary of the Interior may accept donations of funds, gifts, and 
in-kind contributions and use such donations without further 
appropriation for capacity building, grants, and other on-the-ground 
uses carried out by the program components authorized by this section.

SEC. 6. USFWS OFFICERS ABROAD.

    (a) Placement of Officers.--The Secretary of the Interior, in 
consultation with the Secretary of State, may station at least one 
United States Fish and Wildlife Service officer in the primary United 
States diplomatic or consular post in--
            (1) each focus country;
            (2) each foreign country certified by the Secretary of the 
        Interior under section 8(a) of the Fishermen's Protective Act 
        of 1967 (22 U.S.C. 1978(a)) as a significant transit or 
        destination point for wildlife trafficking; or
            (3) other countries identified by the Secretary of the 
        Interior, in consultation with the Secretary of State.
    (b) Duties.--United States Fish and Wildlife Service officers 
stationed under subsection (a) shall--
            (1) assist local wildlife rangers in the protection of 
        wildlife and on-the-ground conservation;
            (2) facilitate apprehension of individuals who illegally 
        kill or take, or assist the illegal killing or taking of, 
        wildlife;
            (3) support local wildlife rangers, host country agencies, 
        and regional partners in wildlife trafficking investigations;
            (4) support United States-based wildlife trafficking 
        investigations with nexus to host country or region;
            (5) provide technical assistance and support to build 
        capacity in-country for wildlife conservation and anti-
        trafficking enforcement by host country partner agencies;
            (6) advise on leveraging United States Government assets in 
        combating wildlife trafficking;
            (7) support effective implementation of the Convention on 
        International Trade in Endangered Species of Wild Fauna and 
        Flora (CITES) and other international agreements pertaining 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 considered appropriate by the 
        Secretary of the Interior, in consultation with the Secretary 
        of State, to combat wildlife trafficking and promote 
        conservation of at-risk species.

SEC. 7. AMENDMENT OF MARINE TURTLE CONSERVATION ACT OF 2004.

    (a) In General.--The Marine Turtle Conservation Act of 2004 (Public 
Law 108-266) is amended--
            (1) in section 2(b) (16 U.S.C. 6601(b))--
                    (A) in the heading, by striking ``Purpose'' and 
                inserting ``Purposes''; and
                    (B) by striking ``purpose of this Act is'' and 
                inserting ``purposes of this Act are'';
            (2) in sections 2(b) and 3(2) (16 U.S.C. 6601(b), 6602(2)), 
        by inserting ``and territories of the United States'' after 
        ``foreign countries'' each place it occurs;
            (3) in section 3 (16 U.S.C. 6602)--
                    (A) in paragraph (2)(C), by striking ``and 
                regional'' and inserting ``, regional, and 
                territorial'';
                    (B) in paragraph (3), by striking ``Marine Turtle 
                Conservation Fund'' and inserting ``Turtle and Tortoise 
                Conservation Fund'';
                    (C) by inserting after paragraph (2) the following:
            ``(_) Freshwater turtle.--
                    ``(A) In general.--The term `freshwater turtle' 
                means any member of the family Carettochelyidae, 
                Chelidae, Chelydridae, Dermatemydidae, Emydidae, 
                Geoemydidae, Kinosternidae, Pelomedusidae, 
                Platysternidae, Podocnemididae, or Trionychidae.
                    ``(B) Inclusions.--The term `freshwater turtle' 
                includes--
                            ``(i) any part, product, egg, or offspring 
                        of a turtle described in subparagraph (A); and
                            ``(ii) a carcass of such a turtle.'';
                    (D) by adding at the end the following:
            ``(_) Territory of the United States.--The term `territory 
        of the United States' means each of American Samoa, Guam, the 
        Commonwealth of the Northern Mariana Islands, the Commonwealth 
        of Puerto Rico, the United States Virgin Islands, and any other 
        territory or possession of the United States.
            ``(_) Tortoise.--
                    ``(A) In general.--The term `tortoise' means any 
                member of the family Testudinidae.
                    ``(B) Inclusions.--The term `tortoise' includes--
                            ``(i) any part, product, egg, or offspring 
                        of a tortoise described in subparagraph (A); 
                        and
                            ``(ii) a carcass of such a tortoise.''; and
                    (E) by redesignating the paragraphs of such section 
                in order as paragraphs (1) through (9);
            (4)(A) in each of sections 2(a)(4), 2(a)(5), 2(a)(8), and 
        2(a)(9) (16 U.S.C. 6601(a)(4), 6601(a)(5), and 6601(a)(9)), by 
        striking ``marine turtle'' each place it appears and inserting 
        ``marine turtle, freshwater turtle, and tortoise'';
            (B) in each of sections 4(b) and 4(d), (16 U.S.C. 6603(b) 
        and 6603(d)), by striking ``marine turtle'' each place it 
        appears and inserting ``marine turtle, freshwater turtle, or 
        tortoise'';
            (C) in each of sections 2(a)(5), 2(a)(6), 2(a)(7), 2(a)(9), 
        2(b), and 4(a) (16 U.S.C. 6601(a)(5), 6601(a)(6), 6601(a)(7), 
        6601(a)(9), 6601(b), and 6603(a)), by striking ``marine 
        turtles'' each place it appears and inserting ``marine turtles, 
        freshwater turtles, and tortoises'';
            (D) in each of sections 3(2), 4(b), 4(d), 4(e), and 6(a) 
        (16 U.S.C. 6602(2), 6603(b), 6603(d), 6603(e), and 6605(a)), by 
        striking ``marine turtles'' each place it appears and inserting 
        ``marine turtles, freshwater turtles, or tortoises'';
            (E) in the heading for section 4 (16 U.S.C. 6603), by 
        striking ``marine turtle'' and inserting ``turtle and 
        tortoise''; and
            (F) in section 5 (16 U.S.C. 6604)--
                    (i) in the section heading, by striking ``marine 
                turtle'' and inserting ``turtle and tortoise''; and
                    (ii) in subsection (a), by striking ``Marine 
                Turtle'' and inserting ``Turtle and Tortoise''--
                            (I) by striking ``Marine Turtle'' and 
                        inserting ``Turtle and Tortoise'';
            (5) in section 4 (16 U.S.C. 6603)--
                    (A) in subsection (b)(1)(A), by inserting ``or 
                territory of the United States'' after ``foreign 
                country''; and
                    (B) in subsection (d) by inserting ``or territories 
                of the United States'' after ``foreign countries'';
            (6) in section 5(a) (16 U.S.C. 6604(a)), by striking 
        ``and'' after the semicolon at the end of paragraph (2), 
        striking the period at the end of paragraph (3) and inserting 
        ``; and'', and by adding at the end the following:
            ``(4) any amounts 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 such amounts received as--
                    ``(A) fines or penalties;
                    ``(B) proceeds from sales of forfeited property, 
                assets, or cargo; or
                    ``(C) restitution to the Federal Government.''; and
            (7) in section 7 (16 U.S.C. 6606)--
                    (A) by inserting before the text the following: 
                ``(a) In General.--''; and
                    (B) by adding at the end the following:
    ``(b) Allocation.--Of the amount authorized by subsection (a) for 
each fiscal year--
            ``(1) an amount not exceeding $1,510,000 is authorized only 
        for use by the Secretary for marine turtle conservation 
        purposes under this Act; and
            ``(2) of the amount appropriated in excess of $1,510,000, 
        not less than 40 percent is authorized only for use by the 
        Secretary for freshwater turtle and tortoise conservation 
        purposes under this Act.''.

SEC. 8. FUNDING FOR MARINE MAMMAL CONSERVATION.

    All amounts collected by the Secretary of Commerce, including 
fines, penalties, and proceeds from sales of forfeited assets or cargo, 
for violations of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1361 et seq.) or regulations implementing that Act shall be used by the 
Secretary for--
            (1) the benefit of the marine mammal species impacted by 
        the applicable violation, to the extent practicable;
            (2) marine mammal conservation purposes, as determined by 
        the Secretary;
            (3) responding to marine mammal strandings, entanglements, 
        or unusual mortality events, including activities under the 
        John H. Prescott Marine Mammal Rescue Assistance Grant Program 
        authorized by section 408 of the Marine Mammal Protection Act 
        of 1972 (16 U.S.C. 4121f-1);
            (4) payment of awards to whistleblowers on the applicable 
        violation under section 4(c) of this Act; or
            (5) enforcement of the Marine Mammal Protection Act of 1972 
        (16 U.S.C. 1361 et seq.) and regulations implementing that Act.

SEC. 9. 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 such 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 under that Act shall be used by 
the Secretary 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 the 
        provisions of law enacted by the Shark Conservation Act of 2010 
        (Public Law 111-348);
            (3) payment of awards to whistleblowers on the applicable 
        violation under section (4)(c) of this Act; 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. 10. WILDLIFE TRAFFICKING VIOLATIONS AS PREDICATE OFFENSES UNDER 
              TRAVEL ACT AND RACKETEERING STATUTE.

    (a) Travel Act.--Section 1952 of title 18, United States Code, is 
further 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 any of 
                subparagraphs (A) through (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 any of subparagraphs (A) through (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 and the 
amendments made by this section nullifies or supersedes any other 
provision of Federal law and regulations pertaining to the import of 
sport-hunted wildlife trophies. Nothing in this section or any 
amendments made by this section shall be--
            (1) construed to prohibit any citizen 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 such importation is in compliance 
        with sections 4(d) and 10 of the Endangered Species Act of 1973 
        (16 U.S.C. 1533(d) and 1539), section 3(a) of the Lacey Act 
        Amendments of 1981 (16 U.S.C. 3372(a)), and regulations 
        implementing those sections; or
            (2) used to prosecute any citizen 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 such importation is in compliance with 
        sections 4(d) and 10 of the Endangered Species Act of 1973 (16 
        U.S.C. 1533(d) and 1539), section 3(a) of the Lacey Act 
        Amendments of 1981 (16 U.S.C. 3372(a)), and regulations 
        implementing those sections.

SEC. 11. 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 subparagraph 
                (Q) of paragraph (1) of section 307 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. 12. FUNDS FROM WILDLIFE TRAFFICKING VIOLATIONS OF MONEY LAUNDERING 
              STATUTE.

    Section 1956 of title 18, United States Code, is further 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. 13. USES OF TRANSFERRED FUNDS FOR CONSERVATION.

    All amounts made available to the Secretary of the Interior under 
section 10 and section 12 shall be used--
            (1) for the benefit of the species impacted by the 
        applicable violation, to the extent practicable;
            (2) for payment of rewards under section 4(c) on the 
        applicable violation; or
            (3) to carry out--
                    (A) the African Elephant Conservation Act (16 
                U.S.C. 4201 et seq.);
                    (B) the Rhinoceros and Tiger Conservation Act of 
                1994 (16 U.S.C. 5301 et seq.);
                    (C) the Asian Elephant Conservation Act of 1997 (16 
                U.S.C. 4261 et seq.);
                    (D) the Great Ape Conservation Act of 2000 (16 
                U.S.C. 6301 et seq.);
                    (E) the Marine Turtle Conservation Act of 2004 (16 
                U.S.C. 6601 et seq.);
                    (F) the Neotropical Migratory Bird Conservation Act 
                (16 U.S.C. 6101 et seq.);
                    (G) the Wild Bird Conservation Act of 1992 (16 
                U.S.C. 4901 et seq.);
                    (H) the Critically Endangered Animals Conservation 
                Fund established by the Secretary and administered by 
                the United States Fish and Wildlife Service; and
                    (I) any other wildlife conservation programs or 
                activities authorized by Federal law, as considered 
                appropriate by the Secretary, including activities 
                pursuant to sections 5 and 6 of this Act.

SEC. 14. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Use of Amounts From Fines.--Section 1402(b)(1)(A) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10601(b)(1)(A)) is amended--
            (1) in clause (i), by striking ``and''; and
            (2) by adding at the end the following:
                            ``(iii) 1952(e), 1956(j), and 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 before ``or the 
Postmaster General'' the following: ``, the Secretary of the Treasury 
pursuant to section 1952(e), 1956(j), or 1963(n) of title 18,''.
                                 <all>