[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3605 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3605

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 SENATE OF THE UNITED STATES

                            October 11, 2018

   Mr. Wyden introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 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--
            (1) to direct Federal agencies to implement authorities 
        under existing 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) to provide a standardized process for determining and 
        adjudicating awards to whistleblowers under authorities under 
        existing law;
            (3) to amend the Marine Turtle Conservation Act of 2004 (16 
        U.S.C. 6601 et seq.)--
                    (A) to make United States territories eligible for 
                Federal funding and assistance;
                    (B) to support the conservation of freshwater 
                turtles and tortoises; and
                    (C) to provide dedicated funding at no cost to 
                taxpayers under that Act;
            (4) to 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) to 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) to authorize the International Wildlife Conservation 
        Program to be administered by the United States Fish and 
        Wildlife Service;
            (7) to authorize the Secretary of the Interior to station 
        United States Fish and Wildlife Service officials in high-
        intensity wildlife trafficking areas abroad;
            (8) to make wildlife trafficking a predicate offense under 
        section 1952 of title 18, United States Code (commonly known as 
        the ``Travel Act''), and the racketeering prohibitions of 
        chapter 96 of title 18, United States Code (commonly known as 
        the ``Racketeer Influenced and Corrupt Organizations Act'');
            (9) to direct any civil penalties, fines, forfeitures, and 
        restitution from wildlife trafficking violations under section 
        1952 of title 18, United States Code (commonly known as the 
        ``Travel Act''), and the racketeering prohibitions of chapter 
        96 of title 18, United States Code (commonly known as the 
        ``Racketeer Influenced and Corrupt Organizations Act''), to 
        support wildlife conservation;
            (10) to 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 section 1956 of title 18, United States 
        Code;
            (11) to 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) to support wildlife conservation; and
            (12) to direct any civil penalties, fines, forfeitures, and 
        restitution for illegal, unreported, and unregulated fishing 
        violations of money laundering statutes (including section 1956 
        of title 18, United States Code) to support fisheries 
        enforcement, including to carry out amendments made by the 
        Illegal, Unreported, and Unregulated Fishing Enforcement Act of 
        2015 (Public Law 114-81; 129 Stat. 649).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) CITES.--The term ``CITES'' has the meaning given the 
        term in section 3 of the Marine Turtle Conservation Act of 2004 
        (16 U.S.C. 6602).
            (2) Focus country; wildlife trafficking.--The terms ``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, Heterodontiformes, Orectolobiformes, 
        Lamniformes, and Carchariniformes.
            (4) Species; take.--The terms ``species'' and ``take'' have 
        the meanings given those terms in section 3 of the Endangered 
        Species Act of 1973 (16 U.S.C. 1532).
            (5) Wildlife.--The term ``wildlife'' has the meaning given 
        the term ``fish or wildlife'' in section 3 of the Endangered 
        Species Act of 1973 (16 U.S.C. 1532).

SEC. 4. WILDLIFE TRAFFICKING WHISTLEBLOWERS.

    (a) Definition of Secretary Concerned.--In this section, 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.
    (b) Plan of Action.--
            (1) 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 rewards to whistleblowers of violations of 
        anti-wildlife-trafficking laws.
            (2) Requirements.--The plan of action under paragraph (1) 
        shall--
                    (A) include a strategy to raise public awareness in 
                the United States and abroad for reward opportunities 
                for whistleblowers provided under--
                            (i) section 6(d) of the Lacey Act 
                        Amendments of 1981 (16 U.S.C. 3375(d));
                            (ii) section 11(d) of the Endangered 
                        Species Act of 1973 (16 U.S.C. 1540(d));
                            (iii) section 106(c) of the Marine Mammal 
                        Protection Act of 1972 (16 U.S.C. 1376(c));
                            (iv) section 3 of the Fish and Wildlife 
                        Improvement Act of 1978 (16 U.S.C. 742l);
                            (v) section 7(f) of the Rhinoceros and 
                        Tiger Conservation Act of 1994 (16 U.S.C. 
                        5305a(f)); and
                            (vi) other applicable anti-wildlife-
                        trafficking laws;
                    (B) delineate short-term and long-term goals for 
                increasing anti-wildlife-trafficking enforcement, 
                including recruitment of whistleblowers, as 
                appropriate;
                    (C) describe specific actions to be taken to 
                achieve the goals under subparagraph (B) and the means 
                necessary to do so, including--
                            (i) formal partnerships with 
                        nongovernmental organizations; and
                            (ii) 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 rewards;
                    (D) be published in the Federal Register for public 
                comment for a period of not less than 60 days; and
                    (E) not later than 90 days after the end of the 
                period described in subparagraph (D), 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 
subsection (b) and, as necessary, revise the plan of action following 
public notice and comment.
    (d) Awards to Whistleblowers.--
            (1) Award.--
                    (A) In general.--Subject to subparagraphs (B) and 
                (C), if a Secretary concerned proceeds with any 
                administrative or judicial action under any of the laws 
                described in subsection (b)(2)(A) based on information 
                brought to the attention of the Secretary concerned by 
                a person qualified to receive an award under this 
                subsection, the Secretary concerned shall pay that 
                person an award.
                    (B) Award amount.--
                            (i) In general.--Subject to clause (ii), 
                        the Secretary concerned shall determine the 
                        amount of the award under subparagraph (A) 
                        based on the extent to which the person 
                        substantially contributed to the action.
                            (ii) Requirement.--The award under 
                        subparagraph (A) shall be not less than 15 
                        percent, and 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 the action 
                        (including any related civil or criminal 
                        actions) or any under settlement or plea 
                        agreement in response to that action.
                            (iii) Timeline.--The amount of the award 
                        under subparagraph (A) 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.
                    (C) Application.--A Secretary concerned may make an 
                award under this paragraph 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.
            (2) Reduction in or denial of award.--
                    (A) Reduction of award.--If the applicable 
                Secretary concerned 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, the Secretary concerned may appropriately 
                reduce the amount of the award.
                    (B) Denial of award.--If the person described in 
                subparagraph (A) is convicted of criminal conduct 
                arising from the role described in that subparagraph, 
                the applicable Secretary concerned shall deny any award 
                under this subsection.
            (3) Appeal of award determination.--Any determination with 
        respect to an award under paragraph (1) 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.
            (4) 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).
            (5) Limitation on application.--This subsection shall apply 
        only with respect to amounts received by the United States 
        described in paragraph (1) on or after the date of enactment of 
        this Act.
            (6) Annual report.--
                    (A) In general.--The Secretaries concerned shall 
                each year conduct a study on, and submit to Congress a 
                report describing the use of, authorities, claims 
                filed, awards paid, and outreach conducted under this 
                section.
                    (B) Incorporation allowed.--The requirement under 
                subparagraph (A) may be satisfied by incorporating the 
                report into the plan of action required under 
                subsection (b) or a revision under subsection (c).

SEC. 5. AUTHORIZATION OF 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, including the Asia-
                        Pacific Region.
            (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 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 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) 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 anti-wildlife-trafficking laws, as 
                determined by the Secretary; and
                    (F) activities authorized under section 6.
            (4) Convention component.--A convention component that 
        shall consist of the Division of Management Authority and the 
        Division of Scientific Authority of the United States Fish and 
        Wildlife Service to implement CITES and carry out other related 
        duties, as the Secretary determines to be appropriate.
            (5) Additional components.--The Secretary may include 
        additional components in the Program as the Secretary 
        determines to be appropriate.
    (d) Relationship to Other Law.--Nothing in this section alters the 
responsibilities of the Secretary under section 8 of the Fish and 
Wildlife Act of 1956 (16 U.S.C. 742g) and the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.).
    (e) Acceptance and Use of Donations.--In carrying out the Program, 
the Secretary may--
            (1) accept donations of funds, gifts, and in-kind 
        contributions; and
            (2) use those donations, without further appropriation, for 
        capacity building, grants, and other on-the-ground uses under 
        the program components described in subsection (c).

SEC. 6. 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 1 United States Fish and 
Wildlife Service officer in the primary diplomatic or consular post of 
the United States in--
            (1) a focus country;
            (2) a country that has a national who has been certified by 
        the Secretary under section 8(a)(2) of the Fishermen's 
        Protective Act of 1967 (22 U.S.C. 1978(a)(2)) as engaging in 
        trade or taking which diminishes the effectiveness of any 
        international program for endangered or threatened species; or
            (3) other countries identified by the Secretary, in 
        consultation with the Secretary of State.
    (c) Duties.--A United States Fish and Wildlife Service officer 
stationed under subsection (b) shall--
            (1) assist local agencies or officials responsible for the 
        protection of wildlife in the protection of wildlife and on-
        the-ground conservation;
            (2) facilitate apprehension of individuals who illegally 
        kill or take, or assist in the illegal killing or taking of, 
        wildlife;
            (3) support local agencies or officials responsible for the 
        protection of wildlife in the host country and regional 
        partners of the United States in wildlife trafficking 
        investigations;
            (4) support wildlife trafficking investigations based in 
        the United States with a nexus to a host country or region;
            (5) provide technical assistance and support to build 
        capacity in the host country for wildlife conservation and 
        anti-trafficking enforcement by agencies that partner with the 
        host country;
            (6) advise on leveraging the assets of the United States 
        Government to combat wildlife trafficking;
            (7) support effective implementation of CITES and other 
        international agreements relating to wildlife conservation, in 
        coordination with the Secretary of State;
            (8) work to reduce global demand for illegally traded 
        wildlife products and illegally taken wildlife; and
            (9) conduct other duties as the Secretary, in consultation 
        with the Secretary of State, determines to be appropriate to 
        combat wildlife trafficking and promote conservation of at-risk 
        species.

SEC. 7. MARINE TURTLE CONSERVATION ACT OF 2004.

    (a) Findings and Purpose.--Section 2 of the Marine Turtle 
Conservation Act of 2004 (16 U.S.C. 6601) is amended--
            (1) in subsection (a)--
                    (A) in paragraphs (5), (6), (7), and (9), by 
                striking ``marine turtles'' each place it appears and 
                inserting ``marine turtles, freshwater turtles, and 
                tortoises''; and
                    (B) in paragraphs (4), (5), (8), and (9), by 
                striking ``marine turtle'' each place it appears and 
                inserting ``marine turtle, freshwater turtle, and 
                tortoise''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Purposes.--The purposes of this Act are to assist in the 
conservation of marine turtles, freshwater turtles, and tortoises and 
the nesting habitats of marine turtles, freshwater turtles, and 
tortoises in foreign countries and territories of the United States by 
supporting and providing financial resources for projects--
            ``(1) to conserve those nesting habitats;
            ``(2) to conserve marine turtles, freshwater turtles, and 
        tortoises in those habitats; and
            ``(3) to address other threats to the survival of marine 
        turtles, freshwater turtles, and tortoises.''.
    (b) Definitions.--Section 3 of the Marine Turtle Conservation Act 
of 2004 (16 U.S.C. 6602) is amended--
            (1) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by striking ``marine turtles'' each 
                        place it appears and inserting ``marine 
                        turtles, freshwater turtles, or tortoises''; 
                        and
                            (ii) by inserting ``and territories of the 
                        United States'' after ``foreign countries''; 
                        and
                    (B) in subparagraph (C), by striking ``national and 
                regional'' and inserting ``national, regional, and 
                territorial'';
            (2) in paragraph (3), by striking ``Marine Turtle 
        Conservation Fund'' and inserting ``Turtle and Tortoise 
        Conservation Fund'';
            (3) by redesignating paragraphs (3) through (6) as 
        paragraphs (4) through (7), respectively;
            (4) by inserting after paragraph (2) the following:
            ``(3) 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.''; and
            (5) by adding at the end the following:
            ``(8) 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.
            ``(9) 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.''.
    (c) Marine Turtle Conservation Assistance.--Section 4 of the Marine 
Turtle Conservation Act of 2004 (16 U.S.C. 6603) is amended--
            (1) in the section heading, by striking ``marine turtle'' 
        and inserting ``turtle and tortoise'';
            (2) in subsection (a), by striking ``marine turtles'' and 
        inserting ``marine turtles, freshwater turtles, and 
        tortoises'';
            (3) in subsections (b), (d), and (e), by striking ``marine 
        turtles'' each place it appears and inserting ``marine turtles, 
        freshwater turtles, or tortoises'';
            (4) in subsection (b)(1)(A)--
                    (A) by inserting ``or territory of the United 
                States'' after ``foreign country''; and
                    (B) by striking ``marine turtle'' each place it 
                appears and inserting ``marine turtle, freshwater 
                turtle, or tortoise''; and
            (5) in subsection (d)--
                    (A) by inserting ``or territories of the United 
                States'' after ``foreign countries''; and
                    (B) by striking ``marine turtle'' and inserting 
                ``marine turtle, freshwater turtle, or tortoise''.
    (d) Marine Turtle Conservation Fund.--Section 5 of the Marine 
Turtle Conservation Act of 2004 (16 U.S.C. 6604) is amended--
            (1) in the section heading, by striking ``marine turtle'' 
        and inserting ``turtle and tortoise''; and
            (2) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Marine Turtle'' and inserting ``Turtle and 
                Tortoise'';
                    (B) in paragraph (2), by striking ``and'' at the 
                end;
                    (C) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (D) 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 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.''.
    (e) Advisory Group.--Section 6(a) of the Marine Turtle Conservation 
Act of 2004 (16 U.S.C. 6605(a)) is amended by striking ``marine 
turtles'' and inserting ``marine turtles, freshwater turtles, or 
tortoises''.
    (f) Authorization of Appropriations.--Section 7 of the Marine 
Turtle Conservation Act of 2004 (16 U.S.C. 6606) is amended--
            (1) by striking ``There is'' and inserting the following:
    ``(a) In General.--There is''; and
            (2) by adding at the end following:
    ``(b) Allocation.--Of the amount authorized by subsection (a) for 
each fiscal year--
            ``(1) not more than $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 of Commerce 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 of Commerce;
            (3) responding to marine mammal strandings, entanglements, 
        or unusual mortality events, including activities under the 
        John H. Prescott Marine Mammal Rescue Assistance Grant Program 
        under section 408 of the Marine Mammal Protection Act of 1972 
        (16 U.S.C. 1421f-1);
            (4) payment of awards to whistleblowers on an applicable 
        violation under section 4(d); 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 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; 124 Stat. 3668);
            (3) payment of awards to whistleblowers on an applicable 
        violation under section 4(d); 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. 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 to carry 
out amendments made by the Illegal, Unreported, and Unregulated Fishing 
Enforcement Act of 2015 (Public Law 114-81; 129 Stat. 649).

SEC. 11. WILDLIFE TRAFFICKING VIOLATIONS AS PREDICATE OFFENSES UNDER 
              TRAVEL ACT AND RACKETEERING STATUTE.

    (a) Travel Act.--Section 1952 of title 18, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) by striking ``or (3)'' and inserting ``(3)''; 
                and
                    (B) by striking ``of this title and (ii)'' and 
                inserting the following: ``of this title, or (4) any 
                act that is a criminal violation of subparagraph (A), 
                (B), (C), (D), (E), or (F) of section 9(a)(1) of the 
                Endangered Species Act of 1973 (16 U.S.C. 1538(a)(1)), 
                section 2203 of the African Elephant Conservation Act 
                (16 U.S.C. 4223), or section 7(a) of the Rhinoceros and 
                Tiger Conservation Act of 1994 (16 U.S.C. 5305a(a)), if 
                the endangered or threatened species of fish or 
                wildlife, products, items, or substances involved in 
                the violation and relevant conduct, as applicable, have 
                a total value of more than $10,000 and (ii)''; and
            (2) by adding at the end the following:
    ``(f) The Secretary of the Treasury shall transfer to the Secretary 
of the Interior any amounts received by the United States as civil 
penalties, fines, forfeitures of property or assets, or restitution to 
the Federal Government for any violation under this section that 
involves an unlawful activity described in subsection (b)(i)(4).''.
    (b) RICO.--Chapter 96 of title 18, United States Code, is amended--
            (1) in section 1961(1)--
                    (A) by striking ``or (G)'' and inserting ``(G)''; 
                and
                    (B) by inserting before the semicolon at the end 
                the following: ``, or (H) any act that is a criminal 
                violation of subparagraph (A), (B), (C), (D), (E), or 
                (F) of section 9(a)(1) of the Endangered Species Act of 
                1973 (16 U.S.C. 1538(a)(1)), section 2203 of the 
                African Elephant Conservation Act (16 U.S.C. 4223), or 
                section 7(a) of the Rhinoceros and Tiger Conservation 
                Act of 1994 (16 U.S.C. 5305a(a)), if the endangered or 
                threatened species of fish or wildlife, products, 
                items, or substances involved in the violation and 
                relevant conduct, as applicable, have a total value of 
                more than $10,000''; and
            (2) in section 1963, by adding at the end the following:
    ``(n) The Secretary of the Treasury shall transfer to the Secretary 
of the Interior any amounts received by the United States as civil 
penalties, fines, forfeitures of property or assets, or restitution to 
the Federal Government for any violation of section 1962 that is based 
on racketeering activity described in section 1961(1)(H).''.
    (c) Sport-Hunted Trophies.--Nothing in this section or the 
amendments made by this section--
            (1) nullifies or supersedes any other provision of Federal 
        law or any regulation pertaining to the import of sport-hunted 
        wildlife trophies;
            (2) prohibits any citizen, national, or legal resident of 
        the United States, or an agent of such an individual, from 
        importing a lawfully taken sport-hunted trophy for personal or 
        similar noncommercial use if the importation is in compliance 
        with sections 4(d) and 10 of the Endangered Species Act of 1973 
        (16 U.S.C. 1533(d), 1539), section 3(a) of the Lacey Act 
        Amendments of 1981 (16 U.S.C. 3372(a)), and regulations 
        implementing those sections; or
            (3) may be used to prosecute any citizen, national, or 
        legal resident of the United States, or an agent of such an 
        individual, for importing a lawfully taken sport-hunted trophy 
        for personal or similar noncommercial use if the importation is 
        in compliance with sections 4(d) and 10 of the Endangered 
        Species Act of 1973 (16 U.S.C. 1533(d), 1539), section 3(a) of 
        the Lacey Act Amendments of 1981 (16 U.S.C. 3372(a)), and 
        regulations implementing those sections.

SEC. 12. ILLEGAL, UNREPORTED, AND UNREGULATED FISHING AS PREDICATE 
              OFFENSES UNDER MONEY LAUNDERING STATUTE.

    Section 1956(c)(7) of title 18, United States Code, is amended--
            (1) in subparagraph (F), by striking ``; or'' and inserting 
        a semicolon;
            (2) in subparagraph (G), by striking the semicolon and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(H) any act that is a violation of section 
                307(1)(Q) of the Magnuson-Stevens Fishery Conservation 
                and Management Act (16 U.S.C. 1857(1)(Q)), if the fish 
                involved in the violation and relevant conduct, as 
                applicable, have a total value of more than $10,000;''.

SEC. 13. FUNDS FROM WILDLIFE TRAFFICKING AND 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 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).
    ``(k) The Secretary of the Treasury shall transfer to the Secretary 
of Commerce any amounts received by the United States as civil 
penalties, fines, forfeitures of property or assets, or restitution to 
the Federal Government for any violation under this section that 
involves an unlawful activity described in subsection (c)(7)(H).''.

SEC. 14. USES OF TRANSFERRED FUNDS FOR CONSERVATION.

    (a) Department of the Interior.--All amounts made available to the 
Secretary of the Interior under the amendments made by sections 11 and 
13 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(d) 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; or
                    (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.
    (b) Department of Commerce.--All amounts made available to the 
Secretary of Commerce under the amendments made by sections 12 and 13 
shall be used for fisheries enforcement purposes, including to carry 
out the Illegal, Unreported, and Unregulated Fishing Enforcement Act of 
2015 (Public Law 114-81; 129 Stat. 649).

SEC. 15. 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), subsections (j) 
                        and (k) of section 1956, 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), subsection (j) or (k) of section 
1956, or section 1963(n) of title 18,'' before ``or the Postmaster 
General''.
                                 <all>