I 

116TH CONGRESS 

1ST SESSION H. R. 864 

To support wildlife conservation, improve anti-trafficking enforcement, provide 

dedicated funding at no expense to taxpayers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 30, 2019 

Mr. GARAMENDI (for himself and Mr. YOUNG) introduced the following bill; 

which was referred to the Committee on Natural Resources, and in addition to the 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 at no expense to 

taxpayers, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Wildlife Conservation and Anti-Trafficking Act of 2019’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is the following: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 


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Sec. 3. Definitions. 

TITLE I—WILDLIFE TRAFFICKING WHISTLEBLOWERS 

Sec. 101. Definition of Secretary concerned. 

Sec. 102. Plan of action. 

Sec. 103. Awards to whistleblowers. 

TITLE II—WILDLIFE CONSERVATION 

Sec. 201. International Wildlife Conservation Program. 

Sec. 202. Amendments to Great Ape Conservation Act of 2000. 

Sec. 203. Amendments to Marine Turtle Conservation Act of 2004. 

Sec. 204. Funding for marine mammal conservation. 

Sec. 205. Funding for shark conservation. 

Sec. 206. Uses of transferred funds for wildlife conservation. 

TITLE III—ANTI-TRAFFICKING AND POACHING 

Sec. 301. United States Fish and Wildlife Service officers abroad. 

Sec. 302. Wildlife trafficking violations as predicate offenses under Travel Act 

and racketeering statute. 

Sec. 303. Funds from wildlife trafficking violations of money laundering statute. 

Sec. 304. Technical and conforming amendments. 

TITLE IV—ILLEGAL, UNREPORTED, AND UNREGULATED FISHING 

Sec. 401. Funding for illegal, unreported, and unregulated fishing enforcement. 

Sec. 402. Illegal, unreported, and unregulated fishing as predicate offenses 

under money laundering statute. 

Sec. 403. Funds from illegal, unreported, and unregulated fishing violations of 

money laundering statute. 

Sec. 404. Uses of transferred funds for illegal, unreported, and unregulated 

fishing enforcement. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to direct Federal agencies to develop a plan 

4 of action to implement authorities under existing law 

5 to reward whistleblowers who furnish information 

6 that leads to an arrest, criminal conviction, civil pen7 alty assessment, or forfeiture of property for any 

8 wildlife trafficking violation; 


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1 (2) to provide a standardized process for deter2 mining and adjudicating awards to whistleblowers 

3 under authorities under existing law; 

4 (3) to authorize the International Wildlife Con5 servation Program to be administered by the United 

6 States Fish and Wildlife Service; 

7 (4) to amend the Great Ape Conservation Act 

8 of 2000 (16 U.S.C. 6301 et seq.)— 

9 (A) to authorize the awarding of multiyear 

10 grants from the Great Ape Conservation Fund; 

11 and 

12 (B) to provide dedicated funding under 

13 that Act at no cost to taxpayers; 

14 (5) to amend the Marine Turtle Conservation 

15 Act of 2004 (16 U.S.C. 6601 et seq.)— 

16 (A) to make United States territories eligi17 ble for Federal funding and assistance; 

18 (B) to support the conservation of fresh19 water turtles and tortoises; and 

20 (C) to provide dedicated funding at no cost 

21 to taxpayers under that Act; 

22 (6) to direct any fines, penalties, and forfeitures 

23 of property from violations of the Marine Mammal 

24 Protection Act of 1972 (16 U.S.C. 1361 et seq.) to 

25 support marine mammal conservation; 


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1 (7) to direct any fines, penalties, and forfeitures 

2 of property from shark finning or fishery violations 

3 under the Magnuson-Stevens Fishery Conservation 

4 and Management Act (16 U.S.C. 1801 et seq.) to 

5 support shark conservation; 

6 (8) to provide dedicated funding for inter7 national wildlife conservation at no cost to tax8 payers; 

9 (9) to authorize the Secretary of the Interior to 

10 station United States Fish and Wildlife Service offi11 cials in high-intensity wildlife trafficking areas 

12 abroad; 

13 (10) to make wildlife trafficking a predicate of14 fense under section 1952 of title 18, United States 

15 Code (commonly known as the Travel Act), and the 

16 racketeering prohibitions of chapter 96 of title 18, 

17 United States Code (commonly known as the Rack18 eteer Influenced and Corrupt Organizations Act); 

19 (11) to direct any civil penalties, fines, forfeit20 ures, and restitution from wildlife trafficking viola21 tions under section 1952 of title 18, United States 

22 Code (commonly known as the Travel Act), and the 

23 racketeering prohibitions of chapter 96 of title 18, 

24 United States Code (commonly known as the RackVerDate Sep 11 2014 20:49 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H864.IH H864

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1 eteer Influenced and Corrupt Organizations Act), to 

2 support wildlife conservation; 

3 (12) to direct any civil penalties, fines, forfeit4 ures, and restitution from wildlife trafficking viola5 tions of money laundering statutes (including section 

6 1956 of title 18, United States Code) to support 

7 wildlife conservation; 

8 (13) to make violations for illegal, unreported, 

9 and unregulated fishing under the Magnuson-Ste10 vens Fishery Conservation and Management Act (16 

11 U.S.C. 1801 et seq.) a predicate offense under sec12 tion 1956 of title 18, United States Code; 

13 (14) to direct any civil penalties, fines, forfeit14 ures, and restitution for illegal, unreported, and un15 regulated fishing violations of money laundering 

16 statutes (including section 1956 of title 18, United 

17 States Code) to support fisheries enforcement, in18 cluding to carry out amendments made by the Ille19 gal, Unreported, and Unregulated Fishing Enforce20 ment Act of 2015 (Public Law 114–81; 129 Stat. 

21 649); and 

22 (15) to provide dedicated funding for improved 

23 enforcement against illegal, unreported, and unregu24 lated fishing at no cost to taxpayers. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) CITES.—The term ‘‘CITES’’ means the 

4 Convention on International Trade in Endangered 

5 Species of Wild Fauna and Flora (27 UST 1087; 

6 TIAS 8249). 

7 (2) FOCUS COUNTRY; WILDLIFE TRAF8 FICKING.—The terms ‘‘focus country’’ and ‘‘wildlife 

9 trafficking’’ have the meanings given those terms in 

10 section 2 of the Eliminate, Neutralize, and Disrupt 

11 Wildlife Trafficking Act of 2016 (16 U.S.C. 7601). 

12 (3) SHARK.—The term ‘‘shark’’ means any spe13 cies of the orders Hexanchiformes, Pristiophori14 formes, Squaliformes, Squatiniformes, Heterodonti15 formes, Orectolobiformes, Lamniformes, and Car16 chariniformes. 

17 (4) SPECIES; TAKE; WILDLIFE.—Each of the 

18 terms ‘‘species’’, ‘‘take’’, and ‘‘wildlife’’ has the 

19 meaning given that term in section 3 of the Endan20 gered Species Act of 1973 (16 U.S.C. 1532). 

21 TITLE I—WILDLIFE TRAFFICK22 ING WHISTLEBLOWERS 

23 SEC. 101. DEFINITION OF SECRETARY CONCERNED. 

24 In this title, the term ‘‘Secretary concerned’’ means, 

25 as applicable— 

26 (1) the Attorney General; 


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1 (2) the Secretary of the Interior; 

2 (3) the Secretary of Commerce; 

3 (4) the Secretary of State; and 

4 (5) the Secretary of the Treasury. 

5 SEC. 102. PLAN OF ACTION. 

6 (a) IN GENERAL.—In coordination with other Fed7 eral agencies as appropriate, not later than 1 year after 

8 the date of enactment of this Act, the Secretaries con9 cerned shall develop a plan of action to fully carry out 

10 existing authorities for rewards to whistleblowers of viola11 tions of anti-wildlife-trafficking laws. 

12 (b) REQUIREMENTS.—The plan of action under sub13 section (a) shall— 

14 (1) include a strategy to raise public awareness 

15 in the United States and abroad for reward opportu16 nities for whistleblowers provided under— 

17 (A) section 6(d) of the Lacey Act Amend18 ments of 1981 (16 U.S.C. 3375(d)); 

19 (B) section 11(d) of the Endangered Spe20 cies Act of 1973 (16 U.S.C. 1540(d)); 

21 (C) section 106(c) of the Marine Mammal 

22 Protection Act of 1972 (16 U.S.C. 1376(c)); 

23 (D) section 3 of the Fish and Wildlife Im24 provement Act of 1978 (16 U.S.C. 742l); 


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1 (E) section 7(f) of the Rhinoceros and 

2 Tiger Conservation Act of 1994 (16 U.S.C. 

3 5305a(f)); and 

4 (F) other applicable anti-wildlife-traf5 ficking laws; 

6 (2) delineate short-term and long-term goals for 

7 increasing anti-wildlife-trafficking enforcement, in8 cluding recruitment of whistleblowers, as appro9 priate; 

10 (3) describe specific actions to be taken to 

11 achieve the goals under paragraph (2) and the 

12 means necessary to do so, including— 

13 (A) formal partnerships with nongovern14 mental organizations; and 

15 (B) the establishment of Whistleblower Of16 fices— 

17 (i) to coordinate the receipt of whistle18 blower disclosures; 

19 (ii) to ensure referrals to the appro20 priate law enforcement offices; and 

21 (iii) to communicate with whistle22 blowers regarding the status of the respec23 tive cases referred by the whistleblowers 

24 and potential rewards; 


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1 (4) be published in the Federal Register for 

2 public comment for a period of not less than 60 

3 days; and 

4 (5) not later than 90 days after the end of the 

5 period described in paragraph (4), be finalized and 

6 made readily available on a public Federal Govern7 ment internet website. 

8 (c) UPDATES TO PLAN OF ACTION.—In coordination 

9 with other Federal agencies as appropriate, not less fre10 quently than once every 5 years, the Secretaries concerned 

11 shall review the plan of action under this section and, as 

12 necessary, revise the plan of action following public notice 

13 and comment. 

14 SEC. 103. AWARDS TO WHISTLEBLOWERS. 

15 (a) AWARD.— 

16 (1) IN GENERAL.—Subject to paragraphs (2) 

17 and (3), if a Secretary concerned proceeds with any 

18 administrative or judicial action under any of the 

19 laws described in section 102(b)(1) based on infor20 mation brought to the attention of the Secretary 

21 concerned by a person qualified to receive an award 

22 under this section, the Secretary concerned shall pay 

23 that person an award. 

24 (2) AWARD AMOUNT.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), the Secretary concerned shall deter3 mine the amount of the award under paragraph 

4 (1) based on the extent to which the person 

5 substantially contributed to the action. 

6 (B) REQUIREMENT.—The award under 

7 paragraph (1) shall be not less than 15 percent, 

8 and not more than 50 percent, of the amounts 

9 received by the United States as penalties, in10 terest, fines, forfeitures, community service pay11 ments, restitution payments, and additional 

12 amounts in the action (including any related 

13 civil or criminal actions) or any under settle14 ment or plea agreement in response to that ac15 tion. 

16 (C) TIMELINE.—The amount of the award 

17 under paragraph (1) shall be— 

18 (i) determined not later than 90 days 

19 after the date of the applicable plea agree20 ment, judgment, or settlement in that ac21 tion; and 

22 (ii) paid from the amounts so received 

23 by the United States. 

24 (3) APPLICATION.—A Secretary concerned may 

25 make an award under this subsection only in a case 


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1 in which the total sanction from all penalties, fines, 

2 community service payments, restitution, interest, 

3 forfeitures, or civil or criminal recoveries (including 

4 in related actions) exceeds $100,000. 

5 (b) REDUCTION IN OR DENIAL OF AWARD.— 

6 (1) REDUCTION OF AWARD.—If the applicable 

7 Secretary concerned determines that the claim for 

8 an award under subsection (a) is brought by a per9 son who planned and initiated the actions that led 

10 to the violation, the Secretary concerned may appro11 priately reduce the amount of the award. 

12 (2) DENIAL OF AWARD.—If the person de13 scribed in paragraph (1) is convicted of criminal 

14 conduct arising from the role described in that para15 graph, the applicable Secretary concerned shall deny 

16 any award under this subsection. 

17 (c) APPEAL OF AWARD DETERMINATION.—Any de18 termination with respect to an award under subsection (a) 

19 may be appealed to the appropriate court of appeals of 

20 the United States pursuant to section 706 of title 5, 

21 United States Code, not later than 30 days after the date 

22 of the determination. 

23 (d) SUBMISSION OF INFORMATION.—The Secretaries 

24 concerned shall permit the submission of confidential and 

25 anonymous reports under this subsection consistent with 


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1 the procedures set forth in subsections (d)(2) and (h) of 

2 section 21F of the Securities Exchange Act of 1934 (15 

3 U.S.C. 78u–6). 

4 (e) LIMITATION ON APPLICATION.—This section 

5 shall apply only with respect to amounts received by the 

6 United States described in subsection (a) on or after the 

7 date of enactment of this Act. 

8 (f) ANNUAL REPORT.— 

9 (1) IN GENERAL.—The Secretaries concerned 

10 shall each year conduct a study on, and submit to 

11 Congress a report describing the use of, authorities, 

12 claims filed, awards paid, and outreach conducted 

13 under this section. 

14 (2) INCORPORATION ALLOWED.—The require15 ment under paragraph (1) may be satisfied by incor16 porating the report into the plan of action required 

17 under section 102 or a revision under section 102(c). 

18 TITLE II—WILDLIFE 

19 CONSERVATION 

20 SEC. 201. INTERNATIONAL WILDLIFE CONSERVATION PRO21 GRAM. 

22 (a) DEFINITIONS.—In this section: 

23 (1) PROGRAM.—The term ‘‘Program’’ means 

24 the International Wildlife Conservation Program es25 tablished under subsection (b). 


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1 (2) RANGE STATE.—The term ‘‘range state’’ 

2 means a foreign country, a freely associated state 

3 (pursuant to the Compact of Free Association au4 thorized by Public Law 99–239 (99 Stat. 1770)), or 

5 any territory or possession of the United States, any 

6 portion of which is within the natural range of dis7 tribution of a wildlife species. 

8 (3) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 (b) AUTHORIZATION OF PROGRAM.—The Secretary 

11 shall carry out the International Wildlife Conservation 

12 Program in the United States Fish and Wildlife Service— 

13 (1) to implement global habitat and conserva14 tion initiatives under the jurisdiction of the Sec15 retary; 

16 (2) to address global conservation threats; 

17 (3) to combat wildlife trafficking, poaching, and 

18 trade in illegal wildlife products; 

19 (4) to provide financial, scientific, and other 

20 technical assistance; 

21 (5) to facilitate implementation of treaties, con22 ventions, accords, or similar international agree23 ments entered into by the United States to promote 

24 fish, wildlife, plant, or habitat conservation; and 


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1 (6) to carry out other international wildlife con2 servation and habitat activities authorized by Fed3 eral law, as the Secretary determines to be appro4 priate. 

5 (c) PROGRAM COMPONENTS.—The Program shall in6 clude the following: 

7 (1) REGIONAL COMPONENT.—A regional com8 ponent that shall— 

9 (A) address grassroots conservation prob10 lems through capacity building within regions of 

11 range states to achieve comprehensive landscape 

12 or ecosystem-level fish or wildlife conservation; 

13 and 

14 (B) develop and implement a plan— 

15 (i) to expand existing regional wildlife 

16 conservation programs as the Secretary de17 termines to be appropriate; and 

18 (ii) to establish new regional conserva19 tion programs in other critical landscapes 

20 and wildlife habitat globally. 

21 (2) SPECIES COMPONENT.—A species compo22 nent that shall consist of administration of the pro23 grams authorized under— 

24 (A) the African Elephant Conservation Act 

25 (16 U.S.C. 4201 et seq.); 


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1 (B) the Rhinoceros and Tiger Conservation 

2 Act of 1994 (16 U.S.C. 5301 et seq.); 

3 (C) the Asian Elephant Conservation Act 

4 of 1997 (16 U.S.C. 4261 et seq.); 

5 (D) the Great Ape Conservation Act of 

6 2000 (16 U.S.C. 6301 et seq.); 

7 (E) the Marine Turtle Conservation Act of 

8 2004 (16 U.S.C. 6601 et seq.); 

9 (F) the Neotropical Migratory Bird Con10 servation Act (16 U.S.C. 6101 et seq.); 

11 (G) the Wild Bird Conservation Act of 

12 1992 (16 U.S.C. 4901 et seq.); 

13 (H) the Critically Endangered Animals 

14 Conservation Fund established by the Secretary 

15 and administered by the United States Fish 

16 and Wildlife Service; and 

17 (I) any similar authority provided to the 

18 Secretary relating to international wildlife con19 servation. 

20 (3) ANTI-TRAFFICKING COMPONENT.—An anti21 trafficking component that shall consist of adminis22 tration of the programs authorized under— 

23 (A) the Endangered Species Act of 1973 

24 (16 U.S.C. 1531 et seq.); 


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1 (B) subsections (a) and (d) of section 8 of 

2 the Fishermen’s Protective Act of 1967 (22 

3 U.S.C. 1978); 

4 (C) the Eliminate, Neutralize, and Disrupt 

5 Wildlife Trafficking Act of 2016 (16 U.S.C. 

6 7601 et seq.); 

7 (D) the Lacey Act Amendments of 1981 

8 (16 U.S.C. 3371 et seq.); 

9 (E) other anti-wildlife-trafficking laws, as 

10 determined by the Secretary; and 

11 (F) activities authorized under section 301. 

12 (4) CONVENTION COMPONENT.—A convention 

13 component that shall consist of the Division of Man14 agement Authority and the Division of Scientific Au15 thority of the United States Fish and Wildlife Serv16 ice to implement CITES and carry out other related 

17 duties, as the Secretary determines to be appro18 priate. 

19 (5) ADDITIONAL COMPONENTS.—The Secretary 

20 may include additional components in the Program 

21 as the Secretary determines to be appropriate. 

22 (d) RELATIONSHIP TO OTHER LAW.—Nothing in this 

23 section alters the responsibilities of the Secretary under 

24 section 8 of the Fish and Wildlife Act of 1956 (16 U.S.C. 


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1 742g) and the Endangered Species Act of 1973 (16 

2 U.S.C. 1531 et seq.). 

3 (e) ACCEPTANCE AND USE OF DONATIONS.—In car4 rying out the Program, the Secretary may— 

5 (1) accept donations of funds, gifts, and in-kind 

6 contributions; and 

7 (2) use those donations, without further appro8 priation, for capacity building, grants, and other on9 the-ground uses under the program components de10 scribed in subsection (c). 

11 SEC. 202. AMENDMENTS TO GREAT APE CONSERVATION 

12 ACT OF 2000. 

13 (a) MULTIYEAR GRANTS.—Section 4 of the Great 

14 Ape Conservation Act of 2000 (16 U.S.C. 6303) is amend15 ed— 

16 (1) by adding at the end the following: 

17 ‘‘(j) MULTIYEAR GRANTS.— 

18 ‘‘(1) IN GENERAL.—The Secretary may award 

19 a multiyear grant under this section to a person who 

20 is otherwise eligible for a grant under this section to 

21 carry out a project that the person demonstrates is 

22 an effective, long-term conservation strategy for 

23 great apes and their habitats. 

24 ‘‘(2) ANNUAL GRANTS NOT AFFECTED.—This 

25 subsection shall not be construed as precluding the 


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1 Secretary from awarding grants on an annual 

2 basis.’’. 

3 (b) GREAT APE CONSERVATION FUND.—Section 5 of 

4 the Great Ape Conservation Act of 2000 (16 U.S.C. 6304) 

5 is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (2), by striking ‘‘and’’ at 

8 the end; 

9 (B) in paragraph (3), by striking the pe10 riod at the end and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(4) any amounts received by the United States 

13 for any violation of law pertaining to great apes 

14 under the Endangered Species Act of 1973 (16 

15 U.S.C. 1531 et seq.), the Lacey Act Amendments of 

16 1981 (16 U.S.C. 3371 et seq.), or regulations imple17 menting those Acts, including any of those amounts 

18 received as— 

19 ‘‘(A) fines or penalties; 

20 ‘‘(B) proceeds from sales of forfeited prop21 erty, assets, or cargo; or 

22 ‘‘(C) restitution to the Federal Govern23 ment.’’; and 

24 (2) in subsection (b)(2)— 


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1 (A) by striking ‘‘3 percent’’ and inserting 

2 ‘‘5 percent’’; and 

3 (B) by striking ‘‘$100,000’’ and inserting 

4 ‘‘$150,000’’. 

5 SEC. 203. AMENDMENTS TO MARINE TURTLE CONSERVA6 TION ACT OF 2004. 

7 (a) PURPOSES.—Section 2(b) of the Marine Turtle 

8 Conservation Act of 2004 (16 U.S.C. 6601(b)) is amended 

9 to read as follows: 

10 ‘‘(b) PURPOSES.—The purposes of this Act are to as11 sist in the conservation of marine turtles, freshwater tur12 tles, and tortoises in foreign countries and territories of 

13 the United States, the conservation of the nesting habitats 

14 of marine turtles, and the conservation of the habitats of 

15 freshwater turtles and tortoises, by supporting and pro16 viding financial resources for projects— 

17 ‘‘(1) to conserve those nesting habitats and 

18 habitats in foreign countries and territories of the 

19 United States; 

20 ‘‘(2) to conserve marine turtles, freshwater tur21 tles, and tortoises in those habitats; and 

22 ‘‘(3) to address other threats to the survival of 

23 marine turtles, freshwater turtles, and tortoises in 

24 foreign countries and territories of the United 

25 States.’’. 


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1 (b) DEFINITIONS.—Section 3 of the Marine Turtle 

2 Conservation Act of 2004 (16 U.S.C. 6602) is amended— 

3 (1) by amending paragraph (2) to read as fol4 lows: 

5 ‘‘(2) CONSERVATION.—The term ‘conservation’ 

6 means the use of all methods and procedures nec7 essary to protect marine turtles, freshwater turtles, 

8 or tortoises in foreign countries and territories of the 

9 United States, including— 

10 ‘‘(A) protection, restoration, and manage11 ment of nesting habitats and other habitats; 

12 ‘‘(B) onsite research and monitoring of 

13 populations, habitats, annual reproduction, and 

14 species population trends; 

15 ‘‘(C) assistance in the development, imple16 mentation, and improvement of national, re17 gional, and territorial management plans for 

18 habitat ranges; 

19 ‘‘(D) enforcement and implementation of 

20 CITES and laws of foreign countries and terri21 tories of the United States to— 

22 ‘‘(i) protect and manage populations 

23 and habitats; and 

24 ‘‘(ii) prevent illegal trade of marine 

25 turtles, freshwater turtles, or tortoises; 


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1 ‘‘(E) training of local law enforcement offi2 cials in the interdiction and prevention of— 

3 ‘‘(i) the illegal killing of marine tur4 tles, freshwater turtles, or tortoises; and 

5 ‘‘(ii) illegal trade in marine turtles, 

6 freshwater turtles, or tortoises; 

7 ‘‘(F) initiatives to resolve conflicts between 

8 humans and marine turtles, freshwater turtles, 

9 or tortoises over habitat; 

10 ‘‘(G) community outreach and education; 

11 and 

12 ‘‘(H) strengthening of the ability of local 

13 communities to implement population and habi14 tat conservation programs.’’; 

15 (2) in paragraph (3), by striking ‘‘Marine Tur16 tle Conservation Fund’’ and inserting ‘‘Turtle and 

17 Tortoise Conservation Fund’’; 

18 (3) by redesignating paragraphs (3) through 

19 (6) as paragraphs (4) through (7), respectively; 

20 (4) by inserting after paragraph (2) the fol21 lowing: 

22 ‘‘(3) FRESHWATER TURTLE.— 

23 ‘‘(A) IN GENERAL.—The term ‘freshwater 

24 turtle’ means any member of the family Caret25 tochelyidae, Chelidae, Chelydridae, DermatemyVerDate Sep 11 2014 20:49 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H864.IH H864

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1 didae, Emydidae, Geoemydidae, Kinosternidae, 

2 Pelomedusidae, Platysternidae, Podocnemidi3 dae, or Trionychidae. 

4 ‘‘(B) INCLUSIONS.—The term ‘freshwater 

5 turtle’ includes— 

6 ‘‘(i) any part, product, egg, or off7 spring of a turtle described in subpara8 graph (A); and 

9 ‘‘(ii) a carcass of such a turtle.’’; and 

10 (5) by adding at the end the following: 

11 ‘‘(8) TERRITORY OF THE UNITED STATES.— 

12 The term ‘territory of the United States’ means each 

13 of American Samoa, Guam, the Commonwealth of 

14 the Northern Mariana Islands, the Commonwealth 

15 of Puerto Rico, the United States Virgin Islands, 

16 and any other territory or possession of the United 

17 States. 

18 ‘‘(9) TORTOISE.— 

19 ‘‘(A) IN GENERAL.—The term ‘tortoise’ 

20 means any member of the family Testudinidae. 

21 ‘‘(B) INCLUSIONS.—The term ‘tortoise’ in22 cludes— 

23 ‘‘(i) any part, product, egg, or off24 spring of a tortoise described in subpara25 graph (A); and 


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1 ‘‘(ii) a carcass of such a tortoise.’’. 

2 (c) MARINE TURTLE CONSERVATION ASSISTANCE.— 

3 Section 4 of the Marine Turtle Conservation Act of 2004 

4 (16 U.S.C. 6603) is amended— 

5 (1) in the section heading, by striking ‘‘MA6 RINE TURTLE’’ and inserting ‘‘TURTLE AND TOR7 TOISE’’; 

8 (2) in subsection (a), by striking ‘‘marine tur9 tles’’ and inserting ‘‘marine turtles, freshwater tur10 tles, and tortoises’’; 

11 (3) by amending subsection (b)(1) to read as 

12 follows: 

13 ‘‘(1) ELIGIBLE APPLICANTS.—A proposal for a 

14 project for the conservation of marine turtles, fresh15 water turtles, or tortoises may be submitted to the 

16 Secretary by— 

17 ‘‘(A) any wildlife management authority of 

18 a foreign country or territory of the United 

19 States that has within its boundaries marine 

20 turtle nesting habitat, freshwater turtle habitat, 

21 or tortoise habitat, if the activities of the au22 thority directly or indirectly affect marine tur23 tle, freshwater turtle, or tortoise conservation; 

24 or 


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1 ‘‘(B) any other person with the dem2 onstrated expertise required for the conserva3 tion of marine turtles, freshwater turtles, or 

4 tortoises.’’; 

5 (4) in subsection (d)— 

6 (A) by inserting ‘‘or territories of the 

7 United States’’ after ‘‘foreign countries’’; 

8 (B) by striking ‘‘marine turtles’ ’’ and in9 serting ‘‘marine turtles, freshwater turtles, or 

10 tortoises’’; and 

11 (C) by striking ‘‘marine turtle’’ and insert12 ing ‘‘marine turtle, freshwater turtle, or tor13 toise’’; and 

14 (5) in subsection (e)— 

15 (A) by striking ‘‘marine turtles’’ and in16 serting ‘‘marine turtles, freshwater turtles, or 

17 tortoises’’; and 

18 (B) by striking ‘‘and their nesting habi19 tats’’ and inserting ‘‘and marine turtle nesting 

20 habitats, freshwater turtle habitats, or tortoise 

21 habitats’’. 

22 (d) MARINE TURTLE CONSERVATION FUND.—Sec23 tion 5 of the Marine Turtle Conservation Act of 2004 (16 

24 U.S.C. 6604) is amended— 


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1 (1) in the section heading, by striking ‘‘MA2 RINE TURTLE’’ and inserting ‘‘TURTLE AND TOR3 TOISE’’; 

4 (2) in subsection (a)— 

5 (A) in the matter preceding paragraph (1), 

6 by striking ‘‘Marine Turtle’’ and inserting 

7 ‘‘Turtle and Tortoise’’; 

8 (B) in paragraph (2), by striking ‘‘and’’ at 

9 the end; 

10 (C) in paragraph (3), by striking the pe11 riod at the end and inserting ‘‘; and’’; and 

12 (D) by adding at the end the following: 

13 ‘‘(4) any amounts received by the United States 

14 for any violation of law pertaining to marine turtles, 

15 freshwater turtles, or tortoises under the Endan16 gered Species Act of 1973 (16 U.S.C. 1531 et seq.), 

17 the Lacey Act Amendments of 1981 (16 U.S.C. 

18 3371 et seq.), or regulations implementing those 

19 Acts, including any of those amounts received as— 

20 ‘‘(A) fines or penalties; 

21 ‘‘(B) proceeds from sales of forfeited prop22 erty, assets, or cargo; or 

23 ‘‘(C) restitution to the Federal Govern24 ment.’’; and 

25 (3) in subsection (b)(2)— 


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1 (A) by striking ‘‘3 percent’’ and inserting 

2 ‘‘5 percent’’; and 

3 (B) by striking ‘‘$80,000’’ and inserting 

4 ‘‘$150,000’’. 

5 (e) ADVISORY GROUP.—Section 6(a) of the Marine 

6 Turtle Conservation Act of 2004 (16 U.S.C. 6605(a)) is 

7 amended by striking ‘‘marine turtles’’ and inserting ‘‘ma8 rine turtles, freshwater turtles, or tortoises’’. 

9 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 7 

10 of the Marine Turtle Conservation Act of 2004 (16 U.S.C. 

11 6606) is amended— 

12 (1) by striking ‘‘There is’’ and inserting the fol13 lowing: 

14 ‘‘(a) IN GENERAL.—There is’’; and 

15 (2) by adding at the end following: 

16 ‘‘(b) ALLOCATION.—Of the amount authorized by 

17 subsection (a) for each fiscal year— 

18 ‘‘(1) not more than $1,510,000 is authorized 

19 only for use by the Secretary for marine turtle con20 servation purposes under this Act; and 

21 ‘‘(2) of the amount appropriated in excess of 

22 $1,510,000, not less than 40 percent is authorized 

23 only for use by the Secretary for freshwater turtle 

24 and tortoise conservation purposes under this Act.’’. 


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1 SEC. 204. FUNDING FOR MARINE MAMMAL CONSERVATION. 

2 All amounts collected by the Secretary of Commerce, 

3 including fines, penalties, and proceeds from sales of for4 feited assets or cargo, for violations of the Marine Mam5 mal Protection Act of 1972 (16 U.S.C. 1361 et seq.) or 

6 regulations implementing that Act shall be used by the 

7 Secretary of Commerce for— 

8 (1) the benefit of the marine mammal species 

9 impacted by the applicable violation, to the extent 

10 practicable; 

11 (2) marine mammal conservation purposes, as 

12 determined by the Secretary of Commerce; 

13 (3) responding to marine mammal strandings, 

14 entanglements, or unusual mortality events, includ15 ing activities under the John H. Prescott Marine 

16 Mammal Rescue Assistance Grant Program under 

17 section 408 of the Marine Mammal Protection Act 

18 of 1972 (16 U.S.C. 1421f–1); 

19 (4) payment of awards to whistleblowers on an 

20 applicable violation under section 103; or 

21 (5) enforcement of the Marine Mammal Protec22 tion Act of 1972 (16 U.S.C. 1361 et seq.) and regu23 lations implementing that Act. 

24 SEC. 205. FUNDING FOR SHARK CONSERVATION. 

25 All amounts available to the Secretary of Commerce 

26 that are attributable to fines, penalties, and forfeitures of 


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1 property (or proceeds from the sale of that forfeited prop2 erty) imposed for violations under section 307(1)(P) of the 

3 Magnuson-Stevens Fishery Conservation and Manage4 ment Act (16 U.S.C. 1857(1)(P)) or violations of any fish5 ery management plan for sharks prepared under title III 

6 of that Act (16 U.S.C. 1851 et seq.) shall be used by the 

7 Secretary of Commerce for— 

8 (1) the benefit of the shark species impacted by 

9 the applicable violation, to the extent practicable; 

10 (2) shark conservation purposes, including to 

11 carry out amendments made by the Shark Conserva12 tion Act of 2010 (Public Law 111–348; 124 Stat. 

13 3668); 

14 (3) payment of awards to whistleblowers on an 

15 applicable violation under section 103; or 

16 (4) enforcement of section 307(1)(P) of the 

17 Magnuson-Stevens Fishery Conservation and Man18 agement Act (16 U.S.C. 1857(1)(P)) or any fishery 

19 management plan for sharks under that Act. 

20 SEC. 206. USES OF TRANSFERRED FUNDS FOR WILDLIFE 

21 CONSERVATION. 

22 All amounts made available to the Secretary of the 

23 Interior under the amendments made by sections 302 and 

24 303 shall be used— 


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1 (1) for the benefit of the species impacted by 

2 the applicable violation, to the extent practicable; 

3 (2) for payment of rewards under section 103 

4 on the applicable violation; or 

5 (3) to carry out— 

6 (A) the African Elephant Conservation Act 

7 (16 U.S.C. 4201 et seq.); 

8 (B) the Rhinoceros and Tiger Conservation 

9 Act of 1994 (16 U.S.C. 5301 et seq.); 

10 (C) the Asian Elephant Conservation Act 

11 of 1997 (16 U.S.C. 4261 et seq.); 

12 (D) the Great Ape Conservation Act of 

13 2000 (16 U.S.C. 6301 et seq.); 

14 (E) the Marine Turtle Conservation Act of 

15 2004 (16 U.S.C. 6601 et seq.); 

16 (F) the Neotropical Migratory Bird Con17 servation Act (16 U.S.C. 6101 et seq.); 

18 (G) the Wild Bird Conservation Act of 

19 1992 (16 U.S.C. 4901 et seq.); 

20 (H) the Critically Endangered Animals 

21 Conservation Fund established by the Secretary 

22 and administered by the United States Fish 

23 and Wildlife Service; or 

24 (I) any other wildlife conservation pro25 grams or activities authorized by Federal law, 


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1 as considered appropriate by the Secretary, in2 cluding activities pursuant to sections 201 and 

3 301 of this Act. 

4 TITLE III—ANTI-TRAFFICKING 

5 AND POACHING 

6 SEC. 301. UNITED STATES FISH AND WILDLIFE SERVICE OF7 FICERS ABROAD. 

8 (a) DEFINITIONS.—In this section: 

9 (1) HOST COUNTRY.—The term ‘‘host country’’ 

10 means a country that is hosting a United States 

11 Fish and Wildlife officer under this section. 

12 (2) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (b) PLACEMENT OF OFFICERS.—The Secretary, in 

15 consultation with the Secretary of State, may station not 

16 less than one United States Fish and Wildlife Service offi17 cer in the primary diplomatic or consular post of the 

18 United States in— 

19 (1) a focus country; 

20 (2) a country that has a national who has been 

21 certified by the Secretary under section 8(a)(2) of 

22 the Fishermen’s Protective Act of 1967 (22 U.S.C. 

23 1978(a)(2)) as engaging in trade or taking which di24 minishes the effectiveness of any international pro25 gram for endangered or threatened species; or 


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1 (3) other countries identified by the Secretary, 

2 in consultation with the Secretary of State. 

3 (c) DUTIES.—A United States Fish and Wildlife 

4 Service officer stationed under subsection (b) shall— 

5 (1) assist local agencies or officials responsible 

6 for the protection of wildlife in the protection of 

7 wildlife and on-the-ground conservation; 

8 (2) facilitate apprehension of individuals who il9 legally kill or take, or assist in the illegal killing or 

10 taking of, wildlife; 

11 (3) support local agencies or officials respon12 sible for the protection of wildlife in the host country 

13 and regional partners of the United States in wild14 life trafficking investigations; 

15 (4) support wildlife trafficking investigations 

16 based in the United States with a nexus to a host 

17 country or region; 

18 (5) provide technical assistance and support to 

19 build capacity in the host country for wildlife con20 servation and anti-trafficking enforcement by agen21 cies that partner with the host country; 

22 (6) advise on leveraging the assets of the 

23 United States Government to combat wildlife traf24 ficking; 


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1 (7) support effective implementation of CITES 

2 and other international agreements relating to wild3 life conservation, in coordination with the Secretary 

4 of State; 

5 (8) work to reduce global demand for illegally 

6 traded wildlife products and illegally taken wildlife; 

7 and 

8 (9) conduct other duties as the Secretary, in 

9 consultation with the Secretary of State, determines 

10 to be appropriate to combat wildlife trafficking and 

11 promote conservation of at-risk species. 

12 SEC. 302. WILDLIFE TRAFFICKING VIOLATIONS AS PREDI13 CATE OFFENSES UNDER TRAVEL ACT AND 

14 RACKETEERING STATUTE. 

15 (a) TRAVEL ACT.—Section 1952 of title 18, United 

16 States Code, is amended— 

17 (1) in subsection (b)— 

18 (A) by striking ‘‘or (3)’’ and inserting 

19 ‘‘(3)’’; and 

20 (B) by striking ‘‘of this title and (ii)’’ and 

21 inserting the following: ‘‘of this title, or (4) any 

22 act that is a criminal violation of subparagraph 

23 (A), (B), (C), (D), (E), or (F) of section 

24 9(a)(1) of the Endangered Species Act of 1973 

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1 rican Elephant Conservation Act (16 U.S.C. 

2 4223), or section 7(a) of the Rhinoceros and 

3 Tiger Conservation Act of 1994 (16 U.S.C. 

4 5305a(a)), if the endangered or threatened spe5 cies of fish or wildlife, products, items, or sub6 stances involved in the violation and relevant 

7 conduct, as applicable, have a total value of 

8 more than $10,000 and (ii)’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(f) The Secretary of the Treasury shall transfer to 

11 the Secretary of the Interior any amounts received by the 

12 United States as civil penalties, fines, forfeitures of prop13 erty or assets, or restitution to the Federal Government 

14 for any violation under this section that involves an unlaw15 ful activity described in subsection (b)(i)(4).’’. 

16 (b) RICO.—Chapter 96 of title 18, United States 

17 Code, is amended— 

18 (1) in section 1961(1)— 

19 (A) by striking ‘‘or (G)’’ and inserting 

20 ‘‘(G)’’; and 

21 (B) by inserting before the semicolon at 

22 the end the following: ‘‘, or (H) any act that is 

23 a criminal violation of subparagraph (A), (B), 

24 (C), (D), (E), or (F) of section 9(a)(1) of the 

25 Endangered Species Act of 1973 (16 U.S.C. 


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1 1538(a)(1)), section 2203 of the African Ele2 phant Conservation Act (16 U.S.C. 4223), or 

3 section 7(a) of the Rhinoceros and Tiger Con4 servation Act of 1994 (16 U.S.C. 5305a(a)), if 

5 the endangered or threatened species of fish or 

6 wildlife, products, items, or substances involved 

7 in the violation and relevant conduct, as appli8 cable, have a total value of more than 

9 $10,000’’; and 

10 (2) in section 1963, by adding at the end the 

11 following: 

12 ‘‘(n) The Secretary of the Treasury shall transfer to 

13 the Secretary of the Interior any amounts received by the 

14 United States as civil penalties, fines, forfeitures of prop15 erty or assets, or restitution to the Federal Government 

16 for any violation of section 1962 that is based on racket17 eering activity described in section 1961(1)(H).’’. 

18 (c) SPORT-HUNTED TROPHIES.—Nothing in this sec19 tion or the amendments made by this section— 

20 (1) nullifies or supersedes any other provision 

21 of Federal law or any regulation pertaining to the 

22 import of sport-hunted wildlife trophies; 

23 (2) prohibits any citizen, national, or legal resi24 dent of the United States, or an agent of such an 

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1 hunted trophy for personal or similar noncommercial 

2 use if the importation is in compliance with sections 

3 4(d) and 10 of the Endangered Species Act of 1973 

4 (16 U.S.C. 1533(d), 1539), section 3(a) of the 

5 Lacey Act Amendments of 1981 (16 U.S.C. 

6 3372(a)), and regulations implementing those sec7 tions; or 

8 (3) may be used to prosecute any citizen, na9 tional, or legal resident of the United States, or an 

10 agent of such an individual, for importing a lawfully 

11 taken sport-hunted trophy for personal or similar 

12 noncommercial use if the importation is in compli13 ance with sections 4(d) and 10 of the Endangered 

14 Species Act of 1973 (16 U.S.C. 1533(d), 1539), sec15 tion 3(a) of the Lacey Act Amendments of 1981 (16 

16 U.S.C. 3372(a)), and regulations implementing 

17 those sections. 

18 SEC. 303. FUNDS FROM WILDLIFE TRAFFICKING VIOLA19 TIONS OF MONEY LAUNDERING STATUTE. 

20 Section 1956 of title 18, United States Code, is 

21 amended by adding at the end the following: 

22 ‘‘(j) The Secretary of the Treasury shall transfer to 

23 the Secretary of the Interior any amounts received by the 

24 United States as civil penalties, fines, forfeitures of prop25 erty or assets, or restitution to the Federal Government 


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1 for any violation under this section that involves an unlaw2 ful activity described in subsection (c)(7)(G).’’. 

3 SEC. 304. TECHNICAL AND CONFORMING AMENDMENTS. 

4 (a) USE OF AMOUNTS FROM FINES.—Section 

5 1402(b)(1)(A) of the Victims of Crime Act of 1984 (34 

6 U.S.C. 20101(b)(1)(A)) is amended— 

7 (1) in clause (i), by striking ‘‘and’’ at the end; 

8 and 

9 (2) by adding at the end the following: 

10 ‘‘(iii) section 1952(f), section 1956(j), 

11 and section 1963(n) of title 18, United 

12 States Code; and’’. 

13 (b) USE OF AMOUNTS FROM FORFEITURES.—Sec14 tion 524(c)(4)(A) of title 28, United States Code, is 

15 amended by inserting ‘‘the Secretary of the Treasury pur16 suant to section 1952(f), section 1956(j), or section 

17 1963(n) of title 18,’’ before ‘‘or the Postmaster General’’. 

18 TITLE IV—ILLEGAL, UNREPORT19 ED, AND UNREGULATED FISH20 ING 

21 SEC. 401. FUNDING FOR ILLEGAL, UNREPORTED, AND UN22 REGULATED FISHING ENFORCEMENT. 

23 All amounts available to the Secretary of Commerce 

24 that are attributable to fines, penalties, and forfeitures of 

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1 erty) imposed for violations under section 307(1)(Q) of the 

2 Magnuson-Stevens Fishery Conservation and Manage3 ment Act (16 U.S.C. 1857(1)(Q)) shall be used by the 

4 Secretary of Commerce for fisheries enforcement, includ5 ing to carry out amendments made by the Illegal, Unre6 ported, and Unregulated Fishing Enforcement Act of 

7 2015 (Public Law 114–81; 129 Stat. 649). 

8 SEC. 402. ILLEGAL, UNREPORTED, AND UNREGULATED 

9 FISHING AS PREDICATE OFFENSES UNDER 

10 MONEY LAUNDERING STATUTE. 

11 Section 1956(c)(7) of title 18, United States Code, 

12 is amended— 

13 (1) in subparagraph (F), by striking ‘‘; or’’ and 

14 inserting a semicolon; 

15 (2) in subparagraph (G), by striking the semi16 colon and inserting ‘‘; or’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(H) any act that is a violation of section 

19 307(1)(Q) of the Magnuson-Stevens Fishery 

20 Conservation and Management Act (16 U.S.C. 

21 1857(1)(Q)), if the fish involved in the violation 

22 and relevant conduct, as applicable, have a total 

23 value of more than $10,000;’’. 


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1 SEC. 403. FUNDS FROM ILLEGAL, UNREPORTED, AND UN2 REGULATED FISHING VIOLATIONS OF MONEY 

3 LAUNDERING STATUTE. 

4 Section 1956 of title 18, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(k) The Secretary of the Treasury shall transfer to 

7 the Secretary of Commerce any amounts received by the 

8 United States as civil penalties, fines, forfeitures of prop9 erty or assets, or restitution to the Federal Government 

10 for any violation under this section that involves an unlaw11 ful activity described in subsection (c)(7)(H).’’. 

12 SEC. 404. USES OF TRANSFERRED FUNDS FOR ILLEGAL, UN13 REPORTED, AND UNREGULATED FISHING EN14 FORCEMENT. 

15 All amounts made available to the Secretary of Com16 merce under the amendments made by sections 402 and 

17 403 shall be used for fisheries enforcement purposes, in18 cluding to carry out amendments made by the Illegal, Un19 reported, and Unregulated Fishing Enforcement Act of 

20 2015 (Public Law 114–81; 129 Stat. 649). 

Æ 


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