I 

117TH CONGRESS 

1ST SESSION H. R. 6059 

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 

NOVEMBER 19, 2021 

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

which was referred to the Committee on Natural Resources, and in addition to the Committees on the Judiciary, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To support wildlife conservation, improve anti-trafficking enforcement, provide dedicated funding at no expense to 

taxpayers, and for other purposes. 

1 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 2021’’. 

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

7 this Act is the following: 

Sec. 1. Short title; table of contents. 


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Sec. 2. Definitions. 

TITLE I—WILDLIFE TRAFFICKING WHISTLEBLOWERS 

Sec. 101. Definition of Secretary concerned. 

Sec. 102. Plan of action. 

Sec. 103. Awards to whistleblowers. 

TITLE II—WILDLIFE CONSERVATION 

Sec. 201. International Wildlife Conservation Program. 

Sec. 203. Amendments to Great Ape Conservation Act of 2000. 

Sec. 204. Funding for Exotic Bird Conservation. 

Sec. 205. Funding for Rhinoceros and Tiger Conservation. 

Sec. 206. Funding for Neotropical Migratory Bird Conservation. 

Sec. 207. Amendments to Marine Turtle Conservation Act of 2004. 

Sec. 208. Funding for marine mammal conservation. 

Sec. 209. Funding for shark conservation. 

Sec. 210. Uses of transferred funds for wildlife conservation. 

TITLE III—ANTI-TRAFFICKING AND POACHING 

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

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

and racketeering statute. 

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

Sec. 304. Technical and conforming amendments. 

Sec. 305. Publication of Certifications under the Pelly Amendment. 

TITLE IV—ILLEGAL, UNREPORTED, AND UNREGULATED FISHING 

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

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

under money laundering statute. 

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

money laundering statute. 

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

fishing enforcement. 

Sec. 405. Department of State Rewards for Justice Program. 

1 SEC. 2. 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) COUNTRY OF CONCERN; FOCUS COUNTRY; 

8 WILDLIFE TRAFFICKING.—The terms ‘‘country of 


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1 concern’’, ‘‘focus country’’, and ‘‘wildlife trafficking’’ 

2 have the meanings given those terms in section 2 of 

3 the Eliminate, Neutralize, and Disrupt Wildlife 

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

5 (3) SHARK.—The term ‘‘shark’’ means any spe6 cies of the orders Hexanchiformes, 

7 Pristiophoriformes, Squaliformes, Squatiniformes, 

8 Heterodontiforms, Orectolobiformes, Lamniformes, 

9 and Carchariniformes. 

10 (4) IMPORT; SPECIES; TAKE; WILDLIFE.—The 

11 terms ‘‘import’’, ‘‘species’’, ‘‘take’’, and ‘‘wildlife’’ 

12 have the meaning given those terms in section 3 of 

13 the Endangered Species Act of 1973 (16 U.S.C. 

14 1532). 

15 TITLE I—WILDLIFE TRAF16 FICKING WHISTLEBLOWERS 

17 SEC. 101. DEFINITION OF SECRETARY CONCERNED. 

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

19 as applicable— 

20 (1) the Attorney General; 

21 (2) the Secretary of the Interior; 

22 (3) the Secretary of Commerce; 

23 (4) the Secretary of State; and 

24 (5) the Secretary of the Treasury. 


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1 SEC. 102. PLAN OF ACTION. 

2 (a) IN GENERAL.—In coordination with other Fed3 eral agencies as appropriate, not later than 1 year after 

4 the date of enactment of this Act, the Secretaries con5 cerned shall develop a plan of action to fully carry out 

6 existing authorities for awards to whistleblowers of viola7 tions of laws applicable to wildlife trafficking. 

8 (b) REQUIREMENTS.—The plan of action under sub9 section (a) shall— 

10 (1) include a strategy to raise public awareness 

11 in the United States and abroad for reward opportu12 nities for whistleblowers provided under— 

13 (A) section 3 of the Fish and Wildlife Im14 provement Act of 1978 (16 U.S.C. 742l); 

15 (B) section 106(c) of the Marine Mammal 

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

17 (C) section 11(d) of the Endangered Spe18 cies Act of 1973 (16 U.S.C. 1540(d)); 

19 (D) section 6(d) of the Lacey Act Amend20 ments of 1981 (16 U.S.C. 3375(d)); 

21 (E) section 2205 of the African Elephant 

22 Conservation Act (16 U.S.C. 4225); 

23 (F) section 7(f) of the Rhinoceros and 

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

25 5305a(f)); and 


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1 (G) other laws applicable to wildlife traf2 ficking; 

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

4 increasing enforcement against wildlife trafficking, 

5 including recruitment of whistleblowers, as appro6 priate; 

7 (3) describe specific actions to be taken to 

8 achieve the goals under paragraph (2) and the 

9 means necessary to do so, including— 

10 (A) formal partnerships with nongovern11 mental organizations; and 

12 (B) the establishment of Whistleblower Of13 fices— 

14 (i) to coordinate the receipt of whistle15 blower disclosures; 

16 (ii) to ensure referrals to the appro17 priate law enforcement offices; and 

18 (iii) to communicate with whistle19 blowers regarding the status of the respec20 tive cases referred by the whistleblowers 

21 and potential awards; 

22 (4) be published in the Federal Register for 

23 public comment for a period of not less than 60 

24 days; and 


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

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

3 made readily available on a public Federal Govern4 ment internet website. 

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

6 with other Federal agencies as appropriate, not less fre7 quently than once every 5 years, the Secretaries concerned 

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

9 necessary, revise the plan of action following public notice 

10 and comment. 

11 SEC. 103. AWARDS TO WHISTLEBLOWERS. 

12 (a) AWARD.— 

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

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

15 judicial or administrative action under any of the 

16 laws described in section 102(b)(1) based on infor17 mation brought to the attention of the Secretary 

18 concerned by a person qualified to receive an award 

19 under this section, the Secretary concerned shall pay 

20 that person an award. 

21 (2) AWARD AMOUNT.— 

22 (A) IN GENERAL.—Subject to subpara23 graph (B), in determining the amount of an 

24 award made under this subsection, the Sec25 retary concerned shall take into consideration— 


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1 (i) the significance of the information 

2 provided by the whistleblower to the suc3 cess of covered judicial or administrative 

4 action; 

5 (ii) the degree of assistance provided 

6 by the whistleblower and any legal rep7 resentative of the whistleblower in a cov8 ered judicial or administrative action; and 

9 (iii) the programmatic interest of the 

10 Secretary in deterring violations of laws 

11 applicable to wildlife trafficking by making 

12 awards to whistleblowers who provide in13 formation that lead to the successful en14 forcement of such laws. 

15 (B) REQUIREMENT.—The award under 

16 paragraph (1) shall be not less than 10 percent, 

17 and not more than 30 percent, of the amounts 

18 received by the United States as penalties, in19 terest, fines, forfeitures, community service pay20 ments, restitution payments, and additional 

21 amounts in the action (including any related 

22 civil or criminal actions) or under any settle23 ment or plea agreement in response to that ac24 tion. 


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

2 under paragraph (1) shall be— 

3 (i) determined not later than 90 days 

4 after the date of the applicable plea agree5 ment, judgment, or settlement in that ac6 tion; and 

7 (ii) paid from the amounts so received 

8 by the United States. 

9 (3) APPLICATION.—A Secretary concerned may 

10 make an award under this subsection only in a case 

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

12 community service payments, restitution, interest, 

13 forfeitures, or civil or criminal recoveries (including 

14 in related actions) exceeds $100,000. 

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

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

17 Secretary concerned determines that the claim for 

18 an award under subsection (a) is brought by a per19 son who planned and initiated the actions that led 

20 to the violation, the Secretary concerned may appro21 priately reduce the amount of the award. 

22 (2) DENIAL OF AWARD.—If the person de23 scribed in paragraph (1) is convicted of criminal 

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1 graph, the applicable Secretary concerned shall deny 

2 any award under this subsection. 

3 (c) APPEAL OF AWARD DETERMINATION.—Any de4 termination with respect to an award under subsection (a) 

5 may be appealed to the appropriate court of appeals of 

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

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

8 of the determination. 

9 (d) SUBMISSION OF INFORMATION.—The Secretaries 

10 concerned shall permit the submission of confidential and 

11 anonymous reports under this subsection consistent with 

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

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

14 U.S.C. 78u–6). 

15 (e) LIMITATION ON APPLICATION.—This section 

16 shall apply only with respect to amounts received by the 

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

18 date of enactment of this Act. 

19 (f) ANNUAL REPORT.— 

20 (1) IN GENERAL.—The Secretaries concerned 

21 shall submit to Congress a report describing their 

22 use of whistleblower authorities in law enforcement, 

23 including claims filed, awards paid, the provision or 

24 provisions of law violated from which whistleblower 


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1 payments were derived, and outreach conducted 

2 under this section. 

3 (2) INCORPORATION ALLOWED.—The require4 ment under paragraph (1) may be satisfied by incor5 porating the report into the plan of action required 

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

7 (g) RETALIATION.— 

8 (1) PROHIBITION ON RETALIATION.—No em9 ployer shall retaliate against any employee, former 

10 employee, or applicant for employment because the 

11 employee, former employee, or applicant for employ12 ment filed a claim under this provision, raised con13 cerns to other federal, state or local regulatory or 

14 law enforcement authorities concerning a potential 

15 violation of any wildlife trafficking law covered 

16 under this provision, or reported such violation to 

17 his or her supervisor or another person working on 

18 behalf of the employer who has the authority to in19 vestigate or correct any such potential violation. 

20 (2) COMPLAINTS.—An employee alleging dis21 charge or discrimination in violation of subsection 

22 (g) of this section, or another person at the employ23 ee’s request, may file a complaint with respect to 

24 such allegation in the same manner as a complaint 

25 may be filed under subsections (c) and (d) of section 


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1 5567 of title 12, United States Code. Such com2 plaint shall be subject to the procedures, require3 ments and rights described in those sections. 

4 TITLE II—WILDLIFE 

5 CONSERVATION 

6 SEC. 201. INTERNATIONAL WILDLIFE CONSERVATION PRO7 GRAM. 

8 (a) DEFINITIONS.—In this section: 

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

10 the International Wildlife Conservation Program es11 tablished under subsection (b). 

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

13 means a foreign country, a freely associated state 

14 (pursuant to the Compact of Free Association au15 thorized by Public Law 99–239 (99 Stat. 1770)), or 

16 any territory or possession of the United States, any 

17 portion of which is within the natural range of dis18 tribution of a wildlife species. 

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

20 the Secretary of the Interior. 

21 (b) AUTHORIZATION OF PROGRAM.—The Secretary 

22 shall carry out the International Wildlife Conservation 

23 Program in the United States Fish and Wildlife Service— 


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1 (1) to implement global habitat and conserva2 tion initiatives under the jurisdiction of the Sec3 retary; 

4 (2) to address global conservation threats; 

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

6 trade in illegal wildlife products; 

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

8 technical assistance; 

9 (5) to facilitate implementation of treaties, con10 ventions, accords, or similar international agree11 ments entered into by the United States to promote 

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

13 (6) to carry out other international wildlife con14 servation and habitat activities authorized by Fed15 eral law, as the Secretary determines to be appro16 priate. 

17 (c) PROGRAM COMPONENTS.—The Program shall in18 clude the following: 

19 (1) REGIONAL COMPONENT.—A regional com20 ponent that shall— 

21 (A) address grassroots conservation prob22 lems through capacity building within regions of 

23 range states to achieve comprehensive landscape 

24 or ecosystem-level fish or wildlife conservation; 

25 and 


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1 (B) develop and implement a plan— 

2 (i) to expand existing regional wildlife 

3 conservation programs as the Secretary de4 termines to be appropriate; and 

5 (ii) to establish new regional conserva6 tion programs in other critical landscapes 

7 and wildlife habitat globally. 

8 (2) SPECIES COMPONENT.—A species compo9 nent that shall consist of administration of the pro10 grams authorized under— 

11 (A) the African Elephant Conservation Act 

12 (16 U.S.C. 4201 et seq.); 

13 (B) the Asian Elephant Conservation Act 

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

15 (C) the Wild Bird Conservation Act of 

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

17 (D) the Rhinoceros and Tiger Conservation 

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

19 (E) the Neotropical Migratory Bird Con20 servation Act (16 U.S.C. 6101 et seq.); 

21 (F) the Great Ape Conservation Act of 

22 2000 (16 U.S.C. 6301 et seq.); 

23 (G) the Marine Turtle Conservation Act of 

24 2004 (16 U.S.C. 6601 et seq.); 


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1 (H) the Amphibians in Decline Fund es2 tablished by the Secretary and administered by 

3 the United States Fish and Wildlife Service; 

4 (I) the Critically Endangered Animals 

5 Conservation Fund established by the Secretary 

6 and administered by the United States Fish 

7 and Wildlife Service; and 

8 (J) any similar authority provided to the 

9 Secretary relating to international wildlife con10 servation. 

11 (3) ANTI-TRAFFICKING COMPONENT.—An anti12 trafficking component that shall consist of adminis13 tration of the programs authorized under— 

14 (A) the Endangered Species Act of 1973 

15 (16 U.S.C. 1531 et seq.); 

16 (B) the Lacey Act Amendments of 1981 

17 (16 U.S.C. 3371 et seq.); 

18 (C) the Eliminate, Neutralize, and Disrupt 

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

20 7601 et seq.); 

21 (D) subsections (a) and (d) of section 8 of 

22 the Fishermen’s Protective Act of 1967 (22 

23 U.S.C. 1978); 

24 (E) other laws applicable to wildlife traf25 ficking, as determined by the Secretary; and 


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1 (F) activities authorized under section 301. 

2 (4) CONVENTION COMPONENT.—A convention 

3 component that shall consist of the Division of Man4 agement Authority and the Division of Scientific Au5 thority of the United States Fish and Wildlife Serv6 ice to implement CITES and carry out other related 

7 duties, as the Secretary determines to be appro8 priate. 

9 (5) ADDITIONAL COMPONENTS.—The Secretary 

10 may include additional components in the Program 

11 as the Secretary determines to be appropriate. 

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

13 section alters the responsibilities of the Secretary under 

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

15 742g) and the Endangered Species Act of 1973 (16 

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

17 (e) ACCEPTANCE AND USE OF DONATIONS.—In car18 rying out the Program, the Secretary may— 

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

20 contributions; and 

21 (2) use those donations, without further appro22 priation, for capacity building, grants, and other on23 the-ground uses under the program components de24 scribed in subsection (c). 


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1 SEC. 202. AMENDMENTS TO GREAT APE CONSERVATION 

2 ACT OF 2000. 

3 Section 5(a) of the Great Ape Conservation Act of 

4 2000 (16 U.S.C. 6304) is amended— 

5 (1) in paragraph (2), by striking ‘‘and’’ at the 

6 end; 

7 (2) in paragraph (3), by striking the period at 

8 the end and inserting ‘‘; and’’; and 

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

10 ‘‘(4) any amounts, other than amounts paid as 

11 awards to whistleblowers, received by the United 

12 States for any violation of law pertaining to great 

13 apes under the Endangered Species Act of 1973 (16 

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

15 1981 (16 U.S.C. 3371 et seq.), or regulations imple16 menting those Acts, including any of those amounts 

17 received as— 

18 ‘‘(A) fines or penalties; 

19 ‘‘(B) proceeds from sales of forfeited prop20 erty, assets, or cargo; or 

21 ‘‘(C) restitution to the Federal Govern22 ment.’’. 

23 SEC. 203. FUNDING FOR EXOTIC BIRD CONSERVATION. 

24 Section 114(b)(2)(A) of the Wild Bird Conservation 

25 Act of 1992 (16 U.S.C. 4913(b)(2)(A)) is amended to 

26 read as follows: 


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1 ‘‘(A) all amounts received by the United 

2 States in the form of penalties, fines, or for3 feiture of property (or proceeds from the sale of 

4 that forfeited property) collected under this Act 

5 or imposed for violations pertaining to exotic 

6 birds under the Endangered Species Act of 

7 1973 (16 U.S.C. 1531 et seq.), the Lacey Act 

8 Amendments of 1981 (16 U.S.C. 3371 et seq.), 

9 or regulations implementing those Acts in ex10 cess of the cost of paying rewards under section 

11 4912(c);’’. 

12 SEC. 204. FUNDING FOR RHINOCEROS AND TIGER CON13 SERVATION. 

14 Section 7(f) of the Rhinoceros and Tiger Conserva15 tion Act of 1994 (16 U.S.C. 5305a(f)) is amended to read 

16 as follows: 

17 ‘‘(f) USE OF PENALTY AMOUNTS.—Amounts received 

18 as penalties, fines, or forfeiture of property (or proceeds 

19 from the sale of forfeited property) under this section— 

20 ‘‘(1) shall be made available to the Secretary 

21 without further appropriation for purposes described 

22 in section 6(d) of the Lacey Act Amendments of 

23 1981 (16 U.S.C. 3375(d)) relating to the purposes 

24 of this Act; and 


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1 ‘‘(2) such funds as the Secretary determines ex2 ceed amounts necessary for purposes described in 

3 paragraph (1) shall be deposited in the Fund.’’. 

4 SEC. 205. FUNDING FOR NEOTROPICAL MIGRATORY BIRD 

5 CONSERVATION. 

6 (a) IN GENERAL.—Section 9 of the Neotropical Mi7 gratory Bird Conservation Act (16 U.S.C. 6108) is 

8 amended— 

9 (1) in the section heading, by striking ‘‘AC10 COUNT’’ and inserting ‘‘FUND’’; 

11 (2) in subsection (a), by striking ‘‘Neotropical 

12 Migratory Bird Conservation Account’’ and inserting 

13 ‘‘Neotropical Migratory Bird Conservation Fund’’; 

14 and 

15 (3) by amending subsection (b) to read as fol16 lows: 

17 ‘‘(b) DEPOSITS INTO THE FUND.—The Secretary of 

18 the Treasury shall deposit into the Fund— 

19 ‘‘(1) all amounts, other than amounts paid as 

20 rewards to whistleblowers, received by the United 

21 States that are attributable to fines, penalties, and 

22 forfeitures of property (or proceeds from the sale of 

23 that forfeited property) imposed for violations per24 taining to neotropical migratory birds under the En25 dangered Species Act of 1973 (16 U.S.C. 1531 et 


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1 seq.), the Lacey Act Amendments of 1981 (16 

2 U.S.C. 3371 et seq.), or regulations implementing 

3 those Acts; 

4 ‘‘(2) all amounts received by the Secretary in 

5 the form of donations under subsection (d); and 

6 ‘‘(3) other amounts appropriated to the Fund.’’; 

7 and 

8 (4) in subsections (c) and (d), by striking ‘‘Ac9 count’’ each place it appears and inserting ‘‘Fund’’. 

10 (b) CONFORMING AMENDMENT.—Paragraph (1) of 

11 section 4 of such Act (16 U.S.C. 6103) is amended to read 

12 as follows: 

13 ‘‘(1) FUND.—The term ‘Fund’ means the 

14 Neotropical Migratory Bird Conservation Fund es15 tablished by section 9(a).’’. 

16 SEC. 206. AMENDMENTS TO MARINE TURTLE CONSERVA17 TION ACT OF 2004. 

18 Section 5 of the Marine Turtle Conservation Act of 

19 2004 (16 U.S.C. 6604) is amended— 

20 (1) in paragraph (2), by striking ‘‘and’’ at the 

21 end; 

22 (2) in paragraph (3), by striking the period at 

23 the end and inserting ‘‘; and’’; and 

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


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1 ‘‘(4) any amounts, other than amounts paid as 

2 awards to whistleblowers, received by the United 

3 States for any violation of law pertaining to marine 

4 turtles, freshwater turtles, or tortoises under the 

5 Endangered Species Act of 1973 (16 U.S.C. 1531 et 

6 seq.), the Lacey Act Amendments of 1981 (16 

7 U.S.C. 3371 et seq.), or regulations implementing 

8 those Acts, including any of those amounts received 

9 as— 

10 ‘‘(A) fines or penalties; 

11 ‘‘(B) proceeds from sales of forfeited prop12 erty, assets, or cargo; or 

13 ‘‘(C) restitution to the Federal Govern14 ment.’’. 

15 SEC. 207. FUNDING FOR MARINE MAMMAL CONSERVATION. 

16 (a) DEPOSITS INTO THE MARINE MAMMAL UN17 USUAL MORTALITY EVENT FUND.—Section 405(c) of the 

18 Marine Mammal Protection Act of 1972 (16 U.S.C. 

19 1421d(c)) is amended— 

20 (1) in paragraph (2), by striking ‘‘and’’ at the 

21 end; 

22 (2) in paragraph (3), by striking the period at 

23 the end and inserting a semicolon; and 

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


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1 ‘‘(4) all amounts, other than amounts paid as 

2 rewards to whistleblowers, collected by the Secretary 

3 of Commerce, including assessment costs, fines, pen4 alties, restitution, natural resource damages, and 

5 forfeitures of property (or proceeds from sales of 

6 forfeited assets or cargo), for violations of this Act 

7 or regulations implementing this Act; and 

8 ‘‘(5) sums received from emergency declaration 

9 grants for marine mammal conservation.’’. 

10 (b) APPROPRIATION OF FUNDS RECEIVED.—Section 

11 509 of the Marine Mammal Protection Act of 1972 (16 

12 U.S.C. 1423(h)) is amended by adding at the end the fol13 lowing new subsection: 

14 ‘‘(d) APPROPRIATION OF FUNDS RECEIVED.—All 

15 amounts received by the Director of the United States 

16 Fish and Wildlife Service for violations of this Act shall 

17 be available without further appropriation and until ex18 pended to carry out the purposes this Act.’’. 

19 SEC. 208. FUNDING FOR SHARK CONSERVATION. 

20 All amounts available to the Secretary of Commerce 

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

22 property (or proceeds from the sale of that forfeited prop23 erty) imposed for violations under section 307(1)(P) of the 

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1 ery management plan for sharks prepared under title III 

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

3 Secretary of Commerce for— 

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

5 the applicable violation, to the extent practicable; 

6 (2) shark conservation purposes, including to 

7 carry out amendments made by the Shark Conserva8 tion Act of 2010 (Public Law 111–348); 

9 (3) payment of awards to whistleblowers on an 

10 applicable violation under section 311(e)(1)(B) of 

11 the Magnuson-Stevens Fishery Conservation and 

12 Management Act (16 U.S.C. 1861(e)(1)(B)); or 

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

14 Magnuson-Stevens Fishery Conservation and Man15 agement Act (16 U.S.C. 1857(1)(P)) or any fishery 

16 management plan for sharks under that Act. 

17 SEC. 209. USES OF TRANSFERRED FUNDS FOR WILDLIFE 

18 CONSERVATION. 

19 All amounts made available to the Secretary of the 

20 Interior under the amendments made by sections 302 and 

21 303 shall be used— 

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

23 the applicable violation, to the extent practicable; 

24 (2) for payment of awards to whistleblowers on 

25 an applicable violation under section 103; or 


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1 (3) to carry out— 

2 (A) the African Elephant Conservation Act 

3 (16 U.S.C. 4201 et seq.); 

4 (B) the Asian Elephant Conservation Act 

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

6 (C) the Wild Bird Conservation Act of 

7 1992 (16 U.S.C. 4901 et seq.); 

8 (D) the Rhinoceros and Tiger Conservation 

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

10 (E) the Neotropical Migratory Bird Con11 servation Act (16 U.S.C. 6101 et seq.); 

12 (F) the Great Ape Conservation Act of 

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

14 (G) the Marine Turtle Conservation Act of 

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

16 (H) the Amphibians in Decline Fund es17 tablished by the Secretary and administered by 

18 the United States Fish and Wildlife Service; 

19 (I) the Critically Endangered Animals 

20 Conservation Fund established by the Secretary 

21 and administered by the United States Fish 

22 and Wildlife Service; or 

23 (J) any other international wildlife con24 servation programs or activities authorized by 

25 Federal law, as considered appropriate by the 


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1 Secretary, including activities pursuant to sec2 tions 201 and 301. 

3 TITLE III—ANTI-TRAFFICKING 

4 AND POACHING 

5 SEC. 301. UNITED STATES FISH AND WILDLIFE SERVICE OF6 FICERS ABROAD. 

7 (a) DEFINITIONS.—In this section: 

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

9 means a country that is hosting a United States 

10 Fish and Wildlife officer under this section. 

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

12 the Secretary of the Interior. 

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

14 consultation with the Secretary of State, may station not 

15 less than one United States Fish and Wildlife Service offi16 cer in the primary diplomatic or consular post of the 

17 United States in— 

18 (1) a focus country or country of concern; 

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

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

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

22 1978(a)(2)) as engaging in trade or taking which di23 minishes the effectiveness of any international pro24 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 

25 (16 U.S.C. 1538(a)(1)), section 2203 of the AfVerDate Sep 11 2014 22:51 Dec 21, 2021 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H6059.IH H6059

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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 SEC. 305. PUBLICATION OF CERTIFICATIONS UNDER THE 

19 PELLY AMENDMENT. 

20 Section 8 of the Fisherman’s Protective Act of 1967 

21 (22 U.S.C. 1978) is amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (4), by inserting at the 

24 end the following: ‘‘The Secretary of the Inte25 rior or the Secretary of Commerce, as approVerDate Sep 11 2014 22:51 Dec 21, 2021 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H6059.IH H6059

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1 priate, shall make readily available on an appro2 priate public internet website of the Federal 

3 Government a list of all certifications made 

4 under subsection (a) and maintain such listing 

5 until a termination of each such certification is 

6 made under subsection (d).’’; and 

7 (B) in paragraph (5), by inserting at the 

8 end the following: ‘‘The Secretary of the Treas9 ury shall make readily available on an appro10 priate public internet website of the Federal 

11 Government a list of all offending countries for 

12 which a prohibition was made at the direction 

13 of the President under this paragraph.’’; and 

14 (2) in subsection (d), by inserting ‘‘and on the 

15 public Federal Government internet website required 

16 under subsection (a)(4)’’ before the period. 

17 TITLE IV—ILLEGAL, UNRE18 PORTED, AND UNREGULATED 

19 FISHING 

20 SEC. 401. FUNDING FOR ILLEGAL, UNREPORTED, AND UN21 REGULATED FISHING ENFORCEMENT. 

22 All amounts available to the Secretary of Commerce 

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

24 property (or proceeds from the sale of that forfeited prop25 erty) imposed for violations under section 307(1)(Q) of the 


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1 Magnuson-Stevens Fishery Conservation and Manage2 ment Act (16 U.S.C. 1857(1)(Q)) shall be used by the 

3 Secretary of Commerce for fisheries enforcement, includ4 ing for payment of awards to whistleblowers under section 

5 103 or other applicable laws and to carry out amendments 

6 made by the Illegal, Unreported, and Unregulated Fishing 

7 Enforcement Act of 2015 (Public Law 114–81; 129 Stat. 

8 649). 

9 SEC. 402. ILLEGAL, UNREPORTED, AND UNREGULATED 

10 FISHING AS PREDICATE OFFENSES UNDER 

11 MONEY LAUNDERING STATUTE. 

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

13 is amended— 

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

15 inserting a semicolon; 

16 (2) in subparagraph (G), by striking the semi17 colon and inserting ‘‘; or’’; and 

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

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

20 307(1)(Q) of the Magnuson-Stevens Fishery 

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

22 1857(1)(Q)), if the fish involved in the violation 

23 and relevant conduct, as applicable, have a total 

24 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 ‘‘(j) 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). 

21 SEC. 405. DEPARTMENT OF STATE REWARDS FOR JUSTICE 

22 PROGRAM. 

23 Subparagraph (B) of section 36(k)(5) of the State 

24 Department Basic Authorities Act of 1956 (22 U.S.C. 

25 2708(k)(5)) is amended by inserting ‘‘, illegal fishing, un26 reported fishing, or unregulated fishing (as such terms are 


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1 defined in paragraph 3 of the International Plan of Action 

2 to Prevent, Deter, and Eliminate Illegal, Unreported, and 

3 Unregulated Fishing, adopted at the 24th Session of the 

4 Committee on Fisheries in Rome on March 2, 2001),’’ 

5 after ‘‘wildlife trafficking (as defined by section 7601(12) 

6 of title 16)’’. 

Æ 


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