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Code · BILL · 115th Congress · H.R. 5697 (Introduced in House) — To support wildlife conservation, improve anti-trafficking enforcement, provide dedicated funding for wildlife conser... · Sec. 10

Sec. 10. Wildlife trafficking violations as predicate offenses under Travel Act and racketeering statute

574 words·~3 min read·/bill/115/hr/5697/ih/section-10

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Section 1952 of title 18, United States Code, is further amended— in subsection (b)— by striking or
(3)and inserting
(3); and by striking of this title and
(ii)and inserting the following: of this title, or
(4)any act that is a criminal violation of any of subparagraphs
(A)through
(F)of section 9(a)(1) of the Endangered Species Act of 1973 ( ; and 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)by adding at the end the following: 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). . Chapter 96 of title 18, United States Code, is amended— in section 1961(1)— by striking or
(G)and inserting
(G); and by inserting before the semicolon at the end the following: , or
(H)any act that is a criminal violation of any of subparagraphs
(A)through
(F)of section 9(a)(1) of the Endangered Species Act of 1973 ( ; and 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 in section 1963, by adding at the end the following: 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). . Nothing in this section and the amendments made by this section nullifies or supersedes any other provision of Federal law and regulations pertaining to the import of sport-hunted wildlife trophies. Nothing in this section or any amendments made by this section shall be— construed to prohibit any citizen or legal resident of the United States, or an agent of such an individual, from importing a lawfully taken sport-hunted trophy for personal or similar noncommercial use if such importation is in compliance with sections 4(d) and 10 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(d) and 1539), section 3(a) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3372(a) ), and regulations implementing those sections; or used to prosecute any citizen or legal resident of the United States, or an agent of such an individual, for importing a lawfully taken sport-hunted trophy for personal or similar noncommercial use if such importation is in compliance with sections 4(d) and 10 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(d) and 1539), section 3(a) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3372(a) ), and regulations implementing those sections.
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