[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 27 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 27

To make wildlife trafficking a predicate offense under racketeering and 
 money laundering statutes and the Travel Act, to provide for the use 
   for conservation purposes of amounts from civil penalties, fines, 
    forfeitures, and restitution under such statutes based on such 
                  violations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 6, 2015

 Mrs. Feinstein (for herself and Mr. Graham) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
To make wildlife trafficking a predicate offense under racketeering and 
 money laundering statutes and the Travel Act, to provide for the use 
   for conservation purposes of amounts from civil penalties, fines, 
    forfeitures, and restitution under such statutes based on such 
                  violations, 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 Trafficking Enforcement Act 
of 2015''.

SEC. 2. WILDLIFE TRAFFICKING VIOLATIONS AS PREDICATE OFFENSES UNDER 
              RACKETEERING AND MONEY LAUNDERING STATUTES.

    (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 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:
    ``(e) Use of Amounts From Fines, Forfeitures, and Restitution 
Relating to Wildlife Trafficking Violations.--
            ``(1) In general.--The Secretary of the Treasury shall 
        transfer to the Secretary of the Interior and the Secretary of 
        Commerce, for use in accordance with paragraph (2), the amounts 
        received as fines, forfeitures of property or assets, or 
        restitution to the Federal Government for any violation under 
        this section that is based on an unlawful activity described in 
        subsection (b)(i)(4).
            ``(2) Funds.--Of the amounts transferred under paragraph 
        (1), the Secretary of the Interior and the Secretary of 
        Commerce shall use such amounts as each Secretary determines 
        necessary for the benefit of the species impacted by the 
        applicable violation, to the extent practicable, by depositing 
        the amounts into any fund that is created or authorized under 
        Federal law for conservation purposes.''.
    (b) Money Laundering.--Section 1956 of title 18, United States 
Code, is amended--
            (1) in subsection (c)(7)--
                    (A) in subsection (E), by striking ``or'' at the 
                end;
                    (B) in subsection (F), by adding ``or'' at the end; 
                and
                    (C) by adding at the end the following:
                    ``(G) any act that is a criminal violation 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) by adding at the end the following:
    ``(j) Use of Amounts From Civil Penalties, Fines, Forfeitures, and 
Restitution Relating to Wildlife Trafficking Violations.--
            ``(1) In general.--The Secretary of the Treasury shall 
        transfer to the Secretary of the Interior and the Secretary of 
        Commerce, for use in accordance with paragraph (2), the amounts 
        received as civil penalties, fines, forfeitures of property or 
        assets, or restitution to the Federal Government for any 
        violation under this section that is based on specified 
        unlawful activity described in subsection (c)(7)(G).
            ``(2) Funds.--Of the amounts transferred under paragraph 
        (1), the Secretary of the Interior and the Secretary of 
        Commerce shall use such amounts as each Secretary determines 
        necessary for the benefit of the species impacted by the 
        applicable violation, to the extent practicable, by depositing 
        the amounts into any fund that is created or authorized under 
        Federal law for conservation purposes.''.
    (c) 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 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) Use of Amounts From Fines, Forfeitures, and Restitution 
Relating to Wildlife Trafficking Violations.--
            ``(1) In general.--The Secretary of the Treasury shall 
        transfer to the Secretary of the Interior and the Secretary of 
        Commerce, for use in accordance with paragraph (2), the amounts 
        received as 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).
            ``(2) Funds.--Of the amounts transferred under paragraph 
        (1), the Secretary of the Interior and the Secretary of 
        Commerce shall use such amounts as each Secretary determines 
        necessary for the benefit of the species impacted by the 
        applicable violation, to the extent practicable, by depositing 
        the amounts into any fund that is created or authorized under 
        Federal law for conservation purposes.''.
    (d) Technical and Conforming Amendments.--
            (1) Use of amounts from fines.--Section 1402(b)(1)(A) of 
        the Victims of Crime Act of 1984 (42 U.S.C. 10601(b)(1)(A)) is 
        amended--
                    (A) in clause (i), by striking ``and'' at the end; 
                and
                    (B) by adding at the end the following:
                            ``(iii) sections 1952(e), 1956(j), and 
                        1963(n) of title 18, United States Code; and''.
            (2) Use of amounts from forfeitures.--Section 524(c)(4)(A) 
        of title 28, United States Code, is amended by inserting before 
        ``or the Postmaster General'' the following: ``the Secretary of 
        the Treasury pursuant to section 1952(e), 1956(j), or 1963(n) 
        of title 18,''.
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