[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1945 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 1945

 To amend the African Elephant Conservation Act and the Rhinoceros and 
Tiger Conservation Act to provide for trade sanctions against countries 
 involved in illegal trade of elephant ivory and rhinoceros horn, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 2015

 Mr. DeFazio introduced the following bill; which was referred to the 
  Committee on Natural Resources, and in addition to the Committee on 
   Ways and Means, 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 amend the African Elephant Conservation Act and the Rhinoceros and 
Tiger Conservation Act to provide for trade sanctions against countries 
 involved in illegal trade of elephant ivory and rhinoceros horn, 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 ``Targeted Use of Sanctions for 
Killing Elephants and Rhinoceros Act of 2015''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) poaching of African elephants and rhinoceros has 
        increased dramatically since 2006, and has reached levels that 
        threaten the continued existence of many elephant and 
        rhinoceros populations;
            (2) poaching of African elephants and rhinoceros is being 
        driven by increased demand for ivory and rhinoceros horn in 
        Asia, which has caused ivory and rhinoceros horn prices to rise 
        exponentially in recent years;
            (3) high prices have drawn organized criminal elements into 
        the illegal trade of ivory and rhinoceros horn, and it is 
        widely recognized that transnational crime rings involved in 
        trafficking in drugs, guns, and humans are also responsible for 
        trafficking in large quantities of poached ivory and rhinoceros 
        horn from Africa to Asia;
            (4) there is significant evidence that terrorist and 
        insurgent groups in Africa, including groups with ties to Al 
        Qaeda, are financing their operations through the sale of 
        illegal ivory and rhinoceros horn;
            (5) the elephant and rhinoceros poaching crisis has become 
        so severe, and the tactics of poachers so sophisticated, that 
        traditional approaches to conservation law enforcement intended 
        to protect elephants and rhinoceros in their habitat in Africa 
        are failing;
            (6) a number of countries that serve as major source, 
        transit, or destination points for illegal ivory and rhinoceros 
        horn have proven unable or unwilling to stop the product from 
        coming across their borders; and
            (7) strategies to reduce demand for ivory and rhinoceros 
        horn through education and other nonbinding means are 
        necessary, but not sufficient, to conserve African elephant and 
        rhinoceros populations.
    (b) Purpose.--The purpose of this Act is to provide a means by 
which the United States can affect demand for and illegal trafficking 
of African elephant ivory and rhinoceros horn in other countries by 
requiring those countries to enter into consultations with the United 
States to end the illegal ivory and rhinoceros horn trade, as a 
condition of continued access to United States markets for other 
natural resource products.

      TITLE I--AMENDMENTS TO THE AFRICAN ELEPHANT CONSERVATION ACT

SEC. 101. ILLEGAL TRADE DEFINED.

    Section 2305 of the African Elephant Conservation Act (16 U.S.C. 
4244) is amended by redesignating paragraphs (5) through (13) as 
paragraphs (6) through (14), respectively, and by inserting after 
paragraph (4) the following:
            ``(5) Illegal trade.--The term `illegal trade' means any 
        sale, purchase, barter, transit, or exchange of raw ivory or 
        worked ivory that was taken, traded, imported, or exported in 
        violation of the laws of an ivory-producing country, or of 
        international wildlife trade agreements, including CITES.''.

SEC. 102. AMENDMENT TO FINDINGS IN AFRICAN ELEPHANT CONSERVATION ACT.

    Section 2003 of the African Elephant Conservation Act (16 U.S.C. 
4202) is amended by adding at the end the following:
            ``(10) Poaching and trafficking of wildlife has become a 
        global crisis, funding organized criminal syndicates and 
        terrorist organizations and harming elephant populations and 
        local communities. African elephant ivory is at the center of 
        this crisis, and immediate action is necessary to eliminate the 
        demand for ivory and the profit incentive for poachers and 
        traffickers.''.

SEC. 103. STATEMENT OF POLICY.

    Section 2004 of the African Elephant Conservation Act (16 U.S.C. 
4203) is amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        by inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) to prevent additional African elephant ivory from 
        entering global commerce, and to reduce demand for ivory that 
        is driving elephant poaching by limiting natural resources-
        related trade with countries whose nationals are engaged in 
        illegal ivory trade.''.

SEC. 104. CERTIFICATION UNDER FISHERMEN'S PROTECTIVE ACT OF 1967.

    Section 2202 of the African Elephant Conservation Act (16 U.S.C. 
4222) is amended by adding at the end the following:
    ``(g) Certification.--If the CITES Standing Committee identifies 
any country as a country of primary concern because it is a significant 
source or transit or destination point for illegal trade of ivory, the 
Secretary shall issue a certification with respect to that country 
under section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 
1978(a)).''.

SEC. 105. CONSULTATION AND SANCTION.

    (a) In General.--Part II of the African Elephant Conservation Act 
(16 U.S.C. 4221 et seq.) is amended by adding at the end the following:

``SEC. 2206. CONSULTATION AND SANCTION.

    ``(a) Consultation.--Not later than 30 days after a certification 
with respect to a country under section 2202(g), the President, acting 
through the Secretary of the Interior, shall seek to enter into 
consultations with the government of the country for the purpose of 
obtaining an agreement under which the country will immediately and 
significantly reduce, and will commit to terminating, all illegal trade 
of ivory into, out of, or within that country.
    ``(b) Prohibition on Trade in Related Natural Resources.--
            ``(1) In general.--If consultations with a government under 
        subsection (a) are not satisfactorily concluded within 90 days 
        or if a government refuses to enter into consultations, the 
        President shall direct the Secretary to prohibit the 
        importation into the United States of products of wildlife, 
        fish, and plants from that country until the earlier of--
                    ``(A) the date an agreement with the country under 
                subsection (a) is finalized; or
                    ``(B) the date the Secretary finds that the country 
                is no longer a significant source or transit or 
                destination point for illegal ivory trade.
            ``(2) Public notice.--The Secretary shall publish public 
        notice of any prohibition under this subsection not later than 
        30 days before the effective date of the prohibition.
    ``(c) Determination of Effectiveness of Sanctions.--Not later than 
180 days after the effective date of a prohibition under subsection 
(b), the Secretary shall determine and report to Congress whether--
            ``(1) the prohibition is sufficient to cause the country to 
        immediately and significantly reduce, and commit to 
        terminating, illegal trade of ivory into, out of, or within 
        that country; and
            ``(2) that country has retaliated against the United States 
        as a result of that prohibition.''.
    (b) Countries Identified Before Enactment.--
            (1) Application of prohibition.--Section 2206(b) of the 
        African Elephant Conservation Act, as amended by this section, 
        shall apply to a country that before the date of the enactment 
        of this Act was identified by the CITES Standing Committee as a 
        country of primary concern because it is a significant source 
        or transit or destination point for illegal trade of ivory, if 
        the CITES Standing Committee has not rescinded such 
        identification by that date of enactment.
            (2) Consultation.--The President, acting through the 
        Secretary of the Interior, shall seek to enter into 
        consultations under section 2206(a) of the African Elephant 
        Conservation Act, as amended by this section, with a country 
        described in paragraph (1) of this subsection by not later than 
        30 days after the date of the enactment of this Act.

   TITLE II--AMENDMENTS TO THE RHINOCEROS AND TIGER CONSERVATION ACT

SEC. 201. AMENDMENT TO FINDINGS.

    Section 2 of the Rhinoceros and Tiger Conservation Act (16 U.S.C. 
5301) is amended by adding at the end the following:
            ``(11) Poaching and trafficking of wildlife has become a 
        global crisis, funding organized criminal syndicates and 
        terrorist organizations and harming rhinoceros populations and 
        local communities. Rhinoceros horn is at the center of this 
        crisis, and immediate action is necessary to eliminate the 
        demand for rhinoceros horn and the profit incentive for 
        poachers and traffickers.''.

SEC. 202. AMENDMENT TO PURPOSES.

    Section 3 of the Rhinoceros and Tiger Conservation Act (16 U.S.C. 
5302) is amended by adding at the end the following:
            ``(4) To provide a means by which the United States can 
        affect demand for and illegal trafficking of rhinoceros horn in 
        other countries by requiring those countries to enter into 
        consultations with the United States to end the illegal trade 
        in rhinoceros horn, as a condition of continued access to 
        United States markets for other natural resource products.''.

SEC. 203. ILLEGAL TRADE DEFINED.

    Section 4 of the Rhinoceros and Tiger Conservation Act (16 U.S.C. 
5303) is amended by adding at the end the following:
            ``(7) Illegal trade.--The term `illegal trade' means any 
        sale, purchase, barter, transit, or exchange of raw rhinoceros 
        horn or worked rhinoceros horn that was taken in violation of 
        the laws of a country within the range of the black rhinoceros 
        or white rhinoceros, or of international wildlife trade 
        agreements, including CITES.''.

SEC. 204. CERTIFICATION UNDER FISHERMEN'S PROTECTIVE ACT OF 1967.

    (a) In General.--The Rhinoceros and Tiger Conservation Act is 
amended by redesignating sections 8, 9, and 10 (16 U.S.C. 5305b, 5305c, 
and 5306) as sections 9, 10, and 11, respectively, and inserting after 
section 7 (16 U.S.C. 5305a) the following:

``SEC. 8. CERTIFICATION, CONSULTATION, AND SANCTION.

    ``(a) Certification.--If the CITES Standing Committee identifies 
any country as a country of primary concern because it is a significant 
source or transit or destination point for illegal trade of rhinoceros 
horn, the Secretary shall issue a certification with respect to that 
country under section 8(a) of the Fishermen's Protective Act of 1967 
(22 U.S.C. 1978(a)).
    ``(b) Consultation.--Not later than 30 days after issuance of a 
certification with respect to the country under subsection (a), the 
President, acting through the Secretary of the Interior, shall seek to 
enter into consultations with the government of the country for the 
purpose of obtaining an agreement under which the country will 
immediately and significantly reduce, and will commit to terminating, 
all illegal trade of rhinoceros horn into, out of, or within that 
country.
    ``(c) Prohibition on Trade in Related Natural Resources.--
            ``(1) In general.--If consultations with a government under 
        subsection (b) are not satisfactorily concluded within 90 days 
        or if a government refuses to enter into such consultations, 
        the President shall direct the Secretary to prohibit the 
        importation into the United States of products of wildlife, 
        fish, and plants from that country until the earlier of--
                    ``(A) the date an agreement with the country under 
                subsection (b) is finalized; or
                    ``(B) the date the Secretary finds that the country 
                is no longer a significant source or transit or 
                destination point for illegal trade of rhinoceros horn.
            ``(2) Public notice.--The Secretary shall publish public 
        notice of any prohibition under this subsection not later than 
        30 days before the effective date of the prohibition.
    ``(d) Determination of Effectiveness of Sanctions.--Not later than 
180 days after the effective date of a prohibition under subsection 
(c), the Secretary shall determine and report to Congress whether--
            ``(1) the prohibition is sufficient to cause the country to 
        immediately and significantly reduce, and commit to 
        terminating, illegal trade of rhinoceros horn into, out of, or 
        within that country; and
            ``(2) that country has retaliated against the United States 
        as a result of that prohibition.''.
    (b) Countries Identified Before Enactment.--
            (1) Application of prohibition.--Section 8(c) of the 
        Rhinoceros and Tiger Conservation Act, as amended by this 
        section, shall apply to a country that before the date of the 
        enactment of this Act was identified by the CITES Standing 
        Committee as a country of primary concern because it is a 
        significant source or transit or destination point for illegal 
        trade of rhinoceros horn, if the CITES Standing Committee has 
        not rescinded such identification by that date of enactment.
            (2) Consultation.--The President, acting through the 
        Secretary of the Interior, shall seek to enter into 
        consultations under 8(c) of the Rhinoceros and Tiger 
        Conservation Act, as amended by this section, with a country 
        described in paragraph (1) of this subsection by not later than 
        30 days after the date of the enactment of this Act.
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