[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2494 Engrossed Amendment Senate (EAS)]

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                  In the Senate of the United States,

                                                    September 15, 2016.
    Resolved, That the bill from the House of Representatives (H.R. 
2494) entitled ``An Act to support global anti-poaching efforts, 
strengthen the capacity of partner countries to counter wildlife 
trafficking, designate major wildlife trafficking countries, and for 
other purposes.'', do pass with the following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Eliminate, 
Neutralize, and Disrupt Wildlife Trafficking Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                      TITLE I--PURPOSES AND POLICY

Sec. 101. Purposes.
Sec. 102. Statement of United States policy.

        TITLE II--REPORT ON MAJOR WILDLIFE TRAFFICKING COUNTRIES

Sec. 201. Report.

             TITLE III--FRAMEWORK FOR INTERAGENCY RESPONSE

Sec. 301. Presidential Task Force on Wildlife Trafficking.

   TITLE IV--PROGRAMS TO ADDRESS THE ESCALATING WILDLIFE TRAFFICKING 
                                 CRISIS

Sec. 401. Anti-poaching programs.
Sec. 402. Anti-trafficking programs.
Sec. 403. Engagement of United States diplomatic missions.
Sec. 404. Community conservation.

    TITLE V--OTHER ACTIONS RELATING TO WILDLIFE TRAFFICKING PROGRAMS

Sec. 501. Amendments to Fisherman's Protective Act of 1967.
Sec. 502. Wildlife trafficking violations as predicate offenses under 
                            money laundering statute.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives.
            (2) Co-chairs of the task force.--The term ``Co-Chairs of 
        the Task Force'' means the Secretary of State, the Secretary of 
        the Interior, and the Attorney General, as established pursuant 
        to Executive Order 13648.
            (3) Community conservation.--The term ``community 
        conservation'' means an approach to conservation that 
        recognizes the rights of local people to manage, or benefit 
        directly and indirectly from wildlife and other natural 
        resources in a long-term biologically viable manner and 
        includes--
                    (A) devolving management and governance to local 
                communities to create positive conditions for resource 
                use that takes into account current and future 
                ecological requirements; and
                    (B) building the capacity of communities for 
                conservation and natural resource management.
            (4) Country of concern.--The term ``country of concern'' 
        refers to a foreign country specially designated by the 
        Secretary of State pursuant to subsection (b) of section 201 as 
        a major source of wildlife trafficking products or their 
        derivatives, a major transit point of wildlife trafficking 
        products or their derivatives, or a major consumer of wildlife 
        trafficking products, in which the government has actively 
        engaged in or knowingly profited from the trafficking of 
        endangered or threatened species.
            (5) Focus country.--The term ``focus country'' refers to a 
        foreign country determined by the Secretary of State to be a 
        major source of wildlife trafficking products or their 
        derivatives, a major transit point of wildlife trafficking 
        products or their derivatives, or a major consumer of wildlife 
        trafficking products.
            (6) Defense article; defense service; significant military 
        equipment; training.--The terms ``defense article'', ``defense 
        service'', ``significant military equipment'', and ``training'' 
        have the meanings given such terms in section 47 of the Arms 
        Export Control Act (22 U.S.C. 2794).
            (7) Implementation plan.--The term ``Implementation Plan'' 
        means the Implementation Plan for the National Strategy for 
        Combating Wildlife Trafficking released on February 11, 2015, a 
        modification of that plan, or a successor plan.
            (8) National strategy.--The term ``National Strategy'' 
        means the National Strategy for Combating Wildlife Trafficking 
        published on February 11, 2014, a modification of that 
        strategy, or a successor strategy.
            (9) National wildlife services.--The term ``national 
        wildlife services'' refers to the ministries and government 
        bodies designated to manage matters pertaining to wildlife 
        management, including poaching or trafficking, in a focus 
        country.
            (10) Security force.--The term ``security force'' means a 
        military, law enforcement, gendarmerie, park ranger, or any 
        other security force with a responsibility for protecting 
        wildlife and natural habitats.
            (11) Task force.--The term ``Task Force'' means the 
        Presidential Task Force on Wildlife Trafficking, as established 
        by Executive Order 13648 (78 Fed. Reg. 40621) and modified by 
        section 201.
            (12) Wildlife trafficking.--The term ``wildlife 
        trafficking'' refers to the poaching or other illegal taking of 
        protected or managed species and the illegal trade in wildlife 
        and their related parts and products.

                      TITLE I--PURPOSES AND POLICY

SEC. 101. PURPOSES.

    The purposes of this Act are--
            (1) to support a collaborative, interagency approach to 
        address wildlife trafficking;
            (2) to protect and conserve the remaining populations of 
        wild elephants, rhinoceroses, and other species threatened by 
        poaching and the illegal wildlife trade;
            (3) to disrupt regional and global transnational organized 
        criminal networks and to prevent the illegal wildlife trade 
        from being used as a source of financing for criminal groups 
        that undermine United States and global security interests;
            (4) to prevent wildlife poaching and trafficking from being 
        a means to make a living in focus countries;
            (5) to support the efforts of, and collaborate with, 
        individuals, communities, local organizations, and foreign 
        governments to combat poaching and wildlife trafficking;
            (6) to assist focus countries in implementation of national 
        wildlife anti-trafficking and poaching laws; and
            (7) to ensure that United States assistance to prevent and 
        suppress illicit wildlife trafficking is carefully planned and 
        coordinated, and that it is systematically and rationally 
        prioritized on the basis of detailed analysis of the nature and 
        severity of threats to wildlife and the willingness and ability 
        of foreign partners to cooperate effectively toward these ends.

SEC. 102. STATEMENT OF UNITED STATES POLICY.

    It is the policy of the United States--
            (1) to take immediate actions to stop the illegal global 
        trade in wildlife and wildlife products and associated 
        transnational organized crime;
            (2) to provide technical and other forms of assistance to 
        help focus countries halt the poaching of elephants, 
        rhinoceroses, and other imperiled species and end the illegal 
        trade in wildlife and wildlife products, including by providing 
        training and assistance in--
                    (A) wildlife protection and management of wildlife 
                populations;
                    (B) anti-poaching and effective management of 
                protected areas including community managed and 
                privately-owned lands;
                    (C) local engagement of security forces in anti-
                poaching responsibilities, where appropriate;
                    (D) wildlife trafficking investigative techniques, 
                including forensic tools;
                    (E) transparency and corruption issues;
                    (F) management, tracking, and inventory of 
                confiscated wildlife contraband;
                    (G) demand reduction strategies in countries that 
                lack the means and resources to conduct them; and
                    (H) bilateral and multilateral agreements and 
                cooperation;
            (3) to employ appropriate assets and resources of the 
        United States Government in a coordinated manner to curtail 
        poaching and disrupt and dismantle illegal wildlife trade 
        networks and the financing of those networks in a manner 
        appropriate for each focus country;
            (4) to build upon the National Strategy and Implementation 
        Plan to further combat wildlife trafficking in a holistic 
        manner and guide the response of the United States Government 
        to ensure progress in the fight against wildlife trafficking; 
        and
            (5) to recognize the ties of wildlife trafficking to 
        broader forms of transnational organized criminal activities, 
        including trafficking, and where applicable, to focus on those 
        crimes in a coordinated, cross-cutting manner.

        TITLE II--REPORT ON MAJOR WILDLIFE TRAFFICKING COUNTRIES

SEC. 201. REPORT.

    (a) Report.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter, the Secretary of State, 
in consultation with the Secretary of the Interior and the Secretary of 
Commerce, shall submit to Congress a report that lists each country 
determined by the Secretary of State to be a focus country within the 
meaning of this Act.
    (b) Special Designation.--In each report required under subsection 
(a), the Secretary of State, in consultation with the Secretary of the 
Interior and the Secretary of Commerce, shall identify each country of 
concern listed in the report the government of which has actively 
engaged in or knowingly profited from the trafficking of endangered or 
threatened species.
    (c) Sunset.--This section shall terminate on the date that is 5 
years after the date of the enactment of this Act.

             TITLE III--FRAMEWORK FOR INTERAGENCY RESPONSE

SEC. 301. PRESIDENTIAL TASK FORCE ON WILDLIFE TRAFFICKING.

    (a) Responsibilities.--In addition to the functions required by 
Executive Order 13648 (78 Fed. Reg. 40621), the Task Force shall be 
informed by the Secretary of State's annual report required under 
section 201 and considering all available information, ensure that 
relevant United States Government agencies--
            (1) collaborate, to the greatest extent practicable, with 
        the national wildlife services, or other relevant bodies of 
        each focus country to prepare, not later than 90 days after the 
        date of submission of the report required under section 201(a), 
        a United States mission assessment of the threats to wildlife 
        in that focus country and an assessment of the capacity of that 
        country to address wildlife trafficking;
            (2) collaborate, to the greatest extent practicable, with 
        relevant ministries, national wildlife services, or other 
        relevant bodies of each focus country to prepare, not later 
        than 180 days after preparation of the assessment referred to 
        in paragraph (1), a United States mission strategic plan that 
        includes recommendations for addressing wildlife trafficking, 
        taking into account any regional or national strategies for 
        addressing wildlife trafficking in a focus country developed 
        before the preparation of such assessment;
            (3) coordinate efforts among United States Federal agencies 
        and non-Federal partners, including missions, domestic and 
        international organizations, the private sector, and other 
        global partners, to implement the strategic plans required by 
        paragraph (2) in each focus country;
            (4) not less frequently than annually, consult and 
        coordinate with stakeholders qualified to provide advice, 
        assistance, and information regarding effective support for 
        anti-poaching activities, coordination of regional law 
        enforcement efforts, development of and support for effective 
        legal enforcement mechanisms, and development of strategies to 
        reduce illicit trade and reduce consumer demand for illegally 
        traded wildlife and wildlife products, and other relevant 
        topics under this Act; and
            (5) coordinate or carry out other functions as are 
        necessary to implement this Act.
    (b) Duplication and Efficiency.--The Task Force shall--
            (1) ensure that the activities of the Federal agencies 
        involved in carrying out efforts under this Act are coordinated 
        and not duplicated; and
            (2) encourage efficiencies and coordination among the 
        efforts of Federal agencies and interagency initiatives ongoing 
        as of the date of the enactment of this Act to address 
        trafficking activities, including trafficking of wildlife, 
        humans, weapons, and narcotics, illegal trade, transnational 
        organized crime, or other illegal activities.
    (c) Consistency With Agency Responsibilities.--The Task Force shall 
carry out its responsibilities under this Act in a manner consistent 
with the authorities and responsibilities of agencies represented on 
the Task Force.
    (d) Task Force Strategic Review.--One year after the date of the 
enactment of this Act, and annually thereafter, the Task Force shall 
submit a strategic assessment of its work and provide a briefing to the 
appropriate congressional committees that shall include--
            (1) a review and assessment of the Task Force's 
        implementation of this Act, identifying successes, failures, 
        and gaps in its work, or that of agencies represented on the 
        Task Force, including detailed descriptions of--
                    (A) what approaches, initiatives, or programs have 
                succeeded best in increasing the willingness and 
                capacity of focus countries to suppress and prevent 
                illegal wildlife trafficking, and what approaches, 
                initiatives, or programs have not succeeded as well as 
                hoped; and
                    (B) which foreign governments subject to 
                subsections (a) and (b) of section 201 have proven to 
                be the most successful partners in suppressing and 
                preventing illegal wildlife trafficking, which focus 
                countries have not proven to be so, and what factors 
                contributed to these results in each country discussed;
            (2) a description of each Task Force member agency's 
        priorities and objectives for combating wildlife trafficking;
            (3) an account of total United States funding each year 
        since fiscal year 2014 for all government agencies and programs 
        involved in countering poaching and wildlife trafficking;
            (4) an account of total United States funding since fiscal 
        year 2014 to support the activities of the Task Force, 
        including administrative overhead costs and congressional 
        reporting; and
            (5) recommendations for how to improve United States and 
        international efforts to suppress and prevent illegal wildlife 
        trafficking in the future, based upon the Task Force's 
        experience as of the time of the review.
    (e) Termination of Task Force.--The statutory authorization for the 
Task Force provided by this Act shall terminate 5 years after the date 
of the enactment of this Act or such earlier date that the President 
terminates the Task Force by rescinding, superseding, or otherwise 
modifying relevant portions of Executive Order 13648.

   TITLE IV--PROGRAMS TO ADDRESS THE ESCALATING WILDLIFE TRAFFICKING 
                                 CRISIS

SEC. 401. ANTI-POACHING PROGRAMS.

    (a) Wildlife Law Enforcement Professional Training and Coordination 
Activities.--The Secretary of State and the Administrator of the United 
States Agency for International Development, in collaboration with the 
heads of other relevant United States agencies and nongovernmental 
partners where appropriate, may provide assistance to focus countries 
to carry out the recommendations made in the strategic plan required by 
section 301(a)(2), among other goals, to improve the effectiveness of 
wildlife law enforcement in regions and countries that have 
demonstrated capacity, willingness, and need for assistance.
    (b) Sense of Congress Regarding Security Assistance To Counter 
Wildlife Trafficking and Poaching in Africa.--It is the sense of 
Congress that the United States should continue to provide defense 
articles (not including significant military equipment), defense 
services, and related training to appropriate security forces of 
countries of Africa for the purposes of countering wildlife trafficking 
and poaching.

SEC. 402. ANTI-TRAFFICKING PROGRAMS.

    (a) Investigative Capacity Building.--The Secretary of State and 
the Administrator of the United States Agency for International 
Development, in collaboration with the heads of other relevant United 
States agencies and communities, regions, and governments in focus 
countries, may design and implement programs in focus countries to 
carry out the recommendations made in the strategic plan required under 
section 301(a)(2) among other goals, with clear and measurable targets 
and indicators of success, to increase the capacity of wildlife law 
enforcement and customs and border security officers in focus 
countries.
    (b) Transnational Programs.--The Secretary of State and the 
Administrator of the United States Agency for International 
Development, in collaboration with other relevant United States 
agencies, nongovernmental partners, and international bodies, and in 
collaboration with communities, regions, and governments in focus 
countries, may design and implement programs, including support for 
Wildlife Enforcement Networks, in focus countries to carry out the 
recommendations made in the strategic plan required under section 
301(a)(2), among other goals, to better understand and combat the 
transnational trade in illegal wildlife.

SEC. 403. ENGAGEMENT OF UNITED STATES DIPLOMATIC MISSIONS.

    As soon as practicable but not later than 2 years after the date of 
the enactment of this Act, each chief of mission to a focus country 
should begin to implement the recommendations contained in the 
strategic plan required under section 301(a)(2), among other goals, for 
the country.

SEC. 404. COMMUNITY CONSERVATION.

    The Secretary of State, in collaboration with the United State 
Agency for International Development, heads of other relevant United 
States agencies, the private sector, nongovernmental organizations, and 
other development partners, may provide support in focus countries to 
carry out the recommendations made in the strategic plan required under 
section 301(a)(2) as such recommendations relate to the development, 
scaling, and replication of community wildlife conservancies and 
community conservation programs in focus countries to assist with rural 
stability and greater security for people and wildlife, empower and 
support communities to manage or benefit from their wildlife resources 
in a long-term biologically viable manner, and reduce the threat of 
poaching and trafficking, including through--
            (1) promoting conservation-based enterprises and 
        incentives, such as eco-tourism and stewardship-oriented 
        agricultural production, that empower communities to manage 
        wildlife, natural resources, and community ventures where 
        appropriate, by ensuring they benefit from well-managed 
        wildlife populations;
            (2) helping create alternative livelihoods to poaching by 
        mitigating wildlife trafficking, helping support rural 
        stability, greater security for people and wildlife, 
        responsible economic development, and economic incentives to 
        conserve wildlife populations;
            (3) engaging regional businesses and the private sector to 
        develop goods and services to aid in anti-poaching and anti-
        trafficking measures;
            (4) working with communities to develop secure and safe 
        methods of sharing information with enforcement officials;
            (5) providing technical assistance to support land use 
        stewardship plans to improve the economic, environmental, and 
        social outcomes in community-owned or -managed lands;
            (6) supporting community anti-poaching efforts, including 
        policing and informant networks;
            (7) working with community and national governments to 
        develop relevant policy and regulatory frameworks to enable and 
        promote community conservation programs, including supporting 
        law enforcement engagement with wildlife protection authorities 
        to promote information-sharing; and
            (8) working with national governments to ensure that 
        communities have timely and effective support from national 
        authorities to mitigate risks that communities may face when 
        engaging in anti-poaching and anti-trafficking activities.

    TITLE V--OTHER ACTIONS RELATING TO WILDLIFE TRAFFICKING PROGRAMS

SEC. 501. AMENDMENTS TO FISHERMAN'S PROTECTIVE ACT OF 1967.

    Section 8 of the Fisherman's Protective Act of 1967 (22 U.S.C. 
1978) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``, in 
                consultation with the Secretary of State,'' after 
                ``Secretary of Commerce'';
                    (B) in paragraph (2), by inserting ``, in 
                consultation with the Secretary of State,'' after 
                ``Secretary of the Interior'';
                    (C) in paragraph (3), by inserting ``in 
                consultation with the Secretary of State,'' after ``, 
                as appropriate,'';
                    (D) by redesigning paragraph (4) as paragraph (5); 
                and
                    (E) by inserting after paragraph (3) the following 
                new paragraph:
            ``(4) The Secretary of Commerce and the Secretary of the 
        Interior shall each report to Congress each certification to 
        the President made by such Secretary under this subsection, 
        within 15 days after making such certification.''; and
            (2) in subsection (d), by inserting ``in consultation with 
        the Secretary of State,'' after ``as the case may be,''.

SEC. 502. WILDLIFE TRAFFICKING VIOLATIONS AS PREDICATE OFFENSES UNDER 
              MONEY LAUNDERING STATUTE.

    Section 1956(c)(7) of title 18, United States Code, is amended--
            (1) in subparagraph (E), by striking ``; or'' and inserting 
        a semicolon;
            (2) in subparagraph (F), by striking the semicolon and 
        inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(G) any act that is a criminal violation of 
                subparagraph (A), (B), (C), (D), (E), or (F) of 
                paragraph (1) of section 9(a) 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;''.

            Attest:

                                                             Secretary.
114th CONGRESS

  2d Session

                               H.R. 2494

_______________________________________________________________________

                               AMENDMENT