[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2494 Enrolled Bill (ENR)]

        H.R.2494

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen


                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
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;''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.