[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2494 Referred in Senate (RFS)]

<DOC>
114th CONGRESS
  1st Session
                                H. R. 2494


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 3, 2015

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 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.

    This Act may be cited as the ``Global Anti-Poaching Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Poaching and the illicit trade in endangered and 
        threatened wildlife are among the most lucrative criminal 
        activities worldwide, worth an estimated $7 to $10 billion 
        annually.
            (2) Poaching and wildlife trafficking have escalated in 
        scale, sophistication and violence, risking the potential 
        extinction of some of the world's most iconic species.
            (3) Wildlife poaching and trafficking threaten elephants, 
        rhinoceros, and tigers greatly, but also have devastating 
        impact on a number of other species, including sharks, great 
        apes, and turtles.
            (4) The high demand for rare wildlife products has driven 
        prices to historically high levels.
            (5) Much of the demand for wildlife products comes from 
        Asia and is fueled by the perceived medicinal value and social 
        status associated with these products.
            (6) Reporting indicates that a number of rebel groups and 
        terrorist organizations, including Sudan's Janjaweed militia, 
        the Lord's Resistance Army, the Seleka rebel movement in the 
        Central African Republic, and Somalia's al-Shabaab, either 
        participate in or draw funding from illicit wildlife 
        trafficking networks.
            (7) Analyses suggest the high demand for illegal wildlife 
        products, combined with weak law enforcement and security 
        measures and corruption and governance failures, has led to the 
        increased involvement of transnational organized crime in 
        wildlife trafficking.
            (8) The United Nations Security Council has authorized 
        multilateral sanctions against individuals and entities 
        supporting armed groups through the illicit trade in wildlife, 
        in addition to other natural resources, in the Democratic 
        Republic of Congo and the Central African Republic.
            (9) A National Intelligence Council analysis of wildlife 
        poaching threats found that certain African government 
        officials facilitated the movement of wildlife products, and 
        that these governments' ability to reduce poaching and 
        trafficking was hindered by corruption and weak rule of law.
            (10) On November 13, 2013, the Secretary of State announced 
        the first reward under the Transnational Organized Crime 
        Rewards Program for information leading to the dismantling of 
        the Xaysavang Network, a large wildlife trafficking syndicate 
        that is based in Laos and spans Africa and Asia.

SEC. 3. EXPANSION OF WILDLIFE ENFORCEMENT NETWORKS.

    (a) Findings.--Congress finds the following:
            (1) Wildlife enforcement networks are government-led, 
        regionally-focused mechanisms that increase capacity and 
        coordination efforts between law enforcement, environmental 
        agencies, and other entities focused on countering wildlife 
        trafficking of member countries.
            (2) Currently there are active wildlife enforcement 
        networks in Southeast Asia, South Asia, and Central America. 
        The more mature wildlife enforcement networks, such as the 
        Southeast Asia wildlife enforcement network, have proven 
        effective in dismantling transnational wildlife trafficking 
        networks and bringing to justice those individuals involved in 
        the illegal trade of endangered and threatened species.
            (3) Efforts are underway to establish additional wildlife 
        enforcement networks in Central Africa, the Horn of Africa, 
        South America, and Central and West Asia, among other regions.
    (b) Statement of Policy.--The Secretary of State, the Administrator 
of the United States Agency for International Development, the Director 
of the United States Fish and Wildlife Service, and heads of other 
appropriate agencies should, in an effort to address regional threats 
to biodiversity and conservation, support strengthening existing 
wildlife enforcement networks and the establishment of new networks in 
other appropriate regions.
    (c) Sense of Congress.--It is the sense of Congress that in the 
process of strengthening and expanding wildlife enforcement networks, 
the appropriate agencies should--
            (1) assess the existing capacity of wildlife enforcement 
        network member countries to gather baseline data that may be 
        used for developing program activities for the wildlife 
        enforcement network;
            (2) establish a central secretariat within each wildlife 
        enforcement network that will coordinate the operational 
        mechanisms of each such network;
            (3) establish a focal mechanism in each member country of a 
        wildlife enforcement network, that includes representatives 
        from environmental and wildlife protection agencies, law 
        enforcement agencies, financial intelligence units, customs and 
        border protection agencies, and the judiciary system, that will 
        serve as a conduit to the larger wildlife enforcement network 
        and the central secretariat;
            (4) strengthen cooperation and the capacity of law 
        enforcement agencies of the wildlife enforcement network;
            (5) facilitate the sharing of intelligence and relevant 
        case information within the agencies of a wildlife enforcement 
        network;
            (6) support the cooperation and coordination between 
        different regional wildlife enforcement networks;
            (7) incorporate and utilize expertise from international 
        bodies and civil society organizations that have appropriate 
        subject matter expertise;
            (8) eventually create an institutionalized, sustainable, 
        and self-sufficient platform; and
            (9) recognize that lawful, well regulated hunting can 
        contribute to sustainability and economic development, and that 
        enforcement policies should not discourage or impede this 
        activity.

SEC. 4. SUPPORTING THE PROFESSIONALIZATION OF THE WILDLIFE LAW 
              ENFORCEMENT SECTOR.

    The Secretary of State, the Administrator of the United States 
Agency for International Development, the Director of the United States 
Fish and Wildlife Service, and heads of other appropriate agencies, 
including the National Park Service and the United States Forest 
Service, should, in an effort to address local and regional threats to 
biodiversity and conservation and support the rule of law and good 
governance, promote the professionalization of the wildlife law 
enforcement sector and professional ranger training in partner 
countries through support and technical assistance for the following:
            (1) The creation and adoption of standards for professional 
        ranger training and qualifications, including in relevant 
        international fora and multilateral agreements.
            (2) Training and accreditation systems based on the 
        standards described in paragraph (1) that produce 
        professionally trained and qualified rangers and promote the 
        overall professionalization of ranger forces, whether through 
        existing United States institutions, such as International Law 
        Enforcement Academies, or through partnerships with national or 
        regional training institutions.
            (3) Legal reforms, where necessary, to provide rangers with 
        authority to detain and arrest suspects, process crime scenes, 
        present evidence in court, and defend themselves in life 
        threatening situations.
            (4) The development and institutionalization of reward and 
        promotion systems for rangers based on performance and set 
        competencies.
            (5) The development and institutionalization of national 
        systems to provide insurance to rangers and their families and 
        compensation for those rangers killed in the line of duty.
            (6) Cooperation and coordination between local law 
        enforcement tasked with wildlife or park protection and local 
        defense forces, where appropriate, including training 
        opportunities, logistical support, or provision of equipment.

SEC. 5. DESIGNATION OF MAJOR WILDLIFE TRAFFICKING COUNTRIES AND 
              AUTHORITY TO WITHHOLD CERTAIN ASSISTANCE.

    (a) Report.--Not later than September 15 of each year, 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 foreign country determined 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 or their derivatives.
    (b) Special Designation.--In each report required under subsection 
(a), the Secretary of State, in consultation with the Secretary of 
Interior and the Secretary of Commerce, shall--
            (1) designate each country listed in the report that has 
        failed demonstrably, during the previous 12-month period, to 
        make substantial efforts to adhere to its obligations under 
        international agreements relating to endangered or threatened 
        species; and
            (2) include a short justification for each determination 
        made under paragraph (1).
    (c) Withholding of Assistance.--The Secretary of State may withhold 
assistance described in subsection (d) with respect to each foreign 
country that is specially designated under subsection (b).
    (d) Assistance Described.--The assistance described in this 
subsection are sections 516, 524, and 541 of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2321j, 2344, or 2347), chapter 6 of part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2348 et seq.), and section 23 
of the Arms Export Control Act (22 U.S.C. 2763).
    (e) Notification.--The Secretary of State shall notify--
            (1) the government of each foreign country that is listed 
        in the report required under subsection (a) that the country 
        has been so listed; and
            (2) the government of each foreign country that is 
        specially designated under subsection (b) and is subject to the 
        withholding of assistance described in subsection (c).
    (f) Reporting Cost Offset.--Section 8 of Public Law 107-245 (50 
U.S.C. 1701 note) is repealed.
    (g) Sunset.--This section shall terminate on the date that is 5 
years after the date of the enactment of this Act.

SEC. 6. 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. 7. UPDATES TO THE FISHERMEN'S PROTECTIVE ACT OF 1967.

    Section 8 of the Fishermen'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,'' before 
                ``finds'';
                    (C) in paragraph (3), by inserting ``in 
                consultation with the Secretary of State,'' after ``, 
                as appropriate,'';
                    (D) by redesignating paragraph (4) as paragraph 
                (5), and by inserting after paragraph (3) the 
                following:
    ``(4) The Secretary of Commerce and the Secretary of the Interior 
shall each report to the 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. 8. 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, 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:
    ``(f) Use of Amounts From Fines, Forfeitures, and Restitution 
Relating to Wildlife Trafficking Violations.--Any amounts received by 
the United States as fines, forfeitures of property or assets, or 
restitution to the Government for any violation under this section that 
involves an unlawful activity described in subsection (b)(i)(4) shall 
be transferred by the Secretary of the Treasury, to the extent 
practicable, to the Multinational Species Conservation Fund and used as 
provided in advance in appropriations Acts for the benefit of the 
species impacted by the applicable violation.''.
    (b) Money Laundering.--Section 1956 of title 18, United States 
Code, is amended--
            (1) in subsection (c)(7)--
                    (A) in subparagraph (E), by striking ``or'' at the 
                end;
                    (B) in subparagraph (F), by adding ``or'' at the 
                end; and
                    (C) by adding at the end the following:
                    ``(G) any act or acts constituting 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, 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.--Any amounts 
received by the United States as fines, forfeitures of property or 
assets, or restitution to the Government for any violation under this 
section that involves an unlawful activity described in subsection 
(c)(7)(G) shall be transferred by the Secretary of the Treasury, to the 
extent practicable, to the Multinational Species Conservation Fund and 
used as provided in advance in appropriations Acts for the benefit of 
the species impacted by the applicable violation.''.
    (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 constituting 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, 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.--Any amounts received by 
the United States as fines, forfeitures of property or assets, or 
restitution to the Government for any violation under section 1962 that 
is based on racketeering activity described in section 1961(1)(H) shall 
be transferred by the Secretary of the Treasury, to the extent 
practicable, to the Multinational Species Conservation Fund and used as 
provided in advance in appropriations Acts for the benefit of the 
species impacted by the applicable violation.''.
    (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(f), 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: ``or section 
        1952(f), 1956(j), or 1963(n) of title 18,''.

SEC. 9. OTHER ACTIONS RELATING TO WILDLIFE TRAFFICKING PROGRAMS.

    It is the sense of Congress that the Secretary of State should 
dedicate sufficient program resources to--
            (1) conduct monitoring and evaluation, with a special 
        emphasis where feasible on impact evaluations, of wildlife 
        trafficking programs consistent with the Department of State's 
        January 2015 Evaluation Policy;
            (2) publish program information on wildlife trafficking 
        programs on the Department of State's Internet website, 
        ``ForeignAssistance.gov'' in a digital format consistent with 
        the United States commitment to the International Aid 
        Transparency Initiative (IATI); and
            (3) develop and implement a learning agenda to improve the 
        performance and impact of wildlife trafficking programs and to 
        share best practices among relevant executive branch agencies.

            Passed the House of Representatives November 2, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.