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

<DOC>





                                                       Calendar No. 459
114th CONGRESS
  2d 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

                              May 9, 2016

               Reported by Mr. Corker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Global Anti-Poaching 
Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) The high demand for rare wildlife products has 
        driven prices to historically high levels.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. EXPANSION OF WILDLIFE ENFORCEMENT NETWORKS.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) establish a central secretariat within each 
        wildlife enforcement network that will coordinate the 
        operational mechanisms of each such network;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) strengthen cooperation and the capacity of law 
        enforcement agencies of the wildlife enforcement 
        network;</DELETED>
        <DELETED>    (5) facilitate the sharing of intelligence and 
        relevant case information within the agencies of a wildlife 
        enforcement network;</DELETED>
        <DELETED>    (6) support the cooperation and coordination 
        between different regional wildlife enforcement 
        networks;</DELETED>
        <DELETED>    (7) incorporate and utilize expertise from 
        international bodies and civil society organizations that have 
        appropriate subject matter expertise;</DELETED>
        <DELETED>    (8) eventually create an institutionalized, 
        sustainable, and self-sufficient platform; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. SUPPORTING THE PROFESSIONALIZATION OF THE WILDLIFE LAW 
              ENFORCEMENT SECTOR.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (1) The creation and adoption of standards for 
        professional ranger training and qualifications, including in 
        relevant international fora and multilateral 
        agreements.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) The development and institutionalization of 
        reward and promotion systems for rangers based on performance 
        and set competencies.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. DESIGNATION OF MAJOR WILDLIFE TRAFFICKING COUNTRIES 
              AND AUTHORITY TO WITHHOLD CERTAIN ASSISTANCE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) include a short justification for each 
        determination made under paragraph (1).</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (e) Notification.--The Secretary of State shall notify--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (f) Reporting Cost Offset.--Section 8 of Public Law 107-
245 (50 U.S.C. 1701 note) is repealed.</DELETED>
<DELETED>    (g) Sunset.--This section shall terminate on the date that 
is 5 years after the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 6. SENSE OF CONGRESS REGARDING SECURITY ASSISTANCE TO 
              COUNTER WILDLIFE TRAFFICKING AND POACHING IN 
              AFRICA.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 7. UPDATES TO THE FISHERMEN'S PROTECTIVE ACT OF 
              1967.</DELETED>

<DELETED>    Section 8 of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1978) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1), by inserting ``, in 
                consultation with the Secretary of State,'' after 
                ``Secretary of Commerce'';</DELETED>
                <DELETED>    (B) in paragraph (2), by inserting ``, in 
                consultation with the Secretary of State,'' before 
                ``finds'';</DELETED>
                <DELETED>    (C) in paragraph (3), by inserting ``in 
                consultation with the Secretary of State,'' after ``, 
                as appropriate,'';</DELETED>
                <DELETED>    (D) by redesignating paragraph (4) as 
                paragraph (5), and by inserting after paragraph (3) the 
                following:</DELETED>
<DELETED>    ``(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</DELETED>
        <DELETED>    (2) in subsection (d), by inserting ``in 
        consultation with the Secretary of State,'' after ``as the case 
        may be,''.</DELETED>

<DELETED>SEC. 8. WILDLIFE TRAFFICKING VIOLATIONS AS PREDICATE OFFENSES 
              UNDER RACKETEERING AND MONEY LAUNDERING 
              STATUTES.</DELETED>

<DELETED>    (a) Travel Act.--Section 1952 of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) by striking ``or (3)'' and inserting 
                ``(3)''; and</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Money Laundering.--Section 1956 of title 18, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (c)(7)--</DELETED>
                <DELETED>    (A) in subparagraph (E), by striking 
                ``or'' at the end;</DELETED>
                <DELETED>    (B) in subparagraph (F), by adding ``or'' 
                at the end; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) RICO.--Chapter 96 of title 18, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in section 1961(1)--</DELETED>
                <DELETED>    (A) by striking ``or (G)'' and inserting 
                ``(G)''; and</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (2) in section 1963, by adding at the end the 
        following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (d) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) in clause (i), by striking ``and'' at 
                the end; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
                        <DELETED>    ``(iii) sections 1952(f), 1956(j), 
                        and 1963(n) of title 18, United States Code; 
                        and''.</DELETED>
        <DELETED>    (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,''.</DELETED>

<DELETED>SEC. 9. OTHER ACTIONS RELATING TO WILDLIFE TRAFFICKING 
              PROGRAMS.</DELETED>

<DELETED>    It is the sense of Congress that the Secretary of State 
should dedicate sufficient program resources to--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

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--TRANSITION OF OVERSEAS CONTINGENCY FUNDING TO BASE FUNDING

Sec. 501. Sense of congress on funding.

   TITLE VI--OTHER ACTIONS RELATING TO WILDLIFE TRAFFICKING PROGRAMS

Sec. 601. Amendments to Fisherman's Protective Act of 1967.

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 sustainably manage, or 
        benefit directly and indirectly from wildlife and other natural 
        resources and includes--
                    (A) devolving management and governance to local 
                communities to create positive conditions for 
                sustainable resource use; 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 
listed in the report that also constitutes a country of concern (as 
defined in section 2(4)) .
    (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) Authority to Provide Security Assistance to Counter Wildlife 
Trafficking and Poaching.--
            (1) In general.--The President is authorized to provide 
        defense articles, defense services, and related training to 
        security forces of focus countries for the purpose of 
        countering wildlife trafficking and poaching where appropriate.
            (2) Types of assistance.--
                    (A) In general.--Assistance provided under 
                paragraph (1) may include intelligence and surveillance 
                assets, communications and electronic equipment, 
                mobility assets, night vision and thermal imaging 
                devices, and organizational clothing and individual 
                equipment, pursuant to the applicable provision of the 
                Arms Export Control Act (22 U.S.C. 2751 et seq.) or the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
                seq.).
                    (B) Limitation.--Assistance provided under 
                paragraph (1) may not include significant military 
                equipment.
            (3) Special rule.--Assistance provided under paragraph (1) 
        shall be in addition to any other assistance provided to the 
        countries under any other provision of law.
            (4) Prohibition on assistance.--
                    (A) In general.--No assistance may be provided 
                under subsection (b) to a unit of a security force if 
                the President determines that the unit has been found 
                to engage in wildlife trafficking or poaching.
                    (B) Exception.--The prohibition in subparagraph (A) 
                shall not apply with respect to a unit of a security 
                force of a country if the President determines that the 
                government of the country is taking effective steps to 
                hold the unit accountable and prevent the unit from 
                engaging in trafficking and poaching.
            (5) Certification.--With respect to any assistance provided 
        pursuant to this subsection, the Secretary of State shall 
        certify to the Committee on Foreign Relations of the Senate and 
        the Committee on Foreign Affairs of the House of 
        Representatives that such assistance is necessary for the 
        purposes of combating wildlife trafficking.
            (6) Notification.--Consistent with the requirements of the 
        Arms Export Control Act (22 U.S.C. 2751 et seq.) and the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the 
        Secretary of State shall notify the appropriate congressional 
        committees regarding defense articles, defense services, and 
        related training provided under paragraph (1).

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 
sustainably, and reduce the threat of poaching and trafficking, 
including through--
            (1) promoting conservation-based enterprises and 
        incentives, such as eco-tourism and sustainable 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, 
        sustainable 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 sustainable 
        land use 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--TRANSITION OF OVERSEAS CONTINGENCY FUNDING TO BASE FUNDING

SEC. 501. SENSE OF CONGRESS ON FUNDING.

    It is the sense of Congress that the President and Congress should 
provide for an appropriate and responsible transition for funding 
designated for overseas contingency operations to traditional and 
regular annual appropriations, including emergency supplemental 
funding, as appropriate.

   TITLE VI--OTHER ACTIONS RELATING TO WILDLIFE TRAFFICKING PROGRAMS

SEC. 601. 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,''.
                                                       Calendar No. 459

114th CONGRESS

  2d Session

                               H. R. 2494

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 9, 2016

                       Reported with an amendment