[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1769 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1769

 To amend the African Elephant Conservation Act to conserve elephants 
       while appropriately regulating ivory in the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2015

  Mr. Daines (for himself and Mr. Alexander) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the African Elephant Conservation Act to conserve elephants 
       while appropriately regulating ivory in the United States.

    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 ``African Elephant Conservation and 
Legal Ivory Possession Act of 2015''.

SEC. 2. LIMITED EXEMPTION FOR CERTAIN AFRICAN ELEPHANT IVORY.

    Section 2203 of the African Elephant Conservation Act (16 U.S.C. 
4223) is amended--
            (1) in the section heading by striking ``acts.'' and 
        inserting ``acts.
    ``(a) In General.--'';
            (2) in subsection (a) (as so designated), by inserting 
        ``subsection (b) and'' after ``in''; and
            (3) by adding at the end the following:
    ``(b) Exemption.--Nothing in this Act or subsection (a) or (d) of 
section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) 
prohibits the importation or exportation, or requires permission of the 
Secretary for the importation or exportation, of--
            ``(1) any raw ivory or worked ivory--
                    ``(A) imported solely to become part of a permanent 
                collection of a museum, return to a lending museum, or 
                display in a museum; or
                    ``(B) exported solely--
                            ``(i) to display in a foreign museum; or
                            ``(ii) to return to a foreign person who 
                        lent the ivory to a museum in the United 
                        States;
            ``(2) any raw ivory or worked ivory that was lawfully 
        importable into the United States on February 24, 2014, 
        regardless of the date on which the ivory was acquired; or
            ``(3) any worked ivory that was previously lawfully 
        possessed in the United States.''.

SEC. 3. TREATMENT OF ELEPHANT IVORY.

    Section 2203 of the African Elephant Conservation Act (16 U.S.C. 
4223) (as amended by section 2) is amended by adding at the end the 
following:
    ``(c) Treatment of Elephant Ivory.--Nothing in this Act or the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the African 
Elephant Conservation Act (16 U.S.C. 4201 et seq.)--
            ``(1) prohibits, or authorizes prohibiting, the purchase, 
        possession, sale, delivery, receipt, shipment, export or 
        import, or transportation of African elephant ivory, or any 
        product or antique containing African elephant ivory, that has 
        been lawfully imported or crafted in the United States; or
            ``(2) authorizes using any means of determining for 
        purposes of this Act or the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.) whether African elephant ivory or an 
        antique containing African elephant ivory has been lawfully 
        imported, exported, bought, sold, possessed, or transported, 
        including any presumption or burden of proof applied in such a 
        determination, other than the means used by the Secretary as of 
        February 24, 2014.''.

SEC. 4. SPORT-HUNTED ELEPHANT TROPHIES.

    Section 2203 of the African Elephant Conservation Act (16 U.S.C. 
4223) (as amended by section 3) is amended by adding at the end the 
following:
    ``(d) Sport-Hunted Elephant Trophies.--Nothing in this Act or 
subsection (a) or (d) of section 9 of the Endangered Species Act of 
1973 (16 U.S.C. 1538) prohibits any citizen or legal resident of the 
United States, or an agent of such an individual, from importing a 
sport-hunted African elephant trophy under section 2202(e), if the 
country in which the African elephant was taken had an elephant 
population on appendix II of CITES on the date on which the trophy 
elephant was taken.
    ``(e) Relationship to the Convention.--Nothing in this section 
modifies or repeals--
            ``(1) the duties of the Secretary to implement CITES and 
        the appendices of CITES; or
            ``(2) section 8A or 9(c) of the Endangered Species Act of 
        1973 (16 U.S.C. 1537a, 1538(c)).''.

SEC. 5. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW 
              ENFORCEMENT OFFICER IN EACH AFRICAN ELEPHANT RANGE 
              COUNTRY.

    Part I of the African Elephant Conservation Act (16 U.S.C. 4211 et 
seq.) is amended by adding at the end the following:

``SEC. 2105. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW 
              ENFORCEMENT OFFICER IN EACH AFRICAN ELEPHANT RANGE 
              COUNTRY.

    ``(a) In General.--The Secretary, in coordination with the 
Secretary of State, may station in each African country that has a 
significant population of African elephants one United States Fish and 
Wildlife Service law enforcement officer in the primary United States 
diplomatic or consular post.
    ``(b) Duties.--A United States Fish and Wildlife Service law 
enforcement officer stationed in an African elephant range country 
under subsection (a) shall--
            ``(1) assist local wildlife rangers in the protection of 
        African elephants; and
            ``(2) facilitate the apprehension of individuals who 
        illegally kill, or assist the illegal killing of, African 
        elephants.''.

SEC. 6. CERTIFICATION FOR PURPOSES OF THE FISHERMEN'S PROTECTIVE ACT OF 
              1967.

    Section 2202 of the African Elephant Conservation Act (16 U.S.C. 
4222) is amended by adding at the end the following:
    ``(g) Certification.--If the Secretary determines that a country, 
directly or indirectly, is a significant transit or destination point 
for illegal ivory trade, the Secretary shall certify that fact to the 
President with respect to the country for purposes of section 8(a) of 
the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).''.

SEC. 7. AFRICAN ELEPHANT CONSERVATION ACT FINANCIAL ASSISTANCE PRIORITY 
              AND REAUTHORIZATION.

    (a) Financial Assistance Priority.--Section 2101 of the African 
Elephant Conservation Act (16 U.S.C. 4211) is amended--
            (1) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
            (2) by inserting after subsection (d) the following:
    ``(e) Priority.--The Secretary shall, in providing financial 
assistance under this section, give priority to projects designed to 
facilitate the acquisition of equipment and training of wildlife 
officials in ivory producing countries to be used in anti-poaching 
efforts.''.
    (b) Reauthorization.--Section 2306(a) of the African Elephant 
Conservation Act (16 U.S.C. 4245(a)) is amended by striking ``2007 
through 2012'' and inserting ``2016 through 2020''.
                                 <all>