[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3211 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3211

To continue the whole-of-government approach to ending global wildlife 
poaching and trafficking by permanently reauthorizing the activities of 
  the Presidential Task Force on Wildlife Trafficking, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2021

Mr. Coons (for himself and Mr. Portman) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To continue the whole-of-government approach to ending global wildlife 
poaching and trafficking by permanently reauthorizing the activities of 
  the Presidential Task Force on Wildlife Trafficking, 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 ``Eliminate, Neutralize, and Disrupt 
Wildlife Trafficking Reauthorization and Improvements Act of 2021''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States Government should continue to work 
        with international partners, including nations, nongovernmental 
        organizations, and the private sector, to identify long-
        standing and emerging areas of concern in wildlife poaching and 
        trafficking related to global supply and demand; and
            (2) the activities and required reporting of the 
        Presidential Task Force on Wildlife Trafficking, established by 
        Executive Order 13648 (78 Fed. Reg. 40621), and modified by 
        sections 201 and 301 of the Eliminate, Neutralize, and Disrupt 
        Wildlife Trafficking Act of 2016 (16 U.S.C. 7621 and 7631) 
        should be reauthorized to minimize the disruption of the work 
        of such Task Force.

SEC. 3. DEFINITIONS.

    Section 2 of the Eliminate, Neutralize, and Disrupt Wildlife 
Trafficking Act of 2016 (16 U.S.C. 7601) is amended--
            (1) in paragraph (3), by inserting ``involving local 
        communities'' after ``approach to conservation'';
            (2) by amending paragraph to read as follows:
            ``(4) Country of concern.--The term `country of concern' 
        means a foreign country specially designated by the Secretary 
        of State pursuant to section 201(b) 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--
                    ``(A) the government has actively engaged in, or 
                knowingly profited from, the trafficking of protected 
                species; or
                    ``(B) the government facilitates such trafficking 
                through conduct that may include a persistent failure 
                to make serious and sustained efforts to prevent and 
                prosecute such trafficking.''; and
            (3) in paragraph (11), by striking ``section 201'' and 
        inserting ``section 301''.

SEC. 4. FRAMEWORK FOR INTERAGENCY RESPONSE AND REPORTING.

    (a) Reauthorization of Report on Major Wildlife Trafficking 
Countries.--Section 201 of the Eliminate, Neutralize, and Disrupt 
Wildlife Trafficking Act of 2016 (16 U.S.C. 7621) is amended--
            (1) in subsection (a), by striking ``annually thereafter'' 
        and inserting ``biennially thereafter by June 1 of each year in 
        which a report is required''; and
            (2) by amending subsection (c) to read as follows:
    ``(c) Designation.--A country may be designated as a country of 
concern under subsection (b) regardless of such country's status as a 
focus country.''.
    (b) Presidential Task Force on Wildlife Trafficking 
Responsibilities.--Section 301(a) of the Eliminate, Neutralize, and 
Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631(a)) is 
amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) by redesignating paragraph (5) as paragraph (10); and
            (3) by inserting after paragraph (4) the following:
            ``(5) pursue programs--
                    ``(A) to expand the role of technology for anti-
                poaching and anti-trafficking efforts, in partnership 
                with the private sector, foreign governments, academia, 
                and nongovernmental organizations (including technology 
                companies and the transportation and logistics 
                sectors); and
                    ``(B) to enable local governments to develop and 
                use such technologies;
            ``(6) consider programs and initiatives that address the 
        expansion of the illegal wildlife trade to digital platforms, 
        including the use of digital currency and payment platforms for 
        transactions by collaborating with the private sector, 
        academia, and nongovernmental organizations, including social 
        media, e-commerce, and search engine companies, as appropriate;
            ``(7)(A) establish and publish a procedure for removing 
        from the list in the biennial report any country of concern 
        that no longer meets the definition of country of concern under 
        section 2(4); and
            ``(B) include details about such procedure in the next 
        report required under section 201;
            ``(8)(A) implement interventions to address the drivers of 
        poaching, trafficking, and demand for illegal wildlife and 
        wildlife products in focus countries and countries of concern;
            ``(B) set benchmarks for measuring the effectiveness of 
        such interventions; and
            ``(C) consider alignment and coordination with indicators 
        developed by the Task Force;
            ``(9) consider additional opportunities to increase 
        coordination between law enforcement and financial institutions 
        to identify trafficking activity; and''.
    (c) Presidential Task Force on Wildlife Trafficking Strategic 
Review.--Section 301 of the Eliminate, Neutralize, and Disrupt Wildlife 
Trafficking Act of 2016 (16 U.S.C. 7631), as amended by subsection (b), 
is further amended--
            (1) in subsection (d)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``annually'' and inserting ``biennially'';
                    (B) in paragraph (4), by striking ``and'' at the 
                end;
                    (C) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(6) an analysis of the indicators developed by the Task 
        Force, and recommended by the Government Accountability Office, 
        to track and measure inputs, outputs, law enforcement outcomes, 
        and the market for wildlife products for each focus country 
        listed in the report, including baseline measures, as 
        appropriate, for each indicator in each focus country to 
        determine the effectiveness and appropriateness of such 
        indicators to assess progress and whether additional or 
        separate indicators, or adjustments to indicators, may be 
        necessary for focus countries.''; and
            (2) by striking subsection (e).

SEC. 5. FUNDING SAFEGUARDS.

    (a) Procedures for Obtaining Credible Information.--Section 620M(d) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d(d)) is amended--
            (1) by redesignating paragraphs (4), (5), (6), and (7) as 
        paragraphs (5), (6), (7), and (8), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) routinely request and obtain such information from 
        the United States Agency for International Development, the 
        United States Fish and Wildlife Service, and other relevant 
        Federal agencies that partner with international 
        nongovernmental conservation groups;''.
    (b) Required Implementation.--The Secretary of State shall 
implement the procedures established pursuant to section 620M(d) of the 
Foreign Assistance Act of 1961, as amended by subsection (a), including 
vetting individuals and units, whenever the United States Agency for 
International Development, the United States Fish and Wildlife Service, 
or any other relevant Federal agency that partners with international 
nongovernmental conservation groups provides assistance to any unit of 
the security forces of a foreign country.

SEC. 6. ISSUANCE OF SUBPOENAS IN WILDLIFE TRAFFICKING CIVIL PENALTY 
              ENFORCEMENT ACTIONS.

    (a) Endangered Species Act of 1973.--Section 11(e) of the 
Endangered Species Act of 1973 (16 U.S.C. 1540(e)) is amended by adding 
at the end the following:
            ``(7) Issuance of subpoenas.--
                    ``(A) In general.--For the purposes of any 
                inspection or investigation relating to the import 
                into, or the export from, the United States of any fish 
                or wildlife or plants covered under this Act or 
                relating to the delivery, receipt, carrying, transport, 
                shipment, sale, or offer for sale in interstate or 
                foreign commerce of any such fish or wildlife or plants 
                imported into or exported from the United States, the 
                Secretary, may issue subpoenas for the attendance and 
                testimony of witnesses and the production of any 
                papers, books, or other records relevant to the subject 
                matter under investigation.
                    ``(B) Fees and mileage for witnesses.--A witness 
                summoned under subparagraph (A) shall be paid the same 
                fees and mileage that are paid to witnesses in the 
                courts of the United States.
                    ``(C) Refusal to obey subpoenas.--
                            ``(i) In general.--In the case of a 
                        contumacy or refusal to obey a subpoena served 
                        on any person pursuant to this paragraph, the 
                        district court of the United States for any 
                        judicial district in which the person is found, 
                        resides, or transacts business, on application 
                        by the United States and after notice to that 
                        person, shall have jurisdiction to issue an 
                        order requiring that person to appear and give 
                        testimony before the Secretary, to appear and 
                        produce documents before the Secretary, or 
                        both.
                            ``(ii) Failure to obey.--Any failure to 
                        obey an order issued by a court under clause 
                        (i) may be punished by that court as a contempt 
                        of that court.''.
    (b) Lacey Act Amendments of 1981.--Section 6 of the Lacey Act 
Amendments of 1981 (16 U.S.C. 3375) is amended by adding at the end the 
following:
    ``(e) Issuance of Subpoenas.--
            ``(1) In general.--For the purposes of any inspection or 
        investigation relating to the import into, or the export from, 
        the United States of any fish or wildlife or plants covered 
        under the Lacey Act of 1900 (16 U.S.C. 3371 et seq.) or 
        relating to the transport, sale, receipt, acquisition, or 
        purchase in interstate or foreign commerce of any such fish or 
        wildlife or plants imported into or exported from the United 
        States, the Secretary may issue subpoenas for the attendance 
        and testimony of witnesses and the production of any papers, 
        books, or other records relevant to the subject matter under 
        investigation.
            ``(2) Fees and mileage for witnesses.--A witness summoned 
        under paragraph (1) shall be paid the same fees and mileage 
        that are paid to witnesses in the courts of the United States.
            ``(3) Refusal to obey subpoenas.--
                    ``(A) In general.--In the case of a contumacy or 
                refusal to obey a subpoena served on any person 
                pursuant to this subsection, the district court of the 
                United States for any judicial district in which the 
                person is found, resides, or transacts business, on 
                application by the United States and after notice to 
                that person, shall have jurisdiction to issue an order 
                requiring that person to appear and give testimony 
                before the Secretary, to appear and produce documents 
                before the Secretary, or both.
                    ``(B) Failure to obey.--Any failure to obey an 
                order issued by a court under subparagraph (A) may be 
                punished by that court as a contempt of that court.''.
    (c) Bald and Golden Eagle Protection Act.--
            (1) Civil penalties.--Subsection (b) of the first section 
        of the Act of June 8, 1940 (16 U.S.C. 668(b)) (commonly known 
        as the ``Bald and Golden Eagle Protection Act''), is amended--
                    (A) by striking ``(b) Whoever, within the'' and 
                inserting the following:
    ``(b) Civil Penalties.--
            ``(1) In general.--Whoever, within the''; and
                    (B) by adding at the end the following:
            ``(2) Hearings; issuance of subpoenas.--
                    ``(A) Hearings.--Hearings held during proceedings 
                for the assessment of civil penalties under paragraph 
                (1) shall be conducted in accordance with section 554 
                of title 5, United States Code.
                    ``(B) Issuance of subpoenas.--
                            ``(i) In general.--For purposes of any 
                        hearing held during proceedings for the 
                        assessment of civil penalties under paragraph 
                        (1), the Secretary may issue subpoenas for the 
                        attendance and testimony of witnesses and the 
                        production of relevant papers, books, and 
                        documents, and may administer oaths.
                            ``(ii) Fees and mileage for witnesses.--A 
                        witness summoned pursuant to clause (i) shall 
                        be paid the same fees and mileage that are paid 
                        to witnesses in the courts of the United 
                        States.
                            ``(iii) Refusal to obey subpoenas.--
                                    ``(I) In general.--In the case of a 
                                contumacy or refusal to obey a subpoena 
                                served on any person pursuant to this 
                                subparagraph, the district court of the 
                                United States for any judicial district 
                                in which the person is found, resides, 
                                or transacts business, on application 
                                by the United States and after notice 
                                to that person, shall have jurisdiction 
                                to issue an order requiring that person 
                                to appear and give testimony before the 
                                Secretary, to appear and produce 
                                documents before the Secretary, or 
                                both.
                                    ``(II) Failure to obey.--Any 
                                failure to obey an order issued by a 
                                court under subclause (I) may be 
                                punished by that court as a contempt of 
                                that court.''.
            (2) Investigatory subpoenas.--Section 3 of the Act of June 
        8, 1940 (16 U.S.C. 668b) (commonly known as the ``Bald and 
        Golden Eagle Protection Act''), is amended by adding at the end 
        the following:
    ``(d) Issuance of Subpoenas.--
            ``(1) In general.--For the purposes of any inspection or 
        investigation relating to the import into or the export from 
        the United States of any bald or golden eagles covered under 
        this Act, or any parts, nests, or eggs of any such bald or 
        golden eagles, the Secretary may issue subpoenas for the 
        attendance and testimony of witnesses and the production of any 
        papers, books, or other records relevant to the subject matter 
        under investigation.
            ``(2) Fees and mileage for witnesses.--A witness summoned 
        under paragraph (1) shall be paid the same fees and mileage 
        that are paid to witnesses in the courts of the United States.
            ``(3) Refusal to obey subpoenas.--
                    ``(A) In general.--In the case of a contumacy or 
                refusal to obey a subpoena served on any person 
                pursuant to this subsection, the district court of the 
                United States for any judicial district in which the 
                person is found, resides, or transacts business, on 
                application by the United States and after notice to 
                that person, shall have jurisdiction to issue an order 
                requiring that person to appear and give testimony 
                before the Secretary, to appear and produce documents 
                before the Secretary, or both.
                    ``(B) Failure to obey.--Any failure to obey an 
                order issued by a court under subparagraph (A) may be 
                punished by that court as a contempt of that court.''.
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