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

<DOC>





                                                       Calendar No. 404
117th CONGRESS
  2d 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

                             June 14, 2022

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

_______________________________________________________________________

                                 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,

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

<DELETED>    This Act may be cited as the ``Eliminate, Neutralize, and 
Disrupt Wildlife Trafficking Reauthorization and Improvements Act of 
2021''.</DELETED>

<DELETED>SEC. 2. SENSE OF CONGRESS.</DELETED>

<DELETED>    It is the sense of Congress that--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    Section 2 of the Eliminate, Neutralize, and Disrupt 
Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) is amended--
</DELETED>
        <DELETED>    (1) in paragraph (3), by inserting ``involving 
        local communities'' after ``approach to 
        conservation'';</DELETED>
        <DELETED>    (2) by amending paragraph to read as 
        follows:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the government has actively engaged 
                in, or knowingly profited from, the trafficking of 
                protected species; or</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (3) in paragraph (11), by striking ``section 201'' 
        and inserting ``section 301''.</DELETED>

<DELETED>SEC. 4. FRAMEWORK FOR INTERAGENCY RESPONSE AND 
              REPORTING.</DELETED>

<DELETED>    (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--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) by amending subsection (c) to read as 
        follows:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in paragraph (4), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) by redesignating paragraph (5) as paragraph 
        (10); and</DELETED>
        <DELETED>    (3) by inserting after paragraph (4) the 
        following:</DELETED>
        <DELETED>    ``(5) pursue programs--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) to enable local governments to 
                develop and use such technologies;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(B) include details about such procedure in the 
        next report required under section 201;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(B) set benchmarks for measuring the 
        effectiveness of such interventions; and</DELETED>
        <DELETED>    ``(C) consider alignment and coordination with 
        indicators developed by the Task Force;</DELETED>
        <DELETED>    ``(9) consider additional opportunities to 
        increase coordination between law enforcement and financial 
        institutions to identify trafficking activity; and''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in subsection (d)--</DELETED>
                <DELETED>    (A) in the matter preceding paragraph (1), 
                by striking ``annually'' and inserting 
                ``biennially'';</DELETED>
                <DELETED>    (B) in paragraph (4), by striking ``and'' 
                at the end;</DELETED>
                <DELETED>    (C) in paragraph (5), by striking the 
                period at the end and inserting ``; and''; 
                and</DELETED>
                <DELETED>    (D) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (2) by striking subsection (e).</DELETED>

<DELETED>SEC. 5. FUNDING SAFEGUARDS.</DELETED>

<DELETED>    (a) Procedures for Obtaining Credible Information.--
Section 620M(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2378d(d)) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (4), (5), (6), and 
        (7) as paragraphs (5), (6), (7), and (8), respectively; 
        and</DELETED>
        <DELETED>    (2) by inserting after paragraph (3) the 
        following:</DELETED>
        <DELETED>    ``(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;''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 6. ISSUANCE OF SUBPOENAS IN WILDLIFE TRAFFICKING CIVIL 
              PENALTY ENFORCEMENT ACTIONS.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    ``(7) Issuance of subpoenas.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Refusal to obey subpoenas.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(e) Issuance of Subpoenas.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Refusal to obey subpoenas.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Bald and Golden Eagle Protection Act.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) by striking ``(b) Whoever, within 
                the'' and inserting the following:</DELETED>
<DELETED>    ``(b) Civil Penalties.--</DELETED>
        <DELETED>    ``(1) In general.--Whoever, within the''; 
        and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(2) Hearings; issuance of subpoenas.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Issuance of subpoenas.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iii) Refusal to obey 
                        subpoenas.--</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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:</DELETED>
<DELETED>    ``(d) Issuance of Subpoenas.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Refusal to obey subpoenas.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eliminate, Neutralize, and Disrupt 
Wildlife Trafficking Reauthorization and Improvements Act of 2022''.

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 and develop a strategy--
                    ``(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);
            ``(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.

    Section 3 of the Fish and Wildlife Improvement Act of 1978 (16 
U.S.C. 742l) is amended by adding at the end the following:
    ``(l) Administrative Subpoena Authority.--
            ``(1) Endangered species act of 1973.--
                    ``(A) In general.--Subject to subparagraphs (B) 
                through (D), the Secretary of the Interior, working 
                through the U.S. Fish and Wildlife Service, is 
                authorized to issue subpoenas when enforcing the 
                Endangered Species Act of 1973 (16 U.S.C. 1540).
                    ``(B) Matters covered.--In carrying out 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 Endangered 
                Species Act of 1973 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 of the Interior 
                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.
                    ``(C) Fees and mileage reimbursement for 
                witnesses.--A witness summoned under subparagraph (B) 
                shall be paid the same fees and mileage reimbursement 
                rate that are paid to witnesses in the courts of the 
                United States.
                    ``(D) 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 of the Interior, 
                        to appear and produce documents before the 
                        Secretary of the Interior, or both.
                            ``(ii) Failure to obey.--Any failure to 
                        obey an order issued by a court under this 
                        paragraph may be punished by that court as a 
                        contempt of that court.
            ``(2) Lacey act of 1900.--
                    ``(A) In general.--Subject to subparagraphs (B) 
                through (D), the Secretary of the Interior, working 
                through the U.S. Fish and Wildlife Service, is 
                authorized to issue subpoenas when enforcing the Lacey 
                Act of 1900 (16 U.S.C. 3371 et seq.).
                    ``(B) Matters covered.--In carrying out 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 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 of the Interior 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.
                    ``(C) Fees and mileage reimbursement for 
                witnesses.--A witness summoned under subparagraph (B) 
                shall be paid the same fees and mileage reimbursement 
                that are paid to witnesses in the courts of the United 
                States.
                    ``(D) 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 of the Interior, 
                        to appear and produce documents before the 
                        Secretary of the Interior, or both.
                            ``(ii) Failure to obey.--Any failure to 
                        obey an order issued by a court pursuant to 
                        this paragraph may be punished by that court as 
                        a contempt of that court.
            ``(3) Bald and golden eagle protection act.--
                    ``(A) In general.--Subject to subparagraphs (B) 
                through (D), the Secretary of the Interior, working 
                through the U.S. Fish and Wildlife Service, is 
                authorized to issue subpoenas when enforcing the Act of 
                June 8, 1940 (16 U.S.C. 668 et seq.) (commonly known as 
                the `Bald and Golden Eagle Protection Act').
                    ``(B) Matters covered.--In carrying out any 
                inspection or investigation relating to the import into 
                or the export from the United States of any bald or 
                golden eagles covered under the Act of June 8, 1940 (16 
                U.S.C. 668 et seq.), or any parts, nests, or eggs of 
                any such bald or golden eagles, and for purposes of any 
                hearing held during proceedings for the assessment of 
                civil penalties under subsection (b) of the first 
                section of such Act (16 U.S.C. 668(b)), the Secretary 
                of the Interior may issue subpoenas for the attendance 
                and testimony of witnesses and the production of 
                papers, books, and or other records relevant to the 
                subject matter under investigation, and may administer 
                oaths.
                    ``(C) Fees and mileage reimbursement for 
                witnesses.--A witness summoned pursuant to subparagraph 
                (B) shall be paid the same fees and mileage 
                reimbursement that are paid to witnesses in the courts 
                of the United States.
                    ``(D) 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 of the Interior, 
                        to appear and produce documents before the 
                        Secretary of the Interior, or both.
                            ``(ii) Failure to obey.--Any failure to 
                        obey an order issued by a court under this 
                        paragraph may be punished by that court as a 
                        contempt of that court.''.
                                                       Calendar No. 404

117th CONGRESS

  2d Session

                                S. 3211

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             June 14, 2022

                       Reported with an amendment