[Congressional Record Volume 162, Number 83 (Wednesday, May 25, 2016)]
[Senate]
[Pages S3207-S3209]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4191. Mr. FLAKE (for himself and Mr. Coons) submitted an amendment
intended to be proposed by him to the bill S. 2943, to authorize
appropriations for fiscal year 2017 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle J--Elimination, Neutralization, and Disruption of Wildlife
Trafficking
SECTION 1099A. SHORT TITLE.
(a) Short Title.--This subtitle may be cited as the
``Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act
of 2016''.
SEC. 1099B. DEFINITIONS.
In this subtitle:
(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
1099I 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.
PART I--PURPOSES AND POLICY
SEC. 1099E. PURPOSES.
The purposes of this subtitle 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. 1099F. 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.
PART II--REPORT ON MAJOR WILDLIFE TRAFFICKING COUNTRIES
SEC. 1099I. 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
subtitle.
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(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
1099B(4)) .
(c) Sunset.--This section shall terminate on the date that
is 5 years after the date of the enactment of this Act.
PART III--FRAMEWORK FOR INTERAGENCY RESPONSE
SEC. 1099L. 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 1099I 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
1099I(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 subtitle; and
(5) coordinate or carry out other functions as are
necessary to implement this subtitle.
(b) Duplication and Efficiency.--The Task Force shall--
(1) ensure that the activities of the Federal agencies
involved in carrying out efforts under this subtitle 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
subtitle 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 subtitle, 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 1099I 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 subtitle 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.
PART IV--PROGRAMS TO ADDRESS THE ESCALATING WILDLIFE TRAFFICKING CRISIS
SEC. 1099O. 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 1099L(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. 1099P. 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 1099L(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
1099L(a)(2), among other goals, to better understand and
combat the transnational trade in illegal wildlife.
SEC. 1099Q. 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
1099L(a)(2), among other goals, for the country.
SEC. 1099R. 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
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other development partners, may provide support in focus
countries to carry out the recommendations made in the
strategic plan required under section 1099L(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.
PART V--TRANSITION OF OVERSEAS CONTINGENCY FUNDING TO BASE FUNDING
SEC. 1099U. 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.
PART VI--OTHER ACTIONS RELATING TO WILDLIFE TRAFFICKING PROGRAMS
SEC. 1099X. 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,''.
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