[Congressional Record Volume 162, Number 143 (Wednesday, September 21, 2016)]
[House]
[Pages H5741-H5743]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        GLOBAL ANTI-POACHING ACT

  Mr. ROYCE. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 2494) 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, with the Senate amendment thereto, and concur 
in the Senate amendment.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The Clerk will report the Senate amendment.
  The Clerk read as follows:
  Senate amendment:

       Strike all after the enacting clause and insert the 
     following:

     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--OTHER ACTIONS RELATING TO WILDLIFE TRAFFICKING PROGRAMS

Sec. 501. Amendments to Fisherman's Protective Act of 1967.
Sec. 502. Wildlife trafficking violations as predicate offenses under 
              money laundering statute.

     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 manage, or benefit 
     directly and indirectly from wildlife and other natural 
     resources in a long-term biologically viable manner and 
     includes--
       (A) devolving management and governance to local 
     communities to create positive conditions for resource use 
     that takes into account current and future ecological 
     requirements; 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

[[Page H5742]]

     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 of concern listed in the report 
     the government of which has actively engaged in or knowingly 
     profited from the trafficking of endangered or threatened 
     species.
       (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

[[Page H5743]]

     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) Sense of Congress Regarding Security Assistance To 
     Counter Wildlife Trafficking and Poaching in Africa.--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.

     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 in a long-
     term biologically viable manner, and reduce the threat of 
     poaching and trafficking, including through--
       (1) promoting conservation-based enterprises and 
     incentives, such as eco-tourism and stewardship-oriented 
     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, 
     responsible 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 land use 
     stewardship 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--OTHER ACTIONS RELATING TO WILDLIFE TRAFFICKING PROGRAMS

     SEC. 501. 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,''.

     SEC. 502. WILDLIFE TRAFFICKING VIOLATIONS AS PREDICATE 
                   OFFENSES UNDER MONEY LAUNDERING STATUTE.

       Section 1956(c)(7) of title 18, United States Code, is 
     amended--
       (1) in subparagraph (E), by striking ``; or'' and inserting 
     a semicolon;
       (2) in subparagraph (F), by striking the semicolon and 
     inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(G) any act that is a criminal violation of subparagraph 
     (A), (B), (C), (D), (E), or (F) of paragraph (1) of section 
     9(a) 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 of fish or 
     wildlife, products, items, or substances involved in the 
     violation and relevant conduct, as applicable, have a total 
     value of more than $10,000;''.

  Mr. ROYCE (during the reading). Mr. Speaker, I ask unanimous consent 
to dispense with the reading of the amendment.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from California?
  There was no objection.
  A motion to reconsider was laid on the table.

                          ____________________