[Congressional Record Volume 167, Number 198 (Monday, November 15, 2021)]
[Senate]
[Pages S8115-S8117]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4605. Mr. COONS (for himself and Mr. Portman) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 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 XII, add the following:
Subtitle H--Ending Wildlife Trafficking
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Eliminate, Neutralize,
and Disrupt Wildlife Trafficking Reauthorization and
Improvements Act of 2021''.
SEC. 1292. 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. 1293. 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. 1294. 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;
[[Page S8116]]
(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);
``(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. 1295. 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. 1296. 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,
[[Page S8117]]
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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