[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.''.
                                 ______