[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2494 Enrolled Bill (ENR)]
H.R.2494
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(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:

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e3fec61f24fdaa1c23e370cbbc7722310a0fb66ded9130719493ee5ecdda9e8d

TITLE V

-OTHER ACTIONS RELATING TO WILDLIFE TRAFFICKING PROGRAMS

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 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.

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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.

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TITLE I

-PURPOSES AND 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.

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(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.

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TITLE II

-REPORT ON MAJOR WILDLIFE TRAFFICKING COUNTRIES

(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.
CRISIS

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TITLE III

-FRAMEWORK FOR INTERAGENCY RESPONSE

(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 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.

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TITLE IV

-PROGRAMS TO ADDRESS THE ESCALATING WILDLIFE TRAFFICKING

(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.

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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.

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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.

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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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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;''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Global Anti-Poaching Act — HR. 2494

Other Sections

TITLE V

TITLE I

TITLE II

TITLE III

TITLE IV

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