[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3211 Reported in Senate (RS)]
<DOC>
Calendar No. 404
117th CONGRESS
2d Session
S. 3211
To continue the whole-of-government approach to ending global wildlife
poaching and trafficking by permanently reauthorizing the activities of
the Presidential Task Force on Wildlife Trafficking, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 15, 2021
Mr. Coons (for himself and Mr. Portman) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
June 14, 2022
Reported by Mr. Menendez, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To continue the whole-of-government approach to ending global wildlife
poaching and trafficking by permanently reauthorizing the activities of
the Presidential Task Force on Wildlife Trafficking, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Reauthorization and Improvements Act of
2021''.</DELETED>
<DELETED>SEC. 2. SENSE OF CONGRESS.</DELETED>
<DELETED> It is the sense of Congress that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> Section 2 of the Eliminate, Neutralize, and Disrupt
Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) is amended--
</DELETED>
<DELETED> (1) in paragraph (3), by inserting ``involving
local communities'' after ``approach to
conservation'';</DELETED>
<DELETED> (2) by amending paragraph to read as
follows:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the government has actively engaged
in, or knowingly profited from, the trafficking of
protected species; or</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (3) in paragraph (11), by striking ``section 201''
and inserting ``section 301''.</DELETED>
<DELETED>SEC. 4. FRAMEWORK FOR INTERAGENCY RESPONSE AND
REPORTING.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) by amending subsection (c) to read as
follows:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in paragraph (4), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) by redesignating paragraph (5) as paragraph
(10); and</DELETED>
<DELETED> (3) by inserting after paragraph (4) the
following:</DELETED>
<DELETED> ``(5) pursue programs--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) to enable local governments to
develop and use such technologies;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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); and</DELETED>
<DELETED> ``(B) include details about such procedure in the
next report required under section 201;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) set benchmarks for measuring the
effectiveness of such interventions; and</DELETED>
<DELETED> ``(C) consider alignment and coordination with
indicators developed by the Task Force;</DELETED>
<DELETED> ``(9) consider additional opportunities to
increase coordination between law enforcement and financial
institutions to identify trafficking activity; and''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in subsection (d)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by striking ``annually'' and inserting
``biennially'';</DELETED>
<DELETED> (B) in paragraph (4), by striking ``and''
at the end;</DELETED>
<DELETED> (C) in paragraph (5), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) by striking subsection (e).</DELETED>
<DELETED>SEC. 5. FUNDING SAFEGUARDS.</DELETED>
<DELETED> (a) Procedures for Obtaining Credible Information.--
Section 620M(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2378d(d)) is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (4), (5), (6), and
(7) as paragraphs (5), (6), (7), and (8), respectively;
and</DELETED>
<DELETED> (2) by inserting after paragraph (3) the
following:</DELETED>
<DELETED> ``(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;''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. ISSUANCE OF SUBPOENAS IN WILDLIFE TRAFFICKING CIVIL
PENALTY ENFORCEMENT ACTIONS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(7) Issuance of subpoenas.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) Refusal to obey subpoenas.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(e) Issuance of Subpoenas.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Refusal to obey subpoenas.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (c) Bald and Golden Eagle Protection Act.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) by striking ``(b) Whoever, within
the'' and inserting the following:</DELETED>
<DELETED> ``(b) Civil Penalties.--</DELETED>
<DELETED> ``(1) In general.--Whoever, within the'';
and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(2) Hearings; issuance of subpoenas.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Issuance of subpoenas.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(iii) Refusal to obey
subpoenas.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(d) Issuance of Subpoenas.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Refusal to obey subpoenas.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminate, Neutralize, and Disrupt
Wildlife Trafficking Reauthorization and Improvements Act of 2022''.
SEC. 2. 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. 3. 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. 4. 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;
(2) by redesignating paragraph (5) as paragraph (10); and
(3) by inserting after paragraph (4) the following:
``(5) pursue programs and develop a strategy--
``(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. 5. 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. 6. ISSUANCE OF SUBPOENAS IN WILDLIFE TRAFFICKING CIVIL PENALTY
ENFORCEMENT ACTIONS.
Section 3 of the Fish and Wildlife Improvement Act of 1978 (16
U.S.C. 742l) is amended by adding at the end the following:
``(l) Administrative Subpoena Authority.--
``(1) Endangered species act of 1973.--
``(A) In general.--Subject to subparagraphs (B)
through (D), the Secretary of the Interior, working
through the U.S. Fish and Wildlife Service, is
authorized to issue subpoenas when enforcing the
Endangered Species Act of 1973 (16 U.S.C. 1540).
``(B) Matters covered.--In carrying out 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 Endangered
Species Act of 1973 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 of the Interior
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.
``(C) Fees and mileage reimbursement for
witnesses.--A witness summoned under subparagraph (B)
shall be paid the same fees and mileage reimbursement
rate that are paid to witnesses in the courts of the
United States.
``(D) 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 of the Interior,
to appear and produce documents before the
Secretary of the Interior, or both.
``(ii) Failure to obey.--Any failure to
obey an order issued by a court under this
paragraph may be punished by that court as a
contempt of that court.
``(2) Lacey act of 1900.--
``(A) In general.--Subject to subparagraphs (B)
through (D), the Secretary of the Interior, working
through the U.S. Fish and Wildlife Service, is
authorized to issue subpoenas when enforcing the Lacey
Act of 1900 (16 U.S.C. 3371 et seq.).
``(B) Matters covered.--In carrying out 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 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 of the Interior 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.
``(C) Fees and mileage reimbursement for
witnesses.--A witness summoned under subparagraph (B)
shall be paid the same fees and mileage reimbursement
that are paid to witnesses in the courts of the United
States.
``(D) 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 of the Interior,
to appear and produce documents before the
Secretary of the Interior, or both.
``(ii) Failure to obey.--Any failure to
obey an order issued by a court pursuant to
this paragraph may be punished by that court as
a contempt of that court.
``(3) Bald and golden eagle protection act.--
``(A) In general.--Subject to subparagraphs (B)
through (D), the Secretary of the Interior, working
through the U.S. Fish and Wildlife Service, is
authorized to issue subpoenas when enforcing the Act of
June 8, 1940 (16 U.S.C. 668 et seq.) (commonly known as
the `Bald and Golden Eagle Protection Act').
``(B) Matters covered.--In carrying out any
inspection or investigation relating to the import into
or the export from the United States of any bald or
golden eagles covered under the Act of June 8, 1940 (16
U.S.C. 668 et seq.), or any parts, nests, or eggs of
any such bald or golden eagles, and for purposes of any
hearing held during proceedings for the assessment of
civil penalties under subsection (b) of the first
section of such Act (16 U.S.C. 668(b)), the Secretary
of the Interior may issue subpoenas for the attendance
and testimony of witnesses and the production of
papers, books, and or other records relevant to the
subject matter under investigation, and may administer
oaths.
``(C) Fees and mileage reimbursement for
witnesses.--A witness summoned pursuant to subparagraph
(B) shall be paid the same fees and mileage
reimbursement that are paid to witnesses in the courts
of the United States.
``(D) 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 of the Interior,
to appear and produce documents before the
Secretary of the Interior, or both.
``(ii) Failure to obey.--Any failure to
obey an order issued by a court under this
paragraph may be punished by that court as a
contempt of that court.''.
Calendar No. 404
117th CONGRESS
2d Session
S. 3211
_______________________________________________________________________
A BILL
To continue the whole-of-government approach to ending global wildlife
poaching and trafficking by permanently reauthorizing the activities of
the Presidential Task Force on Wildlife Trafficking, and for other
purposes.
_______________________________________________________________________
June 14, 2022
Reported with an amendment