Text: H.R.2494 — 114th Congress (2015-2016)All Bill Information (Except Text)

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Public Law No: 114-231 (10/07/2016)

 
[114th Congress Public Law 231]
[From the U.S. Government Publishing Office]



[[Page 130 STAT. 949]]

Public Law 114-231
114th Congress

                                 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. <<NOTE: Oct. 7, 
                         2016 -  [H.R. 2494]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Eliminate, 
Neutralize, and Disrupt Wildlife Trafficking Act of 2016.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 16 USC 7601 note.>>  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. <<NOTE: 16 USC 7601.>>  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

[[Page 130 STAT. 950]]

        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.

[[Page 130 STAT. 951]]

                      TITLE I--PURPOSES AND POLICY

SEC. 101. <<NOTE: 16 USC 7611.>> 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. <<NOTE: 16 USC 7612.>>  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

[[Page 130 STAT. 952]]

        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. <<NOTE: Consultation. 16 USC 7621.>>  REPORT.

    (a) <<NOTE: Determination.>>  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) <<NOTE: Termination date.>>  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. <<NOTE: 16 USC 7631.>>  PRESIDENTIAL TASK FORCE ON 
                        WILDLIFE TRAFFICKING.

    (a) <<NOTE: Deadlines.>>  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) <<NOTE: Collaboration. Assessment.>>  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) <<NOTE: Collaboration. Strategic plan. Recommenda- 
        tions.>>  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

[[Page 130 STAT. 953]]

        account any regional or national strategies for addressing 
        wildlife trafficking in a focus country developed before the 
        preparation of such assessment;
            (3) <<NOTE: Coordination.>>  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) <<NOTE: Consultation. Coordination.>>  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) <<NOTE: Coordination.>>  coordinate or carry out other 
        functions as are necessary to implement this Act.

    (b) <<NOTE: Coordination.>>  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) <<NOTE: Deadlines. Assessment.>>  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;

[[Page 130 STAT. 954]]

            (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) <<NOTE: Recommenda- tions.>>  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. <<NOTE: 16 USC 7641.>>  401. ANTI-POACHING PROGRAMS.

    (a) Wildlife Law Enforcement Professional Training and Coordination 
Activities. <<NOTE: Collaboration.>> --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.
SEC. <<NOTE: Collaboration. 16 USC 7642.>>  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

[[Page 130 STAT. 955]]

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. <<NOTE: Deadline. 16 USC 7643.>>  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. <<NOTE: 16 USC 7644.>>  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.

[[Page 130 STAT. 956]]

    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) <<NOTE: Reports. Certification. Deadline.>>  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

[[Page 130 STAT. 957]]

                violation and relevant conduct, as applicable, have a 
                total value of more than $10,000;''.

    Approved October 7, 2016.

LEGISLATIVE HISTORY--H.R. 2494:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 161 (2015):
                                    Nov. 2, considered and passed House.
                                                        Vol. 162 (2016):
                                    Sept. 15, considered and passed 
                                        Senate, amended.
                                    Sept. 21, House concurred in Senate 
                                        amendment.

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