Eliminate, Neutralize, and Disrupt Wildlife Trafficking Reauthorization and Improvements Act of 2021
This bill permanently reauthorizes the Presidential Task Force on Wildlife Trafficking, expands the responsibilities of the task force, and sets forth other provisions to eliminate wildlife poaching and illegal wildlife trade.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5996 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5996
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 HOUSE OF REPRESENTATIVES
November 17, 2021
Mr. Fortenberry (for himself and Ms. Meng) introduced the following
bill; which was referred to the Committee on Natural Resources, and in
addition to the Committee on Foreign Affairs, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminate, Neutralize, and Disrupt
Wildlife Trafficking Reauthorization and Improvements Act of 2021''.
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--
``(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.
(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, 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.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Water, Oceans, and Wildlife.
ASSUMING FIRST SPONSORSHIP - Mr. Carter (GA) asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 5996, a bill originally introduced by Representative Fortenberry, for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.
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