[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
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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;
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(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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