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H.R. 2494 (114th): Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016

The text of the bill below is as of May 9, 2016 (Reported by Senate Committee).


II

Calendar No. 459

114th CONGRESS

2d Session

H. R. 2494

IN THE SENATE OF THE UNITED STATES

November 3, 2015

Received; read twice and referred to the Committee on Foreign Relations

May 9, 2016

Reported by , with an amendment

Strike out all after the enacting clause and insert the part printed in italic

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.

1.

Short title

This Act may be cited as the Global Anti-Poaching Act.

2.

Findings

Congress finds the following:

(1)

Poaching and the illicit trade in endangered and threatened wildlife are among the most lucrative criminal activities worldwide, worth an estimated $7 to $10 billion annually.

(2)

Poaching and wildlife trafficking have escalated in scale, sophistication and violence, risking the potential extinction of some of the world’s most iconic species.

(3)

Wildlife poaching and trafficking threaten elephants, rhinoceros, and tigers greatly, but also have devastating impact on a number of other species, including sharks, great apes, and turtles.

(4)

The high demand for rare wildlife products has driven prices to historically high levels.

(5)

Much of the demand for wildlife products comes from Asia and is fueled by the perceived medicinal value and social status associated with these products.

(6)

Reporting indicates that a number of rebel groups and terrorist organizations, including Sudan’s Janjaweed militia, the Lord’s Resistance Army, the Seleka rebel movement in the Central African Republic, and Somalia’s al-Shabaab, either participate in or draw funding from illicit wildlife trafficking networks.

(7)

Analyses suggest the high demand for illegal wildlife products, combined with weak law enforcement and security measures and corruption and governance failures, has led to the increased involvement of transnational organized crime in wildlife trafficking.

(8)

The United Nations Security Council has authorized multilateral sanctions against individuals and entities supporting armed groups through the illicit trade in wildlife, in addition to other natural resources, in the Democratic Republic of Congo and the Central African Republic.

(9)

A National Intelligence Council analysis of wildlife poaching threats found that certain African government officials facilitated the movement of wildlife products, and that these governments’ ability to reduce poaching and trafficking was hindered by corruption and weak rule of law.

(10)

On November 13, 2013, the Secretary of State announced the first reward under the Transnational Organized Crime Rewards Program for information leading to the dismantling of the Xaysavang Network, a large wildlife trafficking syndicate that is based in Laos and spans Africa and Asia.

3.

Expansion of wildlife enforcement networks

(a)

Findings

Congress finds the following:

(1)

Wildlife enforcement networks are government-led, regionally-focused mechanisms that increase capacity and coordination efforts between law enforcement, environmental agencies, and other entities focused on countering wildlife trafficking of member countries.

(2)

Currently there are active wildlife enforcement networks in Southeast Asia, South Asia, and Central America. The more mature wildlife enforcement networks, such as the Southeast Asia wildlife enforcement network, have proven effective in dismantling transnational wildlife trafficking networks and bringing to justice those individuals involved in the illegal trade of endangered and threatened species.

(3)

Efforts are underway to establish additional wildlife enforcement networks in Central Africa, the Horn of Africa, South America, and Central and West Asia, among other regions.

(b)

Statement of policy

The Secretary of State, the Administrator of the United States Agency for International Development, the Director of the United States Fish and Wildlife Service, and heads of other appropriate agencies should, in an effort to address regional threats to biodiversity and conservation, support strengthening existing wildlife enforcement networks and the establishment of new networks in other appropriate regions.

(c)

Sense of Congress

It is the sense of Congress that in the process of strengthening and expanding wildlife enforcement networks, the appropriate agencies should—

(1)

assess the existing capacity of wildlife enforcement network member countries to gather baseline data that may be used for developing program activities for the wildlife enforcement network;

(2)

establish a central secretariat within each wildlife enforcement network that will coordinate the operational mechanisms of each such network;

(3)

establish a focal mechanism in each member country of a wildlife enforcement network, that includes representatives from environmental and wildlife protection agencies, law enforcement agencies, financial intelligence units, customs and border protection agencies, and the judiciary system, that will serve as a conduit to the larger wildlife enforcement network and the central secretariat;

(4)

strengthen cooperation and the capacity of law enforcement agencies of the wildlife enforcement network;

(5)

facilitate the sharing of intelligence and relevant case information within the agencies of a wildlife enforcement network;

(6)

support the cooperation and coordination between different regional wildlife enforcement networks;

(7)

incorporate and utilize expertise from international bodies and civil society organizations that have appropriate subject matter expertise;

(8)

eventually create an institutionalized, sustainable, and self-sufficient platform; and

(9)

recognize that lawful, well regulated hunting can contribute to sustainability and economic development, and that enforcement policies should not discourage or impede this activity.

4.

Supporting the professionalization of the wildlife law enforcement sector

The Secretary of State, the Administrator of the United States Agency for International Development, the Director of the United States Fish and Wildlife Service, and heads of other appropriate agencies, including the National Park Service and the United States Forest Service, should, in an effort to address local and regional threats to biodiversity and conservation and support the rule of law and good governance, promote the professionalization of the wildlife law enforcement sector and professional ranger training in partner countries through support and technical assistance for the following:

(1)

The creation and adoption of standards for professional ranger training and qualifications, including in relevant international fora and multilateral agreements.

(2)

Training and accreditation systems based on the standards described in paragraph (1) that produce professionally trained and qualified rangers and promote the overall professionalization of ranger forces, whether through existing United States institutions, such as International Law Enforcement Academies, or through partnerships with national or regional training institutions.

(3)

Legal reforms, where necessary, to provide rangers with authority to detain and arrest suspects, process crime scenes, present evidence in court, and defend themselves in life threatening situations.

(4)

The development and institutionalization of reward and promotion systems for rangers based on performance and set competencies.

(5)

The development and institutionalization of national systems to provide insurance to rangers and their families and compensation for those rangers killed in the line of duty.

(6)

Cooperation and coordination between local law enforcement tasked with wildlife or park protection and local defense forces, where appropriate, including training opportunities, logistical support, or provision of equipment.

5.

Designation of major wildlife trafficking countries and authority to withhold certain assistance

(a)

Report

Not later than September 15 of each year, 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 foreign country determined 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 or their derivatives.

(b)

Special designation

In each report required under subsection (a), the Secretary of State, in consultation with the Secretary of Interior and the Secretary of Commerce, shall—

(1)

designate each country listed in the report that has failed demonstrably, during the previous 12-month period, to make substantial efforts to adhere to its obligations under international agreements relating to endangered or threatened species; and

(2)

include a short justification for each determination made under paragraph (1).

(c)

Withholding of assistance

The Secretary of State may withhold assistance described in subsection (d) with respect to each foreign country that is specially designated under subsection (b).

(d)

Assistance described

The assistance described in this subsection are sections 516, 524, and 541 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j, 2344, or 2347), chapter 6 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2348 et seq.), and section 23 of the Arms Export Control Act (22 U.S.C. 2763).

(e)

Notification

The Secretary of State shall notify—

(1)

the government of each foreign country that is listed in the report required under subsection (a) that the country has been so listed; and

(2)

the government of each foreign country that is specially designated under subsection (b) and is subject to the withholding of assistance described in subsection (c).

(f)

Reporting cost offset

Section 8 of Public Law 107–245 (50 U.S.C. 1701 note) is repealed.

(g)

Sunset

This section shall terminate on the date that is 5 years after the date of the enactment of this Act.

6.

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.

7.

Updates to the Fishermen’s Protective Act of 1967

Section 8 of the Fishermen’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, before finds;

(C)

in paragraph (3), by inserting in consultation with the Secretary of State, after , as appropriate,;

(D)

by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following:

(4)

The Secretary of Commerce and the Secretary of the Interior shall each report to the 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,.

8.

Wildlife trafficking violations as predicate offenses under racketeering and money laundering statutes

(a)

Travel Act

Section 1952 of title 18, United States Code, is amended—

(1)

in subsection (b)—

(A)

by striking or (3) and inserting (3); and

(B)

by striking of this title and (ii) and inserting the following: of this title, or (4) any act that is a criminal violation of section 9(a)(1) 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, products, items, or substances involved in the violation and relevant conduct, as applicable, have a total value of more than $10,000 and (ii); and

(2)

by adding at the end the following:

(f)

Use of amounts from fines, forfeitures, and restitution relating to wildlife trafficking violations

Any amounts received by the United States as fines, forfeitures of property or assets, or restitution to the Government for any violation under this section that involves an unlawful activity described in subsection (b)(i)(4) shall be transferred by the Secretary of the Treasury, to the extent practicable, to the Multinational Species Conservation Fund and used as provided in advance in appropriations Acts for the benefit of the species impacted by the applicable violation.

.

(b)

Money laundering

Section 1956 of title 18, United States Code, is amended—

(1)

in subsection (c)(7)—

(A)

in subparagraph (E), by striking or at the end;

(B)

in subparagraph (F), by adding or at the end; and

(C)

by adding at the end the following:

(G)

any act or acts constituting a criminal violation of section 9(a)(1) 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, products, items, or substances involved in the violation and relevant conduct, as applicable, have a total value of more than $10,000;

; and

(2)

by adding at the end the following:

(j)

Use of amounts from civil penalties, fines, forfeitures, and restitution relating to wildlife trafficking violations

Any amounts received by the United States as fines, forfeitures of property or assets, or restitution to the Government for any violation under this section that involves an unlawful activity described in subsection (c)(7)(G) shall be transferred by the Secretary of the Treasury, to the extent practicable, to the Multinational Species Conservation Fund and used as provided in advance in appropriations Acts for the benefit of the species impacted by the applicable violation.

.

(c)

RICO

Chapter 96 of title 18, United States Code, is amended—

(1)

in section 1961(1)—

(A)

by striking or (G) and inserting (G); and

(B)

by inserting before the semicolon at the end the following: , or (H) any act constituting a criminal violation of section 9(a)(1) 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, products, items, or substances involved in the violation and relevant conduct, as applicable, have a total value of more than $10,000; and

(2)

in section 1963, by adding at the end the following:

(n)

Use of amounts from fines, forfeitures, and restitution relating to wildlife trafficking violations

Any amounts received by the United States as fines, forfeitures of property or assets, or restitution to the Government for any violation under section 1962 that is based on racketeering activity described in section 1961(1)(H) shall be transferred by the Secretary of the Treasury, to the extent practicable, to the Multinational Species Conservation Fund and used as provided in advance in appropriations Acts for the benefit of the species impacted by the applicable violation.

.

(d)

Technical and conforming amendments

(1)

Use of amounts from fines

Section 1402(b)(1)(A) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(b)(1)(A)) is amended—

(A)

in clause (i), by striking and at the end; and

(B)

by adding at the end the following:

(iii)

sections 1952(f), 1956(j), and 1963(n) of title 18, United States Code; and

.

(2)

Use of amounts from forfeitures

Section 524(c)(4)(A) of title 28, United States Code, is amended by inserting before or the Postmaster General the following: or section 1952(f), 1956(j), or 1963(n) of title 18,.

9.

Other actions relating to wildlife trafficking programs

It is the sense of Congress that the Secretary of State should dedicate sufficient program resources to—

(1)

conduct monitoring and evaluation, with a special emphasis where feasible on impact evaluations, of wildlife trafficking programs consistent with the Department of State’s January 2015 Evaluation Policy;

(2)

publish program information on wildlife trafficking programs on the Department of State’s Internet website, ForeignAssistance.gov in a digital format consistent with the United States commitment to the International Aid Transparency Initiative (IATI); and

(3)

develop and implement a learning agenda to improve the performance and impact of wildlife trafficking programs and to share best practices among relevant executive branch agencies.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016.

(b)

Table of contents

The table of contents for this Act is as follows:

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—Transition of overseas contingency funding to base funding

Sec. 501. Sense of congress on funding.

TITLE VI—Other actions relating to wildlife trafficking programs

Sec. 601. Amendments to Fisherman's Protective Act of 1967.

2.

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 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 sustainably manage, or benefit directly and indirectly from wildlife and other natural resources and includes—

(A)

devolving management and governance to local communities to create positive conditions for sustainable resource use; 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.

I

Purposes and policy

101.

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.

102.

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 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.

II

Report on major wildlife trafficking countries

201.

Report

(a)

Report

Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in consultation with the Secretary of the Interior and the Secretary of Commerce, shall submit to Congress a report that lists each country determined by the Secretary of State to be a focus country within the meaning of this Act.

(b)

Special designation

In each report required under subsection (a), the Secretary of State, in consultation with the Secretary of the Interior and the Secretary of Commerce, shall identify each country listed in the report that also constitutes a country of concern (as defined in section 2(4)) .

(c)

Sunset

This section shall terminate on the date that is 5 years after the date of the enactment of this Act.

III

Framework for interagency response

301.

Presidential Task Force on Wildlife Trafficking

(a)

Responsibilities

In addition to the functions required by Executive Order 13648 (78 Fed. Reg. 40621), the Task Force shall be informed by the Secretary of State’s annual report required under section 201 and considering all available information, ensure that relevant United States Government agencies—

(1)

collaborate, to the greatest extent practicable, with the national wildlife services, or other relevant bodies of each focus country to prepare, not later than 90 days after the date of submission of the report required under section 201(a), a United States mission assessment of the threats to wildlife in that focus country and an assessment of the capacity of that country to address wildlife trafficking;

(2)

collaborate, to the greatest extent practicable, with relevant ministries, national wildlife services, or other relevant bodies of each focus country to prepare, not later than 180 days after preparation of the assessment referred to in paragraph (1), a United States mission strategic plan that includes recommendations for addressing wildlife trafficking, taking into account any regional or national strategies for addressing wildlife trafficking in a focus country developed before the preparation of such assessment;

(3)

coordinate efforts among United States Federal agencies and non-Federal partners, including missions, domestic and international organizations, the private sector, and other global partners, to implement the strategic plans required by paragraph (2) in each focus country;

(4)

not less frequently than annually, consult and coordinate with stakeholders qualified to provide advice, assistance, and information regarding effective support for anti-poaching activities, coordination of regional law enforcement efforts, development of and support for effective legal enforcement mechanisms, and development of strategies to reduce illicit trade and reduce consumer demand for illegally traded wildlife and wildlife products, and other relevant topics under this Act; and

(5)

coordinate or carry out other functions as are necessary to implement this Act.

(b)

Duplication and efficiency

The Task Force shall—

(1)

ensure that the activities of the Federal agencies involved in carrying out efforts under this Act are coordinated and not duplicated; and

(2)

encourage efficiencies and coordination among the efforts of Federal agencies and interagency initiatives ongoing as of the date of the enactment of this Act to address trafficking activities, including trafficking of wildlife, humans, weapons, and narcotics, illegal trade, transnational organized crime, or other illegal activities.

(c)

Consistency with agency responsibilities

The Task Force shall carry out its responsibilities under this Act in a manner consistent with the authorities and responsibilities of agencies represented on the Task Force.

(d)

Task force strategic review

One year after the date of the enactment of this Act, and annually thereafter, the Task Force shall submit a strategic assessment of its work and provide a briefing to the appropriate congressional committees that shall include—

(1)

a review and assessment of the Task Force’s implementation of this Act, identifying successes, failures, and gaps in its work, or that of agencies represented on the Task Force, including detailed descriptions of—

(A)

what approaches, initiatives, or programs have succeeded best in increasing the willingness and capacity of focus countries to suppress and prevent illegal wildlife trafficking, and what approaches, initiatives, or programs have not succeeded as well as hoped; and

(B)

which foreign governments subject to subsections (a) and (b) of section 201 have proven to be the most successful partners in suppressing and preventing illegal wildlife trafficking, which focus countries have not proven to be so, and what factors contributed to these results in each country discussed;

(2)

a description of each Task Force member agency’s priorities and objectives for combating wildlife trafficking;

(3)

an account of total United States funding each year since fiscal year 2014 for all government agencies and programs involved in countering poaching and wildlife trafficking;

(4)

an account of total United States funding since fiscal year 2014 to support the activities of the Task Force, including administrative overhead costs and congressional reporting; and

(5)

recommendations for how to improve United States and international efforts to suppress and prevent illegal wildlife trafficking in the future, based upon the Task Force’s experience as of the time of the review.

(e)

Termination of task force

The statutory authorization for the Task Force provided by this Act shall terminate 5 years after the date of the enactment of this Act or such earlier date that the President terminates the Task Force by rescinding, superseding, or otherwise modifying relevant portions of Executive Order 13648.

IV

Programs to address the escalating wildlife trafficking crisis

401.

Anti-poaching programs

(a)

Wildlife law enforcement professional training and coordination activities

The Secretary of State and the Administrator of the United States Agency for International Development, in collaboration with the heads of other relevant United States agencies and nongovernmental partners where appropriate, may provide assistance to focus countries to carry out the recommendations made in the strategic plan required by section 301(a)(2), among other goals, to improve the effectiveness of wildlife law enforcement in regions and countries that have demonstrated capacity, willingness, and need for assistance.

(b)

Authority to provide security assistance to counter wildlife trafficking and poaching

(1)

In general

The President is authorized to provide defense articles, defense services, and related training to security forces of focus countries for the purpose of countering wildlife trafficking and poaching where appropriate.

(2)

Types of assistance

(A)

In general

Assistance provided under paragraph (1) may include intelligence and surveillance assets, communications and electronic equipment, mobility assets, night vision and thermal imaging devices, and organizational clothing and individual equipment, pursuant to the applicable provision of the Arms Export Control Act (22 U.S.C. 2751 et seq.) or the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).

(B)

Limitation

Assistance provided under paragraph (1) may not include significant military equipment.

(3)

Special rule

Assistance provided under paragraph (1) shall be in addition to any other assistance provided to the countries under any other provision of law.

(4)

Prohibition on assistance

(A)

In general

No assistance may be provided under subsection (b) to a unit of a security force if the President determines that the unit has been found to engage in wildlife trafficking or poaching.

(B)

Exception

The prohibition in subparagraph (A) shall not apply with respect to a unit of a security force of a country if the President determines that the government of the country is taking effective steps to hold the unit accountable and prevent the unit from engaging in trafficking and poaching.

(5)

Certification

With respect to any assistance provided pursuant to this subsection, the Secretary of State shall certify to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that such assistance is necessary for the purposes of combating wildlife trafficking.

(6)

Notification

Consistent with the requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.) and the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the Secretary of State shall notify the appropriate congressional committees regarding defense articles, defense services, and related training provided under paragraph (1).

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 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.

403.

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.

404.

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 sustainably, and reduce the threat of poaching and trafficking, including through—

(1)

promoting conservation-based enterprises and incentives, such as eco-tourism and sustainable 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, sustainable 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 sustainable land use 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.

V

Transition of overseas contingency funding to base funding

501.

Sense of congress on funding

It is the sense of Congress that the President and Congress should provide for an appropriate and responsible transition for funding designated for overseas contingency operations to traditional and regular annual appropriations, including emergency supplemental funding, as appropriate.

VI

Other actions relating to wildlife trafficking programs

601.

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)

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,.

May 9, 2016

Reported with an amendment