S. 3211 (Reported in Senate) — Eliminate, Neutralize, and Disrupt Wildlife Trafficking Reauthorization and Improvements Act of 2021

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.”

(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); and

“(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.”

(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”

(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.