II 

Calendar No. 404 

117TH CONGRESS 

2D SESSION S. 3211 

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 SENATE OF THE UNITED STATES 

NOVEMBER 15, 2021 

Mr. COONS (for himself and Mr. PORTMAN) introduced the following bill; 

which was read twice and referred to the Committee on Foreign Relations 

JUNE 14, 2022 

Reported by Mr. MENENDEZ, with an amendment 

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

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Eliminate, Neutralize, 

3 and Disrupt Wildlife Trafficking Reauthorization and Im4 provements Act of 2021’’. 

5 SEC. 2. SENSE OF CONGRESS. 

6 It is the sense of Congress that— 

7 (1) the United States Government should con8 tinue to work with international partners, including 

9 nations, nongovernmental organizations, and the pri10 vate sector, to identify long-standing and emerging 

11 areas of concern in wildlife poaching and trafficking 

12 related to global supply and demand; and 

13 (2) the activities and required reporting of the 

14 Presidential Task Force on Wildlife Trafficking, es15 tablished by Executive Order 13648 (78 Fed. Reg. 

16 40621), and modified by sections 201 and 301 of 

17 the Eliminate, Neutralize, and Disrupt Wildlife 

18 Trafficking Act of 2016 (16 U.S.C. 7621 and 7631) 

19 should be reauthorized to minimize the disruption of 

20 the work of such Task Force. 

21 SEC. 3. DEFINITIONS. 

22 Section 2 of the Eliminate, Neutralize, and Disrupt 

23 Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) is 

24 amended— 


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1 (1) in paragraph (3), by inserting ‘‘involving 

2 local communities’’ after ‘‘approach to conserva3 tion’’; 

4 (2) by amending paragraph to read as follows: 

5 ‘‘(4) COUNTRY OF CONCERN.—The term ‘coun6 try of concern’ means a foreign country specially 

7 designated by the Secretary of State pursuant to 

8 section 201(b) as a major source of wildlife traf9 ficking products or their derivatives, a major transit 

10 point of wildlife trafficking products or their deriva11 tives, or a major consumer of wildlife trafficking 

12 products, in which— 

13 ‘‘(A) the government has actively engaged 

14 in, or knowingly profited from, the trafficking 

15 of protected species; or 

16 ‘‘(B) the government facilitates such traf17 ficking through conduct that may include a per18 sistent failure to make serious and sustained ef19 forts to prevent and prosecute such traf20 ficking.’’; and 

21 (3) in paragraph (11), by striking ‘‘section 

22 201’’ and inserting ‘‘section 301’’. 


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1 SEC. 4. FRAMEWORK FOR INTERAGENCY RESPONSE AND 

2 REPORTING. 

3 (a) REAUTHORIZATION OF REPORT ON MAJOR WILD4 LIFE TRAFFICKING COUNTRIES.—Section 201 of the 

5 Eliminate, Neutralize, and Disrupt Wildlife Trafficking 

6 Act of 2016 (16 U.S.C. 7621) is amended— 

7 (1) in subsection (a), by striking ‘‘annually 

8 thereafter’’ and inserting ‘‘biennially thereafter by 

9 June 1 of each year in which a report is required’’; 

10 and 

11 (2) by amending subsection (c) to read as fol12 lows: 

13 ‘‘(c) DESIGNATION.—A country may be designated as 

14 a country of concern under subsection (b) regardless of 

15 such country’s status as a focus country.’’. 

16 (b) PRESIDENTIAL TASK FORCE ON WILDLIFE

17 TRAFFICKING RESPONSIBILITIES.—Section 301(a) of the 

18 Eliminate, Neutralize, and Disrupt Wildlife Trafficking 

19 Act of 2016 (16 U.S.C. 7631(a)) is amended— 

20 (1) in paragraph (4), by striking ‘‘and’’ at the 

21 end; 

22 (2) by redesignating paragraph (5) as para23 graph (10); and 

24 (3) by inserting after paragraph (4) the fol25 lowing: 

26 ‘‘(5) pursue programs— 


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1 ‘‘(A) to expand the role of technology for 

2 anti-poaching and anti-trafficking efforts, in 

3 partnership with the private sector, foreign gov4 ernments, academia, and nongovernmental or5 ganizations (including technology companies 

6 and the transportation and logistics sectors); 

7 and 

8 ‘‘(B) to enable local governments to de9 velop and use such technologies; 

10 ‘‘(6) consider programs and initiatives that ad11 dress the expansion of the illegal wildlife trade to 

12 digital platforms, including the use of digital cur13 rency and payment platforms for transactions by 

14 collaborating with the private sector, academia, and 

15 nongovernmental organizations, including social 

16 media, e-commerce, and search engine companies, as 

17 appropriate; 

18 ‘‘(7)(A) establish and publish a procedure for 

19 removing from the list in the biennial report any 

20 country of concern that no longer meets the defini21 tion of country of concern under section 2(4); and 

22 ‘‘(B) include details about such procedure in 

23 the next report required under section 201; 

24 ‘‘(8)(A) implement interventions to address the 

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1 gal wildlife and wildlife products in focus countries 

2 and countries of concern; 

3 ‘‘(B) set benchmarks for measuring the effec4 tiveness of such interventions; and 

5 ‘‘(C) consider alignment and coordination with 

6 indicators developed by the Task Force; 

7 ‘‘(9) consider additional opportunities to in8 crease coordination between law enforcement and fi9 nancial institutions to identify trafficking activity; 

10 and’’. 

11 (c) PRESIDENTIAL TASK FORCE ON WILDLIFE

12 TRAFFICKING STRATEGIC REVIEW.—Section 301 of the 

13 Eliminate, Neutralize, and Disrupt Wildlife Trafficking 

14 Act of 2016 (16 U.S.C. 7631), as amended by subsection 

15 (b), is further amended— 

16 (1) in subsection (d)— 

17 (A) in the matter preceding paragraph (1), 

18 by striking ‘‘annually’’ and inserting ‘‘bienni19 ally’’; 

20 (B) in paragraph (4), by striking ‘‘and’’ at 

21 the end; 

22 (C) in paragraph (5), by striking the pe23 riod at the end and inserting ‘‘; and’’; and 

24 (D) by adding at the end the following: 


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1 ‘‘(6) an analysis of the indicators developed by 

2 the Task Force, and recommended by the Govern3 ment Accountability Office, to track and measure in4 puts, outputs, law enforcement outcomes, and the 

5 market for wildlife products for each focus country 

6 listed in the report, including baseline measures, as 

7 appropriate, for each indicator in each focus country 

8 to determine the effectiveness and appropriateness 

9 of such indicators to assess progress and whether 

10 additional or separate indicators, or adjustments to 

11 indicators, may be necessary for focus countries.’’; 

12 and 

13 (2) by striking subsection (e). 

14 SEC. 5. FUNDING SAFEGUARDS. 

15 (a) PROCEDURES FOR OBTAINING CREDIBLE INFOR16 MATION.—Section 620M(d) of the Foreign Assistance Act 

17 of 1961 (22 U.S.C. 2378d(d)) is amended— 

18 (1) by redesignating paragraphs (4), (5), (6), 

19 and (7) as paragraphs (5), (6), (7), and (8), respec20 tively; and 

21 (2) by inserting after paragraph (3) the fol22 lowing: 

23 ‘‘(4) routinely request and obtain such informa24 tion from the United States Agency for Inter25 national Development, the United States Fish and 


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1 Wildlife Service, and other relevant Federal agencies 

2 that partner with international nongovernmental 

3 conservation groups;’’. 

4 (b) REQUIRED IMPLEMENTATION.—The Secretary of 

5 State shall implement the procedures established pursuant 

6 to section 620M(d) of the Foreign Assistance Act of 1961, 

7 as amended by subsection (a), including vetting individ8 uals and units, whenever the United States Agency for 

9 International Development, the United States Fish and 

10 Wildlife Service, or any other relevant Federal agency that 

11 partners with international nongovernmental conservation 

12 groups provides assistance to any unit of the security 

13 forces of a foreign country. 

14 SEC. 6. ISSUANCE OF SUBPOENAS IN WILDLIFE TRAF15 FICKING CIVIL PENALTY ENFORCEMENT AC16 TIONS. 

17 (a) ENDANGERED SPECIES ACT OF 1973.—Section 

18 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 

19 1540(e)) is amended by adding at the end the following: 

20 ‘‘(7) ISSUANCE OF SUBPOENAS.— 

21 ‘‘(A) IN GENERAL.—For the purposes of 

22 any inspection or investigation relating to the 

23 import into, or the export from, the United 

24 States of any fish or wildlife or plants covered 

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1 ceipt, carrying, transport, shipment, sale, or 

2 offer for sale in interstate or foreign commerce 

3 of any such fish or wildlife or plants imported 

4 into or exported from the United States, the 

5 Secretary, may issue subpoenas for the attend6 ance and testimony of witnesses and the pro7 duction of any papers, books, or other records 

8 relevant to the subject matter under investiga9 tion. 

10 ‘‘(B) FEES AND MILEAGE FOR WIT11 NESSES.—A witness summoned under subpara12 graph (A) shall be paid the same fees and mile13 age that are paid to witnesses in the courts of 

14 the United States. 

15 ‘‘(C) REFUSAL TO OBEY SUBPOENAS.— 

16 ‘‘(i) IN GENERAL.—In the case of a 

17 contumacy or refusal to obey a subpoena 

18 served on any person pursuant to this 

19 paragraph, the district court of the United 

20 States for any judicial district in which the 

21 person is found, resides, or transacts busi22 ness, on application by the United States 

23 and after notice to that person, shall have 

24 jurisdiction to issue an order requiring 

25 that person to appear and give testimony 


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1 before the Secretary, to appear and 

2 produce documents before the Secretary, 

3 or both. 

4 ‘‘(ii) FAILURE TO OBEY.—Any failure 

5 to obey an order issued by a court under 

6 clause (i) may be punished by that court 

7 as a contempt of that court.’’. 

8 (b) LACEY ACT AMENDMENTS OF 1981.—Section 6 

9 of the Lacey Act Amendments of 1981 (16 U.S.C. 3375) 

10 is amended by adding at the end the following: 

11 ‘‘(e) ISSUANCE OF SUBPOENAS.— 

12 ‘‘(1) IN GENERAL.—For the purposes of any in13 spection or investigation relating to the import into, 

14 or the export from, the United States of any fish or 

15 wildlife or plants covered under the Lacey Act of 

16 1900 (16 U.S.C. 3371 et seq.) or relating to the 

17 transport, sale, receipt, acquisition, or purchase in 

18 interstate or foreign commerce of any such fish or 

19 wildlife or plants imported into or exported from the 

20 United States, the Secretary may issue subpoenas 

21 for the attendance and testimony of witnesses and 

22 the production of any papers, books, or other 

23 records relevant to the subject matter under inves24 tigation. 


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1 ‘‘(2) FEES AND MILEAGE FOR WITNESSES.—A 

2 witness summoned under paragraph (1) shall be 

3 paid the same fees and mileage that are paid to wit4 nesses in the courts of the United States. 

5 ‘‘(3) REFUSAL TO OBEY SUBPOENAS.— 

6 ‘‘(A) IN GENERAL.—In the case of a con7 tumacy or refusal to obey a subpoena served on 

8 any person pursuant to this subsection, the dis9 trict court of the United States for any judicial 

10 district in which the person is found, resides, or 

11 transacts business, on application by the United 

12 States and after notice to that person, shall 

13 have jurisdiction to issue an order requiring 

14 that person to appear and give testimony before 

15 the Secretary, to appear and produce docu16 ments before the Secretary, or both. 

17 ‘‘(B) FAILURE TO OBEY.—Any failure to 

18 obey an order issued by a court under subpara19 graph (A) may be punished by that court as a 

20 contempt of that court.’’. 

21 (c) BALD AND GOLDEN EAGLE PROTECTION ACT.— 

22 (1) CIVIL PENALTIES.—Subsection (b) of the 

23 first section of the Act of June 8, 1940 (16 U.S.C. 

24 668(b)) (commonly known as the ‘‘Bald and Golden 

25 Eagle Protection Act’’), is amended— 


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1 (A) by striking ‘‘(b) Whoever, within the’’ 

2 and inserting the following: 

3 ‘‘(b) CIVIL PENALTIES.— 

4 ‘‘(1) IN GENERAL.—Whoever, within the’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(2) HEARINGS; ISSUANCE OF SUBPOENAS.— 

7 ‘‘(A) HEARINGS.—Hearings held during 

8 proceedings for the assessment of civil penalties 

9 under paragraph (1) shall be conducted in ac10 cordance with section 554 of title 5, United 

11 States Code. 

12 ‘‘(B) ISSUANCE OF SUBPOENAS.— 

13 ‘‘(i) IN GENERAL.—For purposes of 

14 any hearing held during proceedings for 

15 the assessment of civil penalties under 

16 paragraph (1), the Secretary may issue 

17 subpoenas for the attendance and testi18 mony of witnesses and the production of 

19 relevant papers, books, and documents, 

20 and may administer oaths. 

21 ‘‘(ii) FEES AND MILEAGE FOR WIT22 NESSES.—A witness summoned pursuant 

23 to clause (i) shall be paid the same fees 

24 and mileage that are paid to witnesses in 

25 the courts of the United States. 


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1 ‘‘(iii) REFUSAL TO OBEY SUB2 POENAS.— 

3 ‘‘(I) IN GENERAL.—In the case 

4 of a contumacy or refusal to obey a 

5 subpoena served on any person pursu6 ant to this subparagraph, the district 

7 court of the United States for any ju8 dicial district in which the person is 

9 found, resides, or transacts business, 

10 on application by the United States 

11 and after notice to that person, shall 

12 have jurisdiction to issue an order re13 quiring that person to appear and give 

14 testimony before the Secretary, to ap15 pear and produce documents before 

16 the Secretary, or both. 

17 ‘‘(II) FAILURE TO OBEY.—Any 

18 failure to obey an order issued by a 

19 court under subclause (I) may be pun20 ished by that court as a contempt of 

21 that court.’’. 

22 (2) INVESTIGATORY SUBPOENAS.—Section 3 of 

23 the Act of June 8, 1940 (16 U.S.C. 668b) (com24 monly known as the ‘‘Bald and Golden Eagle ProVerDate Sep 11 2014 00:04 Jun 15, 2022 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\S3211.RS S3211

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1 tection Act’’), is amended by adding at the end the 

2 following: 

3 ‘‘(d) ISSUANCE OF SUBPOENAS.— 

4 ‘‘(1) IN GENERAL.—For the purposes of any in5 spection or investigation relating to the import into 

6 or the export from the United States of any bald or 

7 golden eagles covered under this Act, or any parts, 

8 nests, or eggs of any such bald or golden eagles, the 

9 Secretary may issue subpoenas for the attendance 

10 and testimony of witnesses and the production of 

11 any papers, books, or other records relevant to the 

12 subject matter under investigation. 

13 ‘‘(2) FEES AND MILEAGE FOR WITNESSES.—A 

14 witness summoned under paragraph (1) shall be 

15 paid the same fees and mileage that are paid to wit16 nesses in the courts of the United States. 

17 ‘‘(3) REFUSAL TO OBEY SUBPOENAS.— 

18 ‘‘(A) IN GENERAL.—In the case of a con19 tumacy or refusal to obey a subpoena served on 

20 any person pursuant to this subsection, the dis21 trict court of the United States for any judicial 

22 district in which the person is found, resides, or 

23 transacts business, on application by the United 

24 States and after notice to that person, shall 

25 have jurisdiction to issue an order requiring 


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1 that person to appear and give testimony before 

2 the Secretary, to appear and produce docu3 ments before the Secretary, or both. 

4 ‘‘(B) FAILURE TO OBEY.—Any failure to 

5 obey an order issued by a court under subpara6 graph (A) may be punished by that court as a 

7 contempt of that court.’’. 

8 SECTION 1. SHORT TITLE. 

9 This Act may be cited as the ‘‘Eliminate, Neutralize, 

10 and Disrupt Wildlife Trafficking Reauthorization and Im11 provements Act of 2022’’. 

12 SEC. 2. SENSE OF CONGRESS. 

13 It is the sense of Congress that— 

14 (1) the United States Government should con15 tinue to work with international partners, including 

16 nations, nongovernmental organizations, and the pri17 vate sector, to identify long-standing and emerging 

18 areas of concern in wildlife poaching and trafficking 

19 related to global supply and demand; and 

20 (2) the activities and required reporting of the 

21 Presidential Task Force on Wildlife Trafficking, es22 tablished by Executive Order 13648 (78 Fed. Reg. 

23 40621), and modified by sections 201 and 301 of the 

24 Eliminate, Neutralize, and Disrupt Wildlife Traf25 ficking Act of 2016 (16 U.S.C. 7621 and 7631) should 


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1 be reauthorized to minimize the disruption of the 

2 work of such Task Force. 

3 SEC. 3. DEFINITIONS. 

4 Section 2 of the Eliminate, Neutralize, and Disrupt 

5 Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) is amend6 ed— 

7 (1) in paragraph (3), by inserting ‘‘involving 

8 local communities’’ after ‘‘approach to conservation’’; 

9 (2) by amending paragraph to read as follows: 

10 ‘‘(4) COUNTRY OF CONCERN.—The term ‘country 

11 of concern’ means a foreign country specially des12 ignated by the Secretary of State pursuant to section 

13 201(b) as a major source of wildlife trafficking prod14 ucts or their derivatives, a major transit point of 

15 wildlife trafficking products or their derivatives, or a 

16 major consumer of wildlife trafficking products, in 

17 which— 

18 ‘‘(A) the government has actively engaged 

19 in, or knowingly profited from, the trafficking of 

20 protected species; or 

21 ‘‘(B) the government facilitates such traf22 ficking through conduct that may include a per23 sistent failure to make serious and sustained ef24 forts to prevent and prosecute such trafficking.’’; 

25 and 


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1 (3) in paragraph (11), by striking ‘‘section 201’’ 

2 and inserting ‘‘section 301’’. 

3 SEC. 4. FRAMEWORK FOR INTERAGENCY RESPONSE AND 

4 REPORTING. 

5 (a) REAUTHORIZATION OF REPORT ON MAJOR WILD6 LIFE TRAFFICKING COUNTRIES.—Section 201 of the Elimi7 nate, Neutralize, and Disrupt Wildlife Trafficking Act of 

8 2016 (16 U.S.C. 7621) is amended— 

9 (1) in subsection (a), by striking ‘‘annually 

10 thereafter’’ and inserting ‘‘biennially thereafter by 

11 June 1 of each year in which a report is required’’; 

12 and 

13 (2) by amending subsection (c) to read as fol14 lows: 

15 ‘‘(c) DESIGNATION.—A country may be designated as 

16 a country of concern under subsection (b) regardless of such 

17 country’s status as a focus country.’’. 

18 (b) PRESIDENTIAL TASK FORCE ON WILDLIFE TRAF19 FICKING RESPONSIBILITIES.—Section 301(a) of the Elimi20 nate, Neutralize, and Disrupt Wildlife Trafficking Act of 

21 2016 (16 U.S.C. 7631(a)) is amended— 

22 (1) in paragraph (4), by striking ‘‘and’’ at the 

23 end; 

24 (2) by redesignating paragraph (5) as para25 graph (10); and 


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1 (3) by inserting after paragraph (4) the fol2 lowing: 

3 ‘‘(5) pursue programs and develop a strategy— 

4 ‘‘(A) to expand the role of technology for 

5 anti-poaching and anti-trafficking efforts, in 

6 partnership with the private sector, foreign gov7 ernments, academia, and nongovernmental orga8 nizations (including technology companies and 

9 the transportation and logistics sectors); and 

10 ‘‘(B) to enable local governments to develop 

11 and use such technologies; 

12 ‘‘(6) consider programs and initiatives that ad13 dress the expansion of the illegal wildlife trade to dig14 ital platforms, including the use of digital currency 

15 and payment platforms for transactions by collabo16 rating with the private sector, academia, and non17 governmental organizations, including social media, 

18 e-commerce, and search engine companies, as appro19 priate; 

20 ‘‘(7)(A) establish and publish a procedure for re21 moving from the list in the biennial report any coun22 try of concern that no longer meets the definition of 

23 country of concern under section 2(4); 

24 ‘‘(B) include details about such procedure in the 

25 next report required under section 201; 


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1 ‘‘(8)(A) implement interventions to address the 

2 drivers of poaching, trafficking, and demand for ille3 gal wildlife and wildlife products in focus countries 

4 and countries of concern; 

5 ‘‘(B) set benchmarks for measuring the effective6 ness of such interventions; and 

7 ‘‘(C) consider alignment and coordination with 

8 indicators developed by the Task Force; 

9 ‘‘(9) consider additional opportunities to in10 crease coordination between law enforcement and fi11 nancial institutions to identify trafficking activity; 

12 and’’. 

13 (c) PRESIDENTIAL TASK FORCE ON WILDLIFE TRAF14 FICKING STRATEGIC REVIEW.—Section 301 of the Elimi15 nate, Neutralize, and Disrupt Wildlife Trafficking Act of 

16 2016 (16 U.S.C. 7631), as amended by subsection (b), is 

17 further amended— 

18 (1) in subsection (d)— 

19 (A) in the matter preceding paragraph (1), 

20 by striking ‘‘annually’’ and inserting ‘‘bienni21 ally’’; 

22 (B) in paragraph (4), by striking ‘‘and’’ at 

23 the end; 

24 (C) in paragraph (5), by striking the period 

25 at the end and inserting ‘‘; and’’; and 


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1 (D) by adding at the end the following: 

2 ‘‘(6) an analysis of the indicators developed by 

3 the Task Force, and recommended by the Government 

4 Accountability Office, to track and measure inputs, 

5 outputs, law enforcement outcomes, and the market 

6 for wildlife products for each focus country listed in 

7 the report, including baseline measures, as appro8 priate, for each indicator in each focus country to de9 termine the effectiveness and appropriateness of such 

10 indicators to assess progress and whether additional 

11 or separate indicators, or adjustments to indicators, 

12 may be necessary for focus countries.’’; and 

13 (2) by striking subsection (e). 

14 SEC. 5. FUNDING SAFEGUARDS. 

15 (a) PROCEDURES FOR OBTAINING CREDIBLE INFOR16 MATION.—Section 620M(d) of the Foreign Assistance Act of 

17 1961 (22 U.S.C. 2378d(d)) is amended— 

18 (1) by redesignating paragraphs (4), (5), (6), 

19 and (7) as paragraphs (5), (6), (7), and (8), respec20 tively; and 

21 (2) by inserting after paragraph (3) the fol22 lowing: 

23 ‘‘(4) routinely request and obtain such informa24 tion from the United States Agency for International 

25 Development, the United States Fish and Wildlife 


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1 Service, and other relevant Federal agencies that 

2 partner with international nongovernmental con3 servation groups;’’. 

4 (b) REQUIRED IMPLEMENTATION.—The Secretary of 

5 State shall implement the procedures established pursuant 

6 to section 620M(d) of the Foreign Assistance Act of 1961, 

7 as amended by subsection (a), including vetting individuals 

8 and units, whenever the United States Agency for Inter9 national Development, the United States Fish and Wildlife 

10 Service, or any other relevant Federal agency that partners 

11 with international nongovernmental conservation groups 

12 provides assistance to any unit of the security forces of a 

13 foreign country. 

14 SEC. 6. ISSUANCE OF SUBPOENAS IN WILDLIFE TRAF15 FICKING CIVIL PENALTY ENFORCEMENT AC16 TIONS. 

17 Section 3 of the Fish and Wildlife Improvement Act 

18 of 1978 (16 U.S.C. 742l) is amended by adding at the end 

19 the following: 

20 ‘‘(l) ADMINISTRATIVE SUBPOENA AUTHORITY.— 

21 ‘‘(1) ENDANGERED SPECIES ACT OF 1973.— 

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graphs (B) through (D), the Secretary of the In24 terior, working through the U.S. Fish and Wild25 life Service, is authorized to issue subpoenas 


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1 when enforcing the Endangered Species Act of 

2 1973 (16 U.S.C. 1540). 

3 ‘‘(B) MATTERS COVERED.—In carrying out 

4 any inspection or investigation relating to the 

5 import into, or the export from, the United 

6 States of any fish or wildlife or plants covered 

7 under the Endangered Species Act of 1973 or re8 lating to the delivery, receipt, carrying, trans9 port, shipment, sale, or offer for sale in interstate 

10 or foreign commerce of any such fish or wildlife 

11 or plants imported into or exported from the 

12 United States, the Secretary of the Interior may 

13 issue subpoenas for the attendance and testimony 

14 of witnesses and the production of any papers, 

15 books, or other records relevant to the subject 

16 matter under investigation. 

17 ‘‘(C) FEES AND MILEAGE REIMBURSEMENT

18 FOR WITNESSES.—A witness summoned under 

19 subparagraph (B) shall be paid the same fees 

20 and mileage reimbursement rate that are paid to 

21 witnesses in the courts of the United States. 

22 ‘‘(D) REFUSAL TO OBEY SUBPOENAS.— 

23 ‘‘(i) IN GENERAL.—In the case of a 

24 contumacy or refusal to obey a subpoena 

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1 graph, the district court of the United 

2 States for any judicial district in which the 

3 person is found, resides, or transacts busi4 ness, on application by the United States 

5 and after notice to that person, shall have 

6 jurisdiction to issue an order requiring that 

7 person to appear and give testimony before 

8 the Secretary of the Interior, to appear and 

9 produce documents before the Secretary of 

10 the Interior, or both. 

11 ‘‘(ii) FAILURE TO OBEY.—Any failure 

12 to obey an order issued by a court under 

13 this paragraph may be punished by that 

14 court as a contempt of that court. 

15 ‘‘(2) LACEY ACT OF 1900.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graphs (B) through (D), the Secretary of the In18 terior, working through the U.S. Fish and Wild19 life Service, is authorized to issue subpoenas 

20 when enforcing the Lacey Act of 1900 (16 U.S.C. 

21 3371 et seq.). 

22 ‘‘(B) MATTERS COVERED.—In carrying out 

23 any inspection or investigation relating to the 

24 import into, or the export from, the United 

25 States of any fish or wildlife or plants covered 


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24 

•S 3211 RS

1 under the Lacey Act of 1900 or relating to the 

2 transport, sale, receipt, acquisition, or purchase 

3 in interstate or foreign commerce of any such 

4 fish or wildlife or plants imported into or ex5 ported from the United States, the Secretary of 

6 the Interior may issue subpoenas for the attend7 ance and testimony of witnesses and the produc8 tion of any papers, books, or other records rel9 evant to the subject matter under investigation. 

10 ‘‘(C) FEES AND MILEAGE REIMBURSEMENT

11 FOR WITNESSES.—A witness summoned under 

12 subparagraph (B) shall be paid the same fees 

13 and mileage reimbursement that are paid to wit14 nesses in the courts of the United States. 

15 ‘‘(D) REFUSAL TO OBEY SUBPOENAS.— 

16 ‘‘(i) IN GENERAL.—In the case of a 

17 contumacy or refusal to obey a subpoena 

18 served on any person pursuant to this para19 graph, the district court of the United 

20 States for any judicial district in which the 

21 person is found, resides, or transacts busi22 ness, on application by the United States 

23 and after notice to that person, shall have 

24 jurisdiction to issue an order requiring that 

25 person to appear and give testimony before 


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25 

•S 3211 RS

1 the Secretary of the Interior, to appear and 

2 produce documents before the Secretary of 

3 the Interior, or both. 

4 ‘‘(ii) FAILURE TO OBEY.—Any failure 

5 to obey an order issued by a court pursuant 

6 to this paragraph may be punished by that 

7 court as a contempt of that court. 

8 ‘‘(3) BALD AND GOLDEN EAGLE PROTECTION

9 ACT.— 

10 ‘‘(A) IN GENERAL.—Subject to subpara11 graphs (B) through (D), the Secretary of the In12 terior, working through the U.S. Fish and Wild13 life Service, is authorized to issue subpoenas 

14 when enforcing the Act of June 8, 1940 (16 

15 U.S.C. 668 et seq.) (commonly known as the 

16 ‘Bald and Golden Eagle Protection Act’). 

17 ‘‘(B) MATTERS COVERED.—In carrying out 

18 any inspection or investigation relating to the 

19 import into or the export from the United States 

20 of any bald or golden eagles covered under the 

21 Act of June 8, 1940 (16 U.S.C. 668 et seq.), or 

22 any parts, nests, or eggs of any such bald or 

23 golden eagles, and for purposes of any hearing 

24 held during proceedings for the assessment of 

25 civil penalties under subsection (b) of the first 


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26 

•S 3211 RS

1 section of such Act (16 U.S.C. 668(b)), the Sec2 retary of the Interior may issue subpoenas for 

3 the attendance and testimony of witnesses and 

4 the production of papers, books, and or other 

5 records relevant to the subject matter under in6 vestigation, and may administer oaths. 

7 ‘‘(C) FEES AND MILEAGE REIMBURSEMENT

8 FOR WITNESSES.—A witness summoned pursu9 ant to subparagraph (B) shall be paid the same 

10 fees and mileage reimbursement that are paid to 

11 witnesses in the courts of the United States. 

12 ‘‘(D) REFUSAL TO OBEY SUBPOENAS.— 

13 ‘‘(i) IN GENERAL.—In the case of a 

14 contumacy or refusal to obey a subpoena 

15 served on any person pursuant to this para16 graph, the district court of the United 

17 States for any judicial district in which the 

18 person is found, resides, or transacts busi19 ness, on application by the United States 

20 and after notice to that person, shall have 

21 jurisdiction to issue an order requiring that 

22 person to appear and give testimony before 

23 the Secretary of the Interior, to appear and 

24 produce documents before the Secretary of 

25 the Interior, or both. 


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27 

•S 3211 RS

1 ‘‘(ii) FAILURE TO OBEY.—Any failure 

2 to obey an order issued by a court under 

3 this paragraph may be punished by that 

4 court as a contempt of that court.’’. 


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Calendar No. 404 

117TH CONGRESS 

2D SESSION S. 3211 

A BILL 

To continue the whole-of-government approach to 

and for other purposes. Presidential Task Force on Wildlife Trafficking, permanently reauthorizing the activities of the ending global wildlife poaching and trafficking by 

JUNE 14, 2022 

Reported with an amendment 


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