II 

117TH CONGRESS 

1ST 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 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 and Disrupt Wildlife Trafficking Reauthorization and Im6 provements Act of 2021’’. 

7 SEC. 2. SENSE OF CONGRESS. 

8 It is the sense of Congress that— 


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1 (1) the United States Government should con2 tinue to work with international partners, including 

3 nations, nongovernmental organizations, and the pri4 vate sector, to identify long-standing and emerging 

5 areas of concern in wildlife poaching and trafficking 

6 related to global supply and demand; and 

7 (2) the activities and required reporting of the 

8 Presidential Task Force on Wildlife Trafficking, es9 tablished by Executive Order 13648 (78 Fed. Reg. 

10 40621), and modified by sections 201 and 301 of 

11 the Eliminate, Neutralize, and Disrupt Wildlife 

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

13 should be reauthorized to minimize the disruption of 

14 the work of such Task Force. 

15 SEC. 3. DEFINITIONS. 

16 Section 2 of the Eliminate, Neutralize, and Disrupt 

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

18 amended— 

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

20 local communities’’ after ‘‘approach to conserva21 tion’’; 

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

23 ‘‘(4) COUNTRY OF CONCERN.—The term ‘coun24 try of concern’ means a foreign country specially 

25 designated by the Secretary of State pursuant to 


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1 section 201(b) as a major source of wildlife traf2 ficking products or their derivatives, a major transit 

3 point of wildlife trafficking products or their deriva4 tives, or a major consumer of wildlife trafficking 

5 products, in which— 

6 ‘‘(A) the government has actively engaged 

7 in, or knowingly profited from, the trafficking 

8 of protected species; or 

9 ‘‘(B) the government facilitates such traf10 ficking through conduct that may include a per11 sistent failure to make serious and sustained ef12 forts to prevent and prosecute such traf13 ficking.’’; and 

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

15 201’’ and inserting ‘‘section 301’’. 

16 SEC. 4. FRAMEWORK FOR INTERAGENCY RESPONSE AND 

17 REPORTING. 

18 (a) REAUTHORIZATION OF REPORT ON MAJOR WILD19 LIFE TRAFFICKING COUNTRIES.—Section 201 of the 

20 Eliminate, Neutralize, and Disrupt Wildlife Trafficking 

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

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

23 thereafter’’ and inserting ‘‘biennially thereafter by 

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

25 and 


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1 (2) by amending subsection (c) to read as fol2 lows: 

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

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

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

6 (b) PRESIDENTIAL TASK FORCE ON WILDLIFE

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

8 Eliminate, Neutralize, and Disrupt Wildlife Trafficking 

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

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

11 end; 

12 (2) by redesignating paragraph (5) as para13 graph (10); and 

14 (3) by inserting after paragraph (4) the fol15 lowing: 

16 ‘‘(5) pursue programs— 

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

18 anti-poaching and anti-trafficking efforts, in 

19 partnership with the private sector, foreign gov20 ernments, academia, and nongovernmental or21 ganizations (including technology companies 

22 and the transportation and logistics sectors); 

23 and 

24 ‘‘(B) to enable local governments to de25 velop and use such technologies; 


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1 ‘‘(6) consider programs and initiatives that ad2 dress the expansion of the illegal wildlife trade to 

3 digital platforms, including the use of digital cur4 rency and payment platforms for transactions by 

5 collaborating with the private sector, academia, and 

6 nongovernmental organizations, including social 

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

8 appropriate; 

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

10 removing from the list in the biennial report any 

11 country of concern that no longer meets the defini12 tion of country of concern under section 2(4); and 

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

14 the next report required under section 201; 

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

16 drivers of poaching, trafficking, and demand for ille17 gal wildlife and wildlife products in focus countries 

18 and countries of concern; 

19 ‘‘(B) set benchmarks for measuring the effec20 tiveness of such interventions; and 

21 ‘‘(C) consider alignment and coordination with 

22 indicators developed by the Task Force; 

23 ‘‘(9) consider additional opportunities to in24 crease coordination between law enforcement and fiVerDate Sep 11 2014 22:40 Nov 16, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3211.IS S3211

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1 nancial institutions to identify trafficking activity; 

2 and’’. 

3 (c) PRESIDENTIAL TASK FORCE ON WILDLIFE

4 TRAFFICKING STRATEGIC REVIEW.—Section 301 of the 

5 Eliminate, Neutralize, and Disrupt Wildlife Trafficking 

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

7 (b), is further amended— 

8 (1) in subsection (d)— 

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

10 by striking ‘‘annually’’ and inserting ‘‘bienni11 ally’’; 

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

13 the end; 

14 (C) in paragraph (5), by striking the pe15 riod at the end and inserting ‘‘; and’’; and 

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

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

18 the Task Force, and recommended by the Govern19 ment Accountability Office, to track and measure in20 puts, outputs, law enforcement outcomes, and the 

21 market for wildlife products for each focus country 

22 listed in the report, including baseline measures, as 

23 appropriate, for each indicator in each focus country 

24 to determine the effectiveness and appropriateness 

25 of such indicators to assess progress and whether 


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1 additional or separate indicators, or adjustments to 

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

3 and 

4 (2) by striking subsection (e). 

5 SEC. 5. FUNDING SAFEGUARDS. 

6 (a) PROCEDURES FOR OBTAINING CREDIBLE INFOR7 MATION.—Section 620M(d) of the Foreign Assistance Act 

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

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

10 and (7) as paragraphs (5), (6), (7), and (8), respec11 tively; and 

12 (2) by inserting after paragraph (3) the fol13 lowing: 

14 ‘‘(4) routinely request and obtain such informa15 tion from the United States Agency for Inter16 national Development, the United States Fish and 

17 Wildlife Service, and other relevant Federal agencies 

18 that partner with international nongovernmental 

19 conservation groups;’’. 

20 (b) REQUIRED IMPLEMENTATION.—The Secretary of 

21 State shall implement the procedures established pursuant 

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

23 as amended by subsection (a), including vetting individ24 uals and units, whenever the United States Agency for 

25 International Development, the United States Fish and 


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1 Wildlife Service, or any other relevant Federal agency that 

2 partners with international nongovernmental conservation 

3 groups provides assistance to any unit of the security 

4 forces of a foreign country. 

5 SEC. 6. ISSUANCE OF SUBPOENAS IN WILDLIFE TRAF6 FICKING CIVIL PENALTY ENFORCEMENT AC7 TIONS. 

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

9 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 

10 1540(e)) is amended by adding at the end the following: 

11 ‘‘(7) ISSUANCE OF SUBPOENAS.— 

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

13 any inspection or investigation relating to the 

14 import into, or the export from, the United 

15 States of any fish or wildlife or plants covered 

16 under this Act or relating to the delivery, re17 ceipt, carrying, transport, shipment, sale, or 

18 offer for sale in interstate or foreign commerce 

19 of any such fish or wildlife or plants imported 

20 into or exported from the United States, the 

21 Secretary, may issue subpoenas for the attend22 ance and testimony of witnesses and the pro23 duction of any papers, books, or other records 

24 relevant to the subject matter under investiga25 tion. 


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1 ‘‘(B) FEES AND MILEAGE FOR WIT2 NESSES.—A witness summoned under subpara3 graph (A) shall be paid the same fees and mile4 age that are paid to witnesses in the courts of 

5 the United States. 

6 ‘‘(C) REFUSAL TO OBEY SUBPOENAS.— 

7 ‘‘(i) IN GENERAL.—In the case of a 

8 contumacy or refusal to obey a subpoena 

9 served on any person pursuant to this 

10 paragraph, the district court of the United 

11 States for any judicial district in which the 

12 person is found, resides, or transacts busi13 ness, on application by the United States 

14 and after notice to that person, shall have 

15 jurisdiction to issue an order requiring 

16 that person to appear and give testimony 

17 before the Secretary, to appear and 

18 produce documents before the Secretary, 

19 or both. 

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

21 to obey an order issued by a court under 

22 clause (i) may be punished by that court 

23 as a contempt of that court.’’. 


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

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

3 is amended by adding at the end the following: 

4 ‘‘(e) ISSUANCE OF SUBPOENAS.— 

5 ‘‘(1) IN GENERAL.—For the purposes of any in6 spection or investigation relating to the import into, 

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

8 wildlife or plants covered under the Lacey Act of 

9 1900 (16 U.S.C. 3371 et seq.) or relating to the 

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

11 interstate or foreign commerce of any such fish or 

12 wildlife or plants imported into or exported from the 

13 United States, the Secretary may issue subpoenas 

14 for the attendance and testimony of witnesses and 

15 the production of any papers, books, or other 

16 records relevant to the subject matter under inves17 tigation. 

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

19 witness summoned under paragraph (1) shall be 

20 paid the same fees and mileage that are paid to wit21 nesses in the courts of the United States. 

22 ‘‘(3) REFUSAL TO OBEY SUBPOENAS.— 

23 ‘‘(A) IN GENERAL.—In the case of a con24 tumacy or refusal to obey a subpoena served on 

25 any person pursuant to this subsection, the disVerDate Sep 11 2014 02:49 Nov 16, 2021 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3211.IS S3211

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1 trict court of the United States for any judicial 

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

3 transacts business, on application by the United 

4 States and after notice to that person, shall 

5 have jurisdiction to issue an order requiring 

6 that person to appear and give testimony before 

7 the Secretary, to appear and produce docu8 ments before the Secretary, or both. 

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

10 obey an order issued by a court under subpara11 graph (A) may be punished by that court as a 

12 contempt of that court.’’. 

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

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

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

16 668(b)) (commonly known as the ‘‘Bald and Golden 

17 Eagle Protection Act’’), is amended— 

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

19 and inserting the following: 

20 ‘‘(b) CIVIL PENALTIES.— 

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

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

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

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

25 proceedings for the assessment of civil penalties 


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1 under paragraph (1) shall be conducted in ac2 cordance with section 554 of title 5, United 

3 States Code. 

4 ‘‘(B) ISSUANCE OF SUBPOENAS.— 

5 ‘‘(i) IN GENERAL.—For purposes of 

6 any hearing held during proceedings for 

7 the assessment of civil penalties under 

8 paragraph (1), the Secretary may issue 

9 subpoenas for the attendance and testi10 mony of witnesses and the production of 

11 relevant papers, books, and documents, 

12 and may administer oaths. 

13 ‘‘(ii) FEES AND MILEAGE FOR WIT14 NESSES.—A witness summoned pursuant 

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

16 and mileage that are paid to witnesses in 

17 the courts of the United States. 

18 ‘‘(iii) REFUSAL TO OBEY SUB19 POENAS.— 

20 ‘‘(I) IN GENERAL.—In the case 

21 of a contumacy or refusal to obey a 

22 subpoena served on any person pursu23 ant to this subparagraph, the district 

24 court of the United States for any ju25 dicial district in which the person is 


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1 found, resides, or transacts business, 

2 on application by the United States 

3 and after notice to that person, shall 

4 have jurisdiction to issue an order re5 quiring that person to appear and give 

6 testimony before the Secretary, to ap7 pear and produce documents before 

8 the Secretary, or both. 

9 ‘‘(II) FAILURE TO OBEY.—Any 

10 failure to obey an order issued by a 

11 court under subclause (I) may be pun12 ished by that court as a contempt of 

13 that court.’’. 

14 (2) INVESTIGATORY SUBPOENAS.—Section 3 of 

15 the Act of June 8, 1940 (16 U.S.C. 668b) (com16 monly known as the ‘‘Bald and Golden Eagle Pro17 tection Act’’), is amended by adding at the end the 

18 following: 

19 ‘‘(d) ISSUANCE OF SUBPOENAS.— 

20 ‘‘(1) IN GENERAL.—For the purposes of any in21 spection or investigation relating to the import into 

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

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

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

25 Secretary may issue subpoenas for the attendance 


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1 and testimony of witnesses and the production of 

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

3 subject matter under investigation. 

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

5 witness summoned under paragraph (1) shall be 

6 paid the same fees and mileage that are paid to wit7 nesses in the courts of the United States. 

8 ‘‘(3) REFUSAL TO OBEY SUBPOENAS.— 

9 ‘‘(A) IN GENERAL.—In the case of a con10 tumacy or refusal to obey a subpoena served on 

11 any person pursuant to this subsection, the dis12 trict court of the United States for any judicial 

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

14 transacts business, on application by the United 

15 States and after notice to that person, shall 

16 have jurisdiction to issue an order requiring 

17 that person to appear and give testimony before 

18 the Secretary, to appear and produce docu19 ments before the Secretary, or both. 

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

21 obey an order issued by a court under subpara22 graph (A) may be punished by that court as a 

23 contempt of that court.’’. 

Æ 


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