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 Mr. CORKER, 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 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 ‘‘Global Anti-Poaching 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Poaching and the illicit trade in endangered 

2 and threatened wildlife are among the most lucrative 

3 criminal activities worldwide, worth an estimated $7 

4 to $10 billion annually. 

5 (2) Poaching and wildlife trafficking have esca6 lated in scale, sophistication and violence, risking the 

7 potential extinction of some of the world’s most 

8 iconic species. 

9 (3) Wildlife poaching and trafficking threaten 

10 elephants, rhinoceros, and tigers greatly, but also 

11 have devastating impact on a number of other spe12 cies, including sharks, great apes, and turtles. 

13 (4) The high demand for rare wildlife products 

14 has driven prices to historically high levels. 

15 (5) Much of the demand for wildlife products 

16 comes from Asia and is fueled by the perceived me17 dicinal value and social status associated with these 

18 products. 

19 (6) Reporting indicates that a number of rebel 

20 groups and terrorist organizations, including Su21 dan’s Janjaweed militia, the Lord’s Resistance 

22 Army, the Seleka rebel movement in the Central Af23 rican Republic, and Somalia’s al-Shabaab, either 

24 participate in or draw funding from illicit wildlife 

25 trafficking networks. 


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1 (7) Analyses suggest the high demand for ille2 gal wildlife products, combined with weak law en3 forcement and security measures and corruption and 

4 governance failures, has led to the increased involve5 ment of transnational organized crime in wildlife 

6 trafficking. 

7 (8) The United Nations Security Council has 

8 authorized multilateral sanctions against individuals 

9 and entities supporting armed groups through the il10 licit trade in wildlife, in addition to other natural re11 sources, in the Democratic Republic of Congo and 

12 the Central African Republic. 

13 (9) A National Intelligence Council analysis of 

14 wildlife poaching threats found that certain African 

15 government officials facilitated the movement of 

16 wildlife products, and that these governments’ ability 

17 to reduce poaching and trafficking was hindered by 

18 corruption and weak rule of law. 

19 (10) On November 13, 2013, the Secretary of 

20 State announced the first reward under the 

21 Transnational Organized Crime Rewards Program 

22 for information leading to the dismantling of the 

23 Xaysavang Network, a large wildlife trafficking syn24 dicate that is based in Laos and spans Africa and 

25 Asia. 


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1 SEC. 3. EXPANSION OF WILDLIFE ENFORCEMENT NET2 WORKS. 

3 (a) FINDINGS.—Congress finds the following: 

4 (1) Wildlife enforcement networks are govern5 ment-led, regionally-focused mechanisms that in6 crease capacity and coordination efforts between law 

7 enforcement, environmental agencies, and other enti8 ties focused on countering wildlife trafficking of 

9 member countries. 

10 (2) Currently there are active wildlife enforce11 ment networks in Southeast Asia, South Asia, and 

12 Central America. The more mature wildlife enforce13 ment networks, such as the Southeast Asia wildlife 

14 enforcement network, have proven effective in dis15 mantling transnational wildlife trafficking networks 

16 and bringing to justice those individuals involved in 

17 the illegal trade of endangered and threatened spe18 cies. 

19 (3) Efforts are underway to establish additional 

20 wildlife enforcement networks in Central Africa, the 

21 Horn of Africa, South America, and Central and 

22 West Asia, among other regions. 

23 (b) STATEMENT OF POLICY.—The Secretary of 

24 State, the Administrator of the United States Agency for 

25 International Development, the Director of the United 

26 States Fish and Wildlife Service, and heads of other apVerDate Sep 11 2014 23:33 May 09, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\H2494.RS H2494

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1 propriate agencies should, in an effort to address regional 

2 threats to biodiversity and conservation, support strength3 ening existing wildlife enforcement networks and the es4 tablishment of new networks in other appropriate regions. 

5 (c) SENSE OF CONGRESS.—It is the sense of Con6 gress that in the process of strengthening and expanding 

7 wildlife enforcement networks, the appropriate agencies 

8 should— 

9 (1) assess the existing capacity of wildlife en10 forcement network member countries to gather base11 line data that may be used for developing program 

12 activities for the wildlife enforcement network; 

13 (2) establish a central secretariat within each 

14 wildlife enforcement network that will coordinate the 

15 operational mechanisms of each such network; 

16 (3) establish a focal mechanism in each member 

17 country of a wildlife enforcement network, that in18 cludes representatives from environmental and wild19 life protection agencies, law enforcement agencies, fi20 nancial intelligence units, customs and border pro21 tection agencies, and the judiciary system, that will 

22 serve as a conduit to the larger wildlife enforcement 

23 network and the central secretariat; 


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1 (4) strengthen cooperation and the capacity of 

2 law enforcement agencies of the wildlife enforcement 

3 network; 

4 (5) facilitate the sharing of intelligence and rel5 evant case information within the agencies of a wild6 life enforcement network; 

7 (6) support the cooperation and coordination 

8 between different regional wildlife enforcement net9 works; 

10 (7) incorporate and utilize expertise from inter11 national bodies and civil society organizations that 

12 have appropriate subject matter expertise; 

13 (8) eventually create an institutionalized, sus14 tainable, and self-sufficient platform; and 

15 (9) recognize that lawful, well regulated hunting 

16 can contribute to sustainability and economic devel17 opment, and that enforcement policies should not 

18 discourage or impede this activity. 

19 SEC. 4. SUPPORTING THE PROFESSIONALIZATION OF THE 

20 WILDLIFE LAW ENFORCEMENT SECTOR. 

21 The Secretary of State, the Administrator of the 

22 United States Agency for International Development, the 

23 Director of the United States Fish and Wildlife Service, 

24 and heads of other appropriate agencies, including the Na25 tional Park Service and the United States Forest Service, 


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1 should, in an effort to address local and regional threats 

2 to biodiversity and conservation and support the rule of 

3 law and good governance, promote the professionalization 

4 of the wildlife law enforcement sector and professional 

5 ranger training in partner countries through support and 

6 technical assistance for the following: 

7 (1) The creation and adoption of standards for 

8 professional ranger training and qualifications, in9 cluding in relevant international fora and multilat10 eral agreements. 

11 (2) Training and accreditation systems based 

12 on the standards described in paragraph (1) that 

13 produce professionally trained and qualified rangers 

14 and promote the overall professionalization of ranger 

15 forces, whether through existing United States insti16 tutions, such as International Law Enforcement 

17 Academies, or through partnerships with national or 

18 regional training institutions. 

19 (3) Legal reforms, where necessary, to provide 

20 rangers with authority to detain and arrest suspects, 

21 process crime scenes, present evidence in court, and 

22 defend themselves in life threatening situations. 

23 (4) The development and institutionalization of 

24 reward and promotion systems for rangers based on 

25 performance and set competencies. 


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1 (5) The development and institutionalization of 

2 national systems to provide insurance to rangers and 

3 their families and compensation for those rangers 

4 killed in the line of duty. 

5 (6) Cooperation and coordination between local 

6 law enforcement tasked with wildlife or park protec7 tion and local defense forces, where appropriate, in8 cluding training opportunities, logistical support, or 

9 provision of equipment. 

10 SEC. 5. DESIGNATION OF MAJOR WILDLIFE TRAFFICKING 

11 COUNTRIES AND AUTHORITY TO WITHHOLD 

12 CERTAIN ASSISTANCE. 

13 (a) REPORT.—Not later than September 15 of each 

14 year, the Secretary of State, in consultation with the Sec15 retary of the Interior and the Secretary of Commerce, 

16 shall submit to Congress a report that lists each foreign 

17 country determined to be a major source of wildlife traf18 ficking products or their derivatives, a major transit point 

19 of wildlife trafficking products or their derivatives, or a 

20 major consumer of wildlife trafficking products or their 

21 derivatives. 

22 (b) SPECIAL DESIGNATION.—In each report required 

23 under subsection (a), the Secretary of State, in consulta24 tion with the Secretary of Interior and the Secretary of 

25 Commerce, shall— 


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1 (1) designate each country listed in the report 

2 that has failed demonstrably, during the previous 

3 12-month period, to make substantial efforts to ad4 here to its obligations under international agree5 ments relating to endangered or threatened species; 

6 and 

7 (2) include a short justification for each deter8 mination made under paragraph (1). 

9 (c) WITHHOLDING OF ASSISTANCE.—The Secretary 

10 of State may withhold assistance described in subsection 

11 (d) with respect to each foreign country that is specially 

12 designated under subsection (b). 

13 (d) ASSISTANCE DESCRIBED.—The assistance de14 scribed in this subsection are sections 516, 524, and 541 

15 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j, 

16 2344, or 2347), chapter 6 of part II of the Foreign Assist17 ance Act of 1961 (22 U.S.C. 2348 et seq.), and section 

18 23 of the Arms Export Control Act (22 U.S.C. 2763). 

19 (e) NOTIFICATION.—The Secretary of State shall no20 tify— 

21 (1) the government of each foreign country that 

22 is listed in the report required under subsection (a) 

23 that the country has been so listed; and 

24 (2) the government of each foreign country that 

25 is specially designated under subsection (b) and is 


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1 subject to the withholding of assistance described in 

2 subsection (c). 

3 (f) REPORTING COST OFFSET.—Section 8 of Public 

4 Law 107–245 (50 U.S.C. 1701 note) is repealed. 

5 (g) SUNSET.—This section shall terminate on the 

6 date that is 5 years after the date of the enactment of 

7 this Act. 

8 SEC. 6. SENSE OF CONGRESS REGARDING SECURITY AS9 SISTANCE TO COUNTER WILDLIFE TRAF10 FICKING AND POACHING IN AFRICA. 

11 It is the sense of Congress that the United States 

12 should continue to provide defense articles (not including 

13 significant military equipment), defense services, and re14 lated training to appropriate security forces of countries 

15 of Africa for the purposes of countering wildlife trafficking 

16 and poaching. 

17 SEC. 7. UPDATES TO THE FISHERMEN’S PROTECTIVE ACT 

18 OF 1967. 

19 Section 8 of the Fishermen’s Protective Act of 1967 

20 (22 U.S.C. 1978) is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (1), by inserting ‘‘, in 

23 consultation with the Secretary of State,’’ after 

24 ‘‘Secretary of Commerce’’; 


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1 (B) in paragraph (2), by inserting ‘‘, in 

2 consultation with the Secretary of State,’’ be3 fore ‘‘finds’’; 

4 (C) in paragraph (3), by inserting ‘‘in con5 sultation with the Secretary of State,’’ after ‘‘, 

6 as appropriate,’’; 

7 (D) by redesignating paragraph (4) as 

8 paragraph (5), and by inserting after paragraph 

9 (3) the following: 

10 ‘‘(4) The Secretary of Commerce and the Secretary 

11 of the Interior shall each report to the Congress each cer12 tification to the President made by such Secretary under 

13 this subsection, within 15 days after making such certifi14 cation.’’; and 

15 (2) in subsection (d), by inserting ‘‘in consulta16 tion with the Secretary of State,’’ after ‘‘as the case 

17 may be,’’. 

18 SEC. 8. WILDLIFE TRAFFICKING VIOLATIONS AS PREDI19 CATE OFFENSES UNDER RACKETEERING AND 

20 MONEY LAUNDERING STATUTES. 

21 (a) TRAVEL ACT.—Section 1952 of title 18, United 

22 States Code, is amended— 

23 (1) in subsection (b)— 

24 (A) by striking ‘‘or (3)’’ and inserting 

25 ‘‘(3)’’; and 


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1 (B) by striking ‘‘of this title and (ii)’’ and 

2 inserting the following: ‘‘of this title, or (4) any 

3 act that is a criminal violation of section 

4 9(a)(1) of the Endangered Species Act of 1973 

5 (16 U.S.C. 1538(a)(1)), section 2203 of the Af6 rican Elephant Conservation Act (16 U.S.C. 

7 4223), or section 7(a) of the Rhinoceros and 

8 Tiger Conservation Act of 1994 (16 U.S.C. 

9 5305a(a)), if the endangered or threatened spe10 cies, products, items, or substances involved in 

11 the violation and relevant conduct, as applica12 ble, have a total value of more than $10,000 

13 and (ii)’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(f) USE OF AMOUNTS FROM FINES, FORFEITURES, 

16 AND RESTITUTION RELATING TO WILDLIFE TRAF17 FICKING VIOLATIONS.—Any amounts received by the 

18 United States as fines, forfeitures of property or assets, 

19 or restitution to the Government for any violation under 

20 this section that involves an unlawful activity described in 

21 subsection (b)(i)(4) shall be transferred by the Secretary 

22 of the Treasury, to the extent practicable, to the Multi23 national Species Conservation Fund and used as provided 

24 in advance in appropriations Acts for the benefit of the 

25 species impacted by the applicable violation.’’. 


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1 (b) MONEY LAUNDERING.—Section 1956 of title 18, 

2 United States Code, is amended— 

3 (1) in subsection (c)(7)— 

4 (A) in subparagraph (E), by striking ‘‘or’’ 

5 at the end; 

6 (B) in subparagraph (F), by adding ‘‘or’’ 

7 at the end; and 

8 (C) by adding at the end the following: 

9 ‘‘(G) any act or acts constituting a crimi10 nal violation of section 9(a)(1) of the Endan11 gered Species Act of 1973 (16 U.S.C. 

12 1538(a)(1)), section 2203 of the African Ele13 phant Conservation Act (16 U.S.C. 4223), or 

14 section 7(a) of the Rhinoceros and Tiger Con15 servation Act of 1994 (16 U.S.C. 5305a(a)), if 

16 the endangered or threatened species, products, 

17 items, or substances involved in the violation 

18 and relevant conduct, as applicable, have a total 

19 value of more than $10,000;’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(j) USE OF AMOUNTS FROM CIVIL PENALTIES, 

22 FINES, FORFEITURES, AND RESTITUTION RELATING TO

23 WILDLIFE TRAFFICKING VIOLATIONS.—Any amounts re24 ceived by the United States as fines, forfeitures of prop25 erty or assets, or restitution to the Government for any 


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1 violation under this section that involves an unlawful activ2 ity described in subsection (c)(7)(G) shall be transferred 

3 by the Secretary of the Treasury, to the extent practicable, 

4 to the Multinational Species Conservation Fund and used 

5 as provided in advance in appropriations Acts for the ben6 efit of the species impacted by the applicable violation.’’. 

7 (c) RICO.—Chapter 96 of title 18, United States 

8 Code, is amended— 

9 (1) in section 1961(1)— 

10 (A) by striking ‘‘or (G)’’ and inserting 

11 ‘‘(G)’’; and 

12 (B) by inserting before the semicolon at 

13 the end the following: ‘‘, or (H) any act consti14 tuting a criminal violation of section 9(a)(1) of 

15 the Endangered Species Act of 1973 (16 U.S.C. 

16 1538(a)(1)), section 2203 of the African Ele17 phant Conservation Act (16 U.S.C. 4223), or 

18 section 7(a) of the Rhinoceros and Tiger Con19 servation Act of 1994 (16 U.S.C. 5305a(a)), if 

20 the endangered or threatened species, products, 

21 items, or substances involved in the violation 

22 and relevant conduct, as applicable, have a total 

23 value of more than $10,000’’; and 

24 (2) in section 1963, by adding at the end the 

25 following: 


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1 ‘‘(n) USE OF AMOUNTS FROM FINES, FORFEITURES, 

2 AND RESTITUTION RELATING TO WILDLIFE TRAF3 FICKING VIOLATIONS.—Any amounts received by the 

4 United States as fines, forfeitures of property or assets, 

5 or restitution to the Government for any violation under 

6 section 1962 that is based on racketeering activity de7 scribed in section 1961(1)(H) shall be transferred by the 

8 Secretary of the Treasury, to the extent practicable, to the 

9 Multinational Species Conservation Fund and used as pro10 vided in advance in appropriations Acts for the benefit of 

11 the species impacted by the applicable violation.’’. 

12 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 (1) USE OF AMOUNTS FROM FINES.—Section 

14 1402(b)(1)(A) of the Victims of Crime Act of 1984 

15 (42 U.S.C. 10601(b)(1)(A)) is amended— 

16 (A) in clause (i), by striking ‘‘and’’ at the 

17 end; and 

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

19 ‘‘(iii) sections 1952(f), 1956(j), and 

20 1963(n) of title 18, United States Code; 

21 and’’. 

22 (2) USE OF AMOUNTS FROM FORFEITURES.— 

23 Section 524(c)(4)(A) of title 28, United States Code, 

24 is amended by inserting before ‘‘or the Postmaster 


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1 General’’ the following: ‘‘or section 1952(f), 1956(j), 

2 or 1963(n) of title 18,’’. 

3 SEC. 9. OTHER ACTIONS RELATING TO WILDLIFE TRAF4 FICKING PROGRAMS. 

5 It is the sense of Congress that the Secretary of State 

6 should dedicate sufficient program resources to— 

7 (1) conduct monitoring and evaluation, with a 

8 special emphasis where feasible on impact evalua9 tions, of wildlife trafficking programs consistent with 

10 the Department of State’s January 2015 Evaluation 

11 Policy; 

12 (2) publish program information on wildlife 

13 trafficking programs on the Department of State’s 

14 Internet website, ‘‘ForeignAssistance.gov’’ in a dig15 ital format consistent with the United States com16 mitment to the International Aid Transparency Ini17 tiative (IATI); and 

18 (3) develop and implement a learning agenda to 

19 improve the performance and impact of wildlife traf20 ficking programs and to share best practices among 

21 relevant executive branch agencies. 

22 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

23 (a) SHORT TITLE.—This Act may be cited as the 

24 ‘‘Eliminate, Neutralize, and Disrupt Wildlife Trafficking 

25 Act of 2016’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional commit7 tees’’ means— 

8 (A) the Committee on Foreign Relations 

9 and the Committee on Appropriations of the 

10 Senate; and 


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1 (B) the Committee on Foreign Affairs and 

2 the Committee on Appropriations of the House of 

3 Representatives. 

4 (2) CO-CHAIRS OF THE TASK FORCE.—The term 

5 ‘‘Co-Chairs of the Task Force’’ means the Secretary of 

6 State, the Secretary of the Interior, and the Attorney 

7 General, as established pursuant to Executive Order 

8 13648. 

9 (3) COMMUNITY CONSERVATION .—The term 

10 ‘‘community conservation’’ means an approach to 

11 conservation that recognizes the rights of local people 

12 to sustainably manage, or benefit directly and indi13 rectly from wildlife and other natural resources and 

14 includes— 

15 (A) devolving management and governance 

16 to local communities to create positive conditions 

17 for sustainable resource use; and 

18 (B) building the capacity of communities 

19 for conservation and natural resource manage20 ment. 

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

22 of concern’’ refers to a foreign country specially des23 ignated by the Secretary of State pursuant to sub24 section (b) of section 201 as a major source of wildlife 

25 trafficking products or their derivatives, a major 


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1 transit point of wildlife trafficking products or their 

2 derivatives, or a major consumer of wildlife traf3 ficking products, in which the government has ac4 tively engaged in or knowingly profited from the traf5 ficking of endangered or threatened species. 

6 (5) FOCUS COUNTRY.—The term ‘‘focus country’’ 

7 refers to a foreign country determined by the Sec8 retary of State to be 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. 

13 (6) DEFENSE ARTICLE; DEFENSE SERVICE; SIG14 NIFICANT MILITARY EQUIPMENT; TRAINING.—The 

15 terms ‘‘defense article’’, ‘‘defense service’’, ‘‘significant 

16 military equipment’’, and ‘‘training’’ have the mean17 ings given such terms in section 47 of the Arms Ex18 port Control Act (22 U.S.C. 2794). 

19 (7) IMPLEMENTATION PLAN.—The term ‘‘Imple20 mentation Plan’’ means the Implementation Plan for 

21 the National Strategy for Combating Wildlife Traf22 ficking released on February 11, 2015, a modification 

23 of that plan, or a successor plan. 

24 (8) NATIONAL STRATEGY.—The term ‘‘National 

25 Strategy’’ means the National Strategy for Combating 


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1 Wildlife Trafficking published on February 11, 2014, 

2 a modification of that strategy, or a successor strat3 egy. 

4 (9) NATIONAL WILDLIFE SERVICES.—The term 

5 ‘‘national wildlife services’’ refers to the ministries 

6 and government bodies designated to manage matters 

7 pertaining to wildlife management, including poach8 ing or trafficking, in a focus country. 

9 (10) SECURITY FORCE.—The term ‘‘security 

10 force’’ means a military, law enforcement, gendar11 merie, park ranger, or any other security force with 

12 a responsibility for protecting wildlife and natural 

13 habitats. 

14 (11) TASK FORCE.—The term ‘‘Task Force’’ 

15 means the Presidential Task Force on Wildlife Traf16 ficking, as established by Executive Order 13648 (78 

17 Fed. Reg. 40621) and modified by section 201. 

18 (12) WILDLIFE TRAFFICKING.—The term ‘‘wild19 life trafficking’’ refers to the poaching or other illegal 

20 taking of protected or managed species and the illegal 

21 trade in wildlife and their related parts and products. 

22 TITLE I—PURPOSES AND POLICY 

23 SEC. 101. PURPOSES. 

24 The purposes of this Act are— 


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1 (1) to support a collaborative, interagency ap2 proach to address wildlife trafficking; 

3 (2) to protect and conserve the remaining popu4 lations of wild elephants, rhinoceroses, and other spe5 cies threatened by poaching and the illegal wildlife 

6 trade; 

7 (3) to disrupt regional and global transnational 

8 organized criminal networks and to prevent the ille9 gal wildlife trade from being used as a source of fi10 nancing for criminal groups that undermine United 

11 States and global security interests; 

12 (4) to prevent wildlife poaching and trafficking 

13 from being a means to make a living in focus coun14 tries; 

15 (5) to support the efforts of, and collaborate with, 

16 individuals, communities, local organizations, and 

17 foreign governments to combat poaching and wildlife 

18 trafficking; 

19 (6) to assist focus countries in implementation of 

20 national wildlife anti-trafficking and poaching laws; 

21 and 

22 (7) to ensure that United States assistance to 

23 prevent and suppress illicit wildlife trafficking is 

24 carefully planned and coordinated, and that it is sys25 tematically and rationally prioritized on the basis of 


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1 detailed analysis of the nature and severity of threats 

2 to wildlife and the willingness and ability of foreign 

3 partners to cooperate effectively toward these ends. 

4 SEC. 102. STATEMENT OF UNITED STATES POLICY. 

5 It is the policy of the United States— 

6 (1) to take immediate actions to stop the illegal 

7 global trade in wildlife and wildlife products and as8 sociated transnational organized crime; 

9 (2) to provide technical and other forms of as10 sistance to help focus countries halt the poaching of 

11 elephants, rhinoceroses, and other imperiled species 

12 and end the illegal trade in wildlife and wildlife 

13 products, including by providing training and assist14 ance in— 

15 (A) wildlife protection and management of 

16 wildlife populations; 

17 (B) anti-poaching and effective manage18 ment of protected areas including community 

19 managed and privately-owned lands; 

20 (C) local engagement of security forces in 

21 anti-poaching responsibilities, where appro22 priate; 

23 (D) wildlife trafficking investigative tech24 niques, including forensic tools; 

25 (E) transparency and corruption issues; 


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1 (F) management, tracking, and inventory of 

2 confiscated wildlife contraband; 

3 (G) demand reduction strategies in coun4 tries that lack the means and resources to con5 duct them; and 

6 (H) bilateral and multilateral agreements 

7 and cooperation; 

8 (3) to employ appropriate assets and resources of 

9 the United States Government in a coordinated man10 ner to curtail poaching and disrupt and dismantle il11 legal wildlife trade networks and the financing of 

12 those networks in a manner appropriate for each 

13 focus country; 

14 (4) to build upon the National Strategy and Im15 plementation Plan to further combat wildlife traf16 ficking in a holistic manner and guide the response 

17 of the United States Government to ensure progress in 

18 the fight against wildlife trafficking; and 

19 (5) to recognize the ties of wildlife trafficking to 

20 broader forms of transnational organized criminal ac21 tivities, including trafficking, and where applicable, 

22 to focus on those crimes in a coordinated, cross-cut23 ting manner. 


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1 TITLE II—REPORT ON MAJOR 

2 WILDLIFE TRAFFICKING 

3 COUNTRIES 

4 SEC. 201. REPORT. 

5 (a) REPORT.—Not later than one year after the date 

6 of the enactment of this Act, and annually thereafter, the 

7 Secretary of State, in consultation with the Secretary of 

8 the Interior and the Secretary of Commerce, shall submit 

9 to Congress a report that lists each country determined by 

10 the Secretary of State to be a focus country within the 

11 meaning of this Act. 

12 (b) SPECIAL DESIGNATION.—In each report required 

13 under subsection (a), the Secretary of State, in consultation 

14 with the Secretary of the Interior and the Secretary of Com15 merce, shall identify each country listed in the report that 

16 also constitutes a country of concern (as defined in section 

17 2(4)) . 

18 (c) SUNSET.—This section shall terminate on the date 

19 that is 5 years after the date of the enactment of this Act. 

20 TITLE III—FRAMEWORK FOR 

21 INTERAGENCY RESPONSE 

22 SEC. 301. PRESIDENTIAL TASK FORCE ON WILDLIFE TRAF23 FICKING. 

24 (a) RESPONSIBILITIES.—In addition to the functions 

25 required by Executive Order 13648 (78 Fed. Reg. 40621), 


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1 the Task Force shall be informed by the Secretary of State’s 

2 annual report required under section 201 and considering 

3 all available information, ensure that relevant United 

4 States Government agencies— 

5 (1) collaborate, to the greatest extent practicable, 

6 with the national wildlife services, or other relevant 

7 bodies of each focus country to prepare, not later than 

8 90 days after the date of submission of the report re9 quired under section 201(a), a United States mission 

10 assessment of the threats to wildlife in that focus 

11 country and an assessment of the capacity of that 

12 country to address wildlife trafficking; 

13 (2) collaborate, to the greatest extent practicable, 

14 with relevant ministries, national wildlife services, or 

15 other relevant bodies of each focus country to prepare, 

16 not later than 180 days after preparation of the as17 sessment referred to in paragraph (1), a United 

18 States mission strategic plan that includes rec19 ommendations for addressing wildlife trafficking, tak20 ing into account any regional or national strategies 

21 for addressing wildlife trafficking in a focus country 

22 developed before the preparation of such assessment; 

23 (3) coordinate efforts among United States Fed24 eral agencies and non-Federal partners, including 

25 missions, domestic and international organizations, 


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1 the private sector, and other global partners, to imple2 ment the strategic plans required by paragraph (2) in 

3 each focus country; 

4 (4) not less frequently than annually, consult 

5 and coordinate with stakeholders qualified to provide 

6 advice, assistance, and information regarding effective 

7 support for anti-poaching activities, coordination of 

8 regional law enforcement efforts, development of and 

9 support for effective legal enforcement mechanisms, 

10 and development of strategies to reduce illicit trade 

11 and reduce consumer demand for illegally traded 

12 wildlife and wildlife products, and other relevant top13 ics under this Act; and 

14 (5) coordinate or carry out other functions as 

15 are necessary to implement this Act. 

16 (b) DUPLICATION AND EFFICIENCY.—The Task Force 

17 shall— 

18 (1) ensure that the activities of the Federal agen19 cies involved in carrying out efforts under this Act 

20 are coordinated and not duplicated; and 

21 (2) encourage efficiencies and coordination 

22 among the efforts of Federal agencies and interagency 

23 initiatives ongoing as of the date of the enactment of 

24 this Act to address trafficking activities, including 

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1 cotics, illegal trade, transnational organized crime, or 

2 other illegal activities. 

3 (c) CONSISTENCY WITH AGENCY RESPONSIBILITIES.— 

4 The Task Force shall carry out its responsibilities under 

5 this Act in a manner consistent with the authorities and 

6 responsibilities of agencies represented on the Task Force. 

7 (d) TASK FORCE STRATEGIC REVIEW.—One year after 

8 the date of the enactment of this Act, and annually there9 after, the Task Force shall submit a strategic assessment 

10 of its work and provide a briefing to the appropriate con11 gressional committees that shall include— 

12 (1) a review and assessment of the Task Force’s 

13 implementation of this Act, identifying successes, fail14 ures, and gaps in its work, or that of agencies rep15 resented on the Task Force, including detailed de16 scriptions of— 

17 (A) what approaches, initiatives, or pro18 grams have succeeded best in increasing the will19 ingness and capacity of focus countries to sup20 press and prevent illegal wildlife trafficking, and 

21 what approaches, initiatives, or programs have 

22 not succeeded as well as hoped; and 

23 (B) which foreign governments subject to 

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1 pressing and preventing illegal wildlife traf2 ficking, which focus countries have not proven to 

3 be so, and what factors contributed to these re4 sults in each country discussed; 

5 (2) a description of each Task Force member 

6 agency’s priorities and objectives for combating wild7 life trafficking; 

8 (3) an account of total United States funding 

9 each year since fiscal year 2014 for all government 

10 agencies and programs involved in countering poach11 ing and wildlife trafficking; 

12 (4) an account of total United States funding 

13 since fiscal year 2014 to support the activities of the 

14 Task Force, including administrative overhead costs 

15 and congressional reporting; and 

16 (5) recommendations for how to improve United 

17 States and international efforts to suppress and pre18 vent illegal wildlife trafficking in the future, based 

19 upon the Task Force’s experience as of the time of the 

20 review. 

21 (e) TERMINATION OF TASK FORCE.—The statutory au22 thorization for the Task Force provided by this Act shall 

23 terminate 5 years after the date of the enactment of this 

24 Act or such earlier date that the President terminates the 


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1 Task Force by rescinding, superseding, or otherwise modi2 fying relevant portions of Executive Order 13648. 

3 TITLE IV—PROGRAMS TO AD4 DRESS THE ESCALATING 

5 WILDLIFE TRAFFICKING CRI6 SIS 

7 SEC. 401. ANTI-POACHING PROGRAMS. 

8 (a) WILDLIFE LAW ENFORCEMENT PROFESSIONAL

9 TRAINING AND COORDINATION ACTIVITIES.—The Secretary 

10 of State and the Administrator of the United States Agency 

11 for International Development, in collaboration with the 

12 heads of other relevant United States agencies and non13 governmental partners where appropriate, may provide as14 sistance to focus countries to carry out the recommendations 

15 made in the strategic plan required by section 301(a)(2), 

16 among other goals, to improve the effectiveness of wildlife 

17 law enforcement in regions and countries that have dem18 onstrated capacity, willingness, and need for assistance. 

19 (b) AUTHORITY TO PROVIDE SECURITY ASSISTANCE

20 TO COUNTER WILDLIFE TRAFFICKING AND POACHING.— 

21 (1) IN GENERAL.—The President is authorized to 

22 provide defense articles, defense services, and related 

23 training to security forces of focus countries for the 

24 purpose of countering wildlife trafficking and poach25 ing where appropriate. 


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1 (2) TYPES OF ASSISTANCE.— 

2 (A) IN GENERAL.—Assistance provided 

3 under paragraph (1) may include intelligence 

4 and surveillance assets, communications and 

5 electronic equipment, mobility assets, night vi6 sion and thermal imaging devices, and organiza7 tional clothing and individual equipment, pur8 suant to the applicable provision of the Arms 

9 Export Control Act (22 U.S.C. 2751 et seq.) or 

10 the Foreign Assistance Act of 1961 (22 U.S.C. 

11 2151 et seq.). 

12 (B) LIMITATION.—Assistance provided 

13 under paragraph (1) may not include significant 

14 military equipment. 

15 (3) SPECIAL RULE.—Assistance provided under 

16 paragraph (1) shall be in addition to any other as17 sistance provided to the countries under any other 

18 provision of law. 

19 (4) PROHIBITION ON ASSISTANCE.— 

20 (A) IN GENERAL.—No assistance may be 

21 provided under subsection (b) to a unit of a secu22 rity force if the President determines that the 

23 unit has been found to engage in wildlife traf24 ficking or poaching. 


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1 (B) EXCEPTION.—The prohibition in sub2 paragraph (A) shall not apply with respect to a 

3 unit of a security force of a country if the Presi4 dent determines that the government of the coun5 try is taking effective steps to hold the unit ac6 countable and prevent the unit from engaging in 

7 trafficking and poaching. 

8 (5) CERTIFICATION.—With respect to any assist9 ance provided pursuant to this subsection, the Sec10 retary of State shall certify to the Committee on For11 eign Relations of the Senate and the Committee on 

12 Foreign Affairs of the House of Representatives that 

13 such assistance is necessary for the purposes of com14 bating wildlife trafficking. 

15 (6) NOTIFICATION.—Consistent with the require16 ments of the Arms Export Control Act (22 U.S.C. 

17 2751 et seq.) and the Foreign Assistance Act of 1961 

18 (22 U.S.C. 2151 et seq.), the Secretary of State shall 

19 notify the appropriate congressional committees re20 garding defense articles, defense services, and related 

21 training provided under paragraph (1). 

22 SEC. 402. ANTI-TRAFFICKING PROGRAMS. 

23 (a) INVESTIGATIVE CAPACITY BUILDING.—The Sec24 retary of State and the Administrator of the United States 

25 Agency for International Development, in collaboration 


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1 with the heads of other relevant United States agencies and 

2 communities, regions, and governments in focus countries, 

3 may design and implement programs in focus countries to 

4 carry out the recommendations made in the strategic plan 

5 required under section 301(a)(2) among other goals, with 

6 clear and measurable targets and indicators of success, to 

7 increase the capacity of wildlife law enforcement and cus8 toms and border security officers in focus countries. 

9 (b) TRANSNATIONAL PROGRAMS.—The Secretary of 

10 State and the Administrator of the United States Agency 

11 for International Development, in collaboration with other 

12 relevant United States agencies, nongovernmental partners, 

13 and international bodies, and in collaboration with commu14 nities, regions, and governments in focus countries, may de15 sign and implement programs, including support for Wild16 life Enforcement Networks, in focus countries to carry out 

17 the recommendations made in the strategic plan required 

18 under section 301(a)(2), among other goals, to better under19 stand and combat the transnational trade in illegal wild20 life. 

21 SEC. 403. ENGAGEMENT OF UNITED STATES DIPLOMATIC 

22 MISSIONS. 

23 As soon as practicable but not later than 2 years after 

24 the date of the enactment of this Act, each chief of mission 

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1 ommendations contained in the strategic plan required 

2 under section 301(a)(2), among other goals, for the country. 

3 SEC. 404. COMMUNITY CONSERVATION. 

4 The Secretary of State, in collaboration with the 

5 United State Agency for International Development, heads 

6 of other relevant United States agencies, the private sector, 

7 nongovernmental organizations, and other development 

8 partners, may provide support in focus countries to carry 

9 out the recommendations made in the strategic plan re10 quired under section 301(a)(2) as such recommendations re11 late to the development, scaling, and replication of commu12 nity wildlife conservancies and community conservation 

13 programs in focus countries to assist with rural stability 

14 and greater security for people and wildlife, empower and 

15 support communities to manage or benefit from their wild16 life resources sustainably, and reduce the threat of poaching 

17 and trafficking, including through— 

18 (1) promoting conservation-based enterprises and 

19 incentives, such as eco-tourism and sustainable agri20 cultural production, that empower communities to 

21 manage wildlife, natural resources, and community 

22 ventures where appropriate, by ensuring they benefit 

23 from well-managed wildlife populations; 

24 (2) helping create alternative livelihoods to 

25 poaching by mitigating wildlife trafficking, helping 


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1 support rural stability, greater security for people 

2 and wildlife, sustainable economic development, and 

3 economic incentives to conserve wildlife populations; 

4 (3) engaging regional businesses and the private 

5 sector to develop goods and services to aid in anti6 poaching and anti-trafficking measures; 

7 (4) working with communities to develop secure 

8 and safe methods of sharing information with enforce9 ment officials; 

10 (5) providing technical assistance to support sus11 tainable land use plans to improve the economic, en12 vironmental, and social outcomes in community13 owned or -managed lands; 

14 (6) supporting community anti-poaching efforts, 

15 including policing and informant networks; 

16 (7) working with community and national gov17 ernments to develop relevant policy and regulatory 

18 frameworks to enable and promote community con19 servation programs, including supporting law en20 forcement engagement with wildlife protection au21 thorities to promote information-sharing; and 

22 (8) working with national governments to ensure 

23 that communities have timely and effective support 

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1 munities may face when engaging in anti-poaching 

2 and anti-trafficking activities. 

3 TITLE V—TRANSITION OF OVER4 SEAS CONTINGENCY FUND5 ING TO BASE FUNDING 

6 SEC. 501. SENSE OF CONGRESS ON FUNDING. 

7 It is the sense of Congress that the President and Con8 gress should provide for an appropriate and responsible 

9 transition for funding designated for overseas contingency 

10 operations to traditional and regular annual appropria11 tions, including emergency supplemental funding, as ap12 propriate. 

13 TITLE VI—OTHER ACTIONS RE14 LATING TO WILDLIFE TRAF15 FICKING PROGRAMS 

16 SEC. 601. AMENDMENTS TO FISHERMAN’S PROTECTIVE ACT 

17 OF 1967. 

18 Section 8 of the Fisherman’s Protective Act of 1967 

19 (22 U.S.C. 1978) is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (1), by inserting ‘‘, in 

22 consultation with the Secretary of State,’’ after 

23 ‘‘Secretary of Commerce’’; 


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1 (B) in paragraph (2), by inserting ‘‘, in 

2 consultation with the Secretary of State,’’ after 

3 ‘‘Secretary of the Interior’’; 

4 (C) in paragraph (3), by inserting ‘‘in con5 sultation with the Secretary of State,’’ after ‘‘, as 

6 appropriate,’’; 

7 (D) by redesigning paragraph (4) as para8 graph (5); and 

9 (E) by inserting after paragraph (3) the fol10 lowing new paragraph: 

11 ‘‘(4) The Secretary of Commerce and the Sec12 retary of the Interior shall each report to Congress 

13 each certification to the President made by such Sec14 retary under this subsection, within 15 days after 

15 making such certification.’’; and 

16 (2) in subsection (d), by inserting ‘‘in consulta17 tion with the Secretary of State,’’ after ‘‘as the case 

18 may be,’’. 


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Calendar No. 459 

114TH CONGRESS 

2D SESSION H. R. 2494 

AN ACT 

To support global anti-poaching efforts, strengthen 

ficking countries, and for other purposes. life trafficking, designate major wildlife trafthe capacity of partner countries to counter wildMAY 9, 2016 

Reported with an amendment 


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