In the Senate of the United States, 

September 15, 2016. 

Resolved, That the bill from the House of Representatives (H.R. 2494) entitled ‘‘An Act to support global antipoaching efforts, strengthen the capacity of partner countries 

to counter wildlife trafficking, designate major wildlife trafficking countries, and for other purposes.’’, do pass with the 

following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Eliminate, Neutralize, and Disrupt Wildlife Trafficking 

4 Act of 2016’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—PURPOSES AND POLICY 

Sec. 101. Purposes. 
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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—OTHER ACTIONS RELATING TO WILDLIFE TRAFFICKING 

PROGRAMS 

Sec. 501. Amendments to Fisherman’s Protective Act of 1967. 

Sec. 502. Wildlife trafficking violations as predicate offenses under money laundering statute. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional commit5 tees’’ means— 

6 (A) the Committee on Foreign Relations 

7 and the Committee on Appropriations of the 

8 Senate; and 

9 (B) the Committee on Foreign Affairs and 

10 the Committee on Appropriations of the House of 

11 Representatives. 

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

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

14 State, the Secretary of the Interior, and the Attorney 
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1 General, as established pursuant to Executive Order 

2 13648. 

3 (3) COMMUNITY CONSERVATION.—The term 

4 ‘‘community conservation’’ means an approach to 

5 conservation that recognizes the rights of local people 

6 to manage, or benefit directly and indirectly from 

7 wildlife and other natural resources in a long-term 

8 biologically viable manner and includes— 

9 (A) devolving management and governance 

10 to local communities to create positive conditions 

11 for resource use that takes into account current 

12 and future ecological requirements; and 

13 (B) building the capacity of communities 

14 for conservation and natural resource manage15 ment. 

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

17 of concern’’ refers to a foreign country specially des18 ignated by the Secretary of State pursuant to sub19 section (b) of section 201 as a major source of wildlife 

20 trafficking products or their derivatives, a major 

21 transit point of wildlife trafficking products or their 

22 derivatives, or a major consumer of wildlife traf23 ficking products, in which the government has ac24 tively engaged in or knowingly profited from the traf25 ficking of endangered or threatened species. 
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1 (5) FOCUS COUNTRY.—The term ‘‘focus country’’ 

2 refers to a foreign country determined by the Sec3 retary of State to be a major source of wildlife traf4 ficking products or their derivatives, a major transit 

5 point of wildlife trafficking products or their deriva6 tives, or a major consumer of wildlife trafficking 

7 products. 

8 (6) DEFENSE ARTICLE; DEFENSE SERVICE; SIG9 NIFICANT MILITARY EQUIPMENT; TRAINING.—The 

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

11 military equipment’’, and ‘‘training’’ have the mean12 ings given such terms in section 47 of the Arms Ex13 port Control Act (22 U.S.C. 2794). 

14 (7) IMPLEMENTATION PLAN.—The term ‘‘Imple15 mentation Plan’’ means the Implementation Plan for 

16 the National Strategy for Combating Wildlife Traf17 ficking released on February 11, 2015, a modification 

18 of that plan, or a successor plan. 

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

20 Strategy’’ means the National Strategy for Combating 

21 Wildlife Trafficking published on February 11, 2014, 

22 a modification of that strategy, or a successor strat23 egy. 

24 (9) NATIONAL WILDLIFE SERVICES.—The term 

25 ‘‘national wildlife services’’ refers to the ministries 
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1 and government bodies designated to manage matters 

2 pertaining to wildlife management, including poach3 ing or trafficking, in a focus country. 

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

5 force’’ means a military, law enforcement, gendar6 merie, park ranger, or any other security force with 

7 a responsibility for protecting wildlife and natural 

8 habitats. 

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

10 means the Presidential Task Force on Wildlife Traf11 ficking, as established by Executive Order 13648 (78 

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

13 (12) WILDLIFE TRAFFICKING.—The term ‘‘wild14 life trafficking’’ refers to the poaching or other illegal 

15 taking of protected or managed species and the illegal 

16 trade in wildlife and their related parts and products. 

17 TITLE I—PURPOSES AND POLICY 

18 SEC. 101. PURPOSES. 

19 The purposes of this Act are— 

20 (1) to support a collaborative, interagency ap21 proach to address wildlife trafficking; 

22 (2) to protect and conserve the remaining popu23 lations of wild elephants, rhinoceroses, and other spe24 cies threatened by poaching and the illegal wildlife 

25 trade; 
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1 (3) to disrupt regional and global transnational 

2 organized criminal networks and to prevent the ille3 gal wildlife trade from being used as a source of fi4 nancing for criminal groups that undermine United 

5 States and global security interests; 

6 (4) to prevent wildlife poaching and trafficking 

7 from being a means to make a living in focus coun8 tries; 

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

10 individuals, communities, local organizations, and 

11 foreign governments to combat poaching and wildlife 

12 trafficking; 

13 (6) to assist focus countries in implementation of 

14 national wildlife anti-trafficking and poaching laws; 

15 and 

16 (7) to ensure that United States assistance to 

17 prevent and suppress illicit wildlife trafficking is 

18 carefully planned and coordinated, and that it is sys19 tematically and rationally prioritized on the basis of 

20 detailed analysis of the nature and severity of threats 

21 to wildlife and the willingness and ability of foreign 

22 partners to cooperate effectively toward these ends. 

23 SEC. 102. STATEMENT OF UNITED STATES POLICY. 

24 It is the policy of the United States— 
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1 (1) to take immediate actions to stop the illegal 

2 global trade in wildlife and wildlife products and as3 sociated transnational organized crime; 

4 (2) to provide technical and other forms of as5 sistance to help focus countries halt the poaching of 

6 elephants, rhinoceroses, and other imperiled species 

7 and end the illegal trade in wildlife and wildlife 

8 products, including by providing training and assist9 ance in— 

10 (A) wildlife protection and management of 

11 wildlife populations; 

12 (B) anti-poaching and effective manage13 ment of protected areas including community 

14 managed and privately-owned lands; 

15 (C) local engagement of security forces in 

16 anti-poaching responsibilities, where appro17 priate; 

18 (D) wildlife trafficking investigative tech19 niques, including forensic tools; 

20 (E) transparency and corruption issues; 

21 (F) management, tracking, and inventory of 

22 confiscated wildlife contraband; 

23 (G) demand reduction strategies in coun24 tries that lack the means and resources to con25 duct them; and 
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1 (H) bilateral and multilateral agreements 

2 and cooperation; 

3 (3) to employ appropriate assets and resources of 

4 the United States Government in a coordinated man5 ner to curtail poaching and disrupt and dismantle il6 legal wildlife trade networks and the financing of 

7 those networks in a manner appropriate for each 

8 focus country; 

9 (4) to build upon the National Strategy and Im10 plementation Plan to further combat wildlife traf11 ficking in a holistic manner and guide the response 

12 of the United States Government to ensure progress in 

13 the fight against wildlife trafficking; and 

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

15 broader forms of transnational organized criminal ac16 tivities, including trafficking, and where applicable, 

17 to focus on those crimes in a coordinated, cross-cut18 ting manner. 

19 TITLE II—REPORT ON MAJOR 

20 WILDLIFE TRAFFICKING 

21 COUNTRIES 

22 SEC. 201. REPORT. 

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

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

25 Secretary of State, in consultation with the Secretary of 
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1 the Interior and the Secretary of Commerce, shall submit 

2 to Congress a report that lists each country determined by 

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

4 meaning of this Act. 

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

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

7 with the Secretary of the Interior and the Secretary of Com8 merce, shall identify each country of concern listed in the 

9 report the government of which has actively engaged in or 

10 knowingly profited from the trafficking of endangered or 

11 threatened species. 

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

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

14 TITLE III—FRAMEWORK FOR 

15 INTERAGENCY RESPONSE 

16 SEC. 301. PRESIDENTIAL TASK FORCE ON WILDLIFE TRAF17 FICKING. 

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

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

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

21 annual report required under section 201 and considering 

22 all available information, ensure that relevant United 

23 States Government agencies— 

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

25 with the national wildlife services, or other relevant 
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1 bodies of each focus country to prepare, not later than 

2 90 days after the date of submission of the report re3 quired under section 201(a), a United States mission 

4 assessment of the threats to wildlife in that focus 

5 country and an assessment of the capacity of that 

6 country to address wildlife trafficking; 

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

8 with relevant ministries, national wildlife services, or 

9 other relevant bodies of each focus country to prepare, 

10 not later than 180 days after preparation of the as11 sessment referred to in paragraph (1), a United 

12 States mission strategic plan that includes rec13 ommendations for addressing wildlife trafficking, tak14 ing into account any regional or national strategies 

15 for addressing wildlife trafficking in a focus country 

16 developed before the preparation of such assessment; 

17 (3) coordinate efforts among United States Fed18 eral agencies and non-Federal partners, including 

19 missions, domestic and international organizations, 

20 the private sector, and other global partners, to imple21 ment the strategic plans required by paragraph (2) in 

22 each focus country; 

23 (4) not less frequently than annually, consult 

24 and coordinate with stakeholders qualified to provide 

25 advice, assistance, and information regarding effective 
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1 support for anti-poaching activities, coordination of 

2 regional law enforcement efforts, development of and 

3 support for effective legal enforcement mechanisms, 

4 and development of strategies to reduce illicit trade 

5 and reduce consumer demand for illegally traded 

6 wildlife and wildlife products, and other relevant top7 ics under this Act; and 

8 (5) coordinate or carry out other functions as 

9 are necessary to implement this Act. 

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

11 shall— 

12 (1) ensure that the activities of the Federal agen13 cies involved in carrying out efforts under this Act 

14 are coordinated and not duplicated; and 

15 (2) encourage efficiencies and coordination 

16 among the efforts of Federal agencies and interagency 

17 initiatives ongoing as of the date of the enactment of 

18 this Act to address trafficking activities, including 

19 trafficking of wildlife, humans, weapons, and nar20 cotics, illegal trade, transnational organized crime, or 

21 other illegal activities. 

22 (c) CONSISTENCY WITH AGENCY RESPONSIBILITIES.— 

23 The Task Force shall carry out its responsibilities under 

24 this Act in a manner consistent with the authorities and 

25 responsibilities of agencies represented on the Task Force. 
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1 (d) TASK FORCE STRATEGIC REVIEW.—One year after 

2 the date of the enactment of this Act, and annually there3 after, the Task Force shall submit a strategic assessment 

4 of its work and provide a briefing to the appropriate con5 gressional committees that shall include— 

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

7 implementation of this Act, identifying successes, fail8 ures, and gaps in its work, or that of agencies rep9 resented on the Task Force, including detailed de10 scriptions of— 

11 (A) what approaches, initiatives, or pro12 grams have succeeded best in increasing the will13 ingness and capacity of focus countries to sup14 press and prevent illegal wildlife trafficking, and 

15 what approaches, initiatives, or programs have 

16 not succeeded as well as hoped; and 

17 (B) which foreign governments subject to 

18 subsections (a) and (b) of section 201 have prov19 en to be the most successful partners in sup20 pressing and preventing illegal wildlife traf21 ficking, which focus countries have not proven to 

22 be so, and what factors contributed to these re23 sults in each country discussed; 
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1 (2) a description of each Task Force member 

2 agency’s priorities and objectives for combating wild3 life trafficking; 

4 (3) an account of total United States funding 

5 each year since fiscal year 2014 for all government 

6 agencies and programs involved in countering poach7 ing and wildlife trafficking; 

8 (4) an account of total United States funding 

9 since fiscal year 2014 to support the activities of the 

10 Task Force, including administrative overhead costs 

11 and congressional reporting; and 

12 (5) recommendations for how to improve United 

13 States and international efforts to suppress and pre14 vent illegal wildlife trafficking in the future, based 

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

16 review. 

17 (e) TERMINATION OF TASK FORCE.—The statutory au18 thorization for the Task Force provided by this Act shall 

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

20 Act or such earlier date that the President terminates the 

21 Task Force by rescinding, superseding, or otherwise modi22 fying relevant portions of Executive Order 13648. 
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1 TITLE IV—PROGRAMS TO AD2 DRESS THE ESCALATING 

3 WILDLIFE TRAFFICKING CRI4 SIS 

5 SEC. 401. ANTI-POACHING PROGRAMS. 

6 (a) WILDLIFE LAW ENFORCEMENT PROFESSIONAL

7 TRAINING AND COORDINATION ACTIVITIES.—The Secretary 

8 of State and the Administrator of the United States Agency 

9 for International Development, in collaboration with the 

10 heads of other relevant United States agencies and non11 governmental partners where appropriate, may provide as12 sistance to focus countries to carry out the recommendations 

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

14 among other goals, to improve the effectiveness of wildlife 

15 law enforcement in regions and countries that have dem16 onstrated capacity, willingness, and need for assistance. 

17 (b) SENSE OF CONGRESS REGARDING SECURITY AS18 SISTANCE TO COUNTER WILDLIFE TRAFFICKING AND

19 POACHING IN AFRICA.—It is the sense of Congress that the 

20 United States should continue to provide defense articles 

21 (not including significant military equipment), defense 

22 services, and related training to appropriate security forces 

23 of countries of Africa for the purposes of countering wildlife 

24 trafficking and poaching. 
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1 SEC. 402. ANTI-TRAFFICKING PROGRAMS. 

2 (a) INVESTIGATIVE CAPACITY BUILDING.—The Sec3 retary of State and the Administrator of the United States 

4 Agency for International Development, in collaboration 

5 with the heads of other relevant United States agencies and 

6 communities, regions, and governments in focus countries, 

7 may design and implement programs in focus countries to 

8 carry out the recommendations made in the strategic plan 

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

10 clear and measurable targets and indicators of success, to 

11 increase the capacity of wildlife law enforcement and cus12 toms and border security officers in focus countries. 

13 (b) TRANSNATIONAL PROGRAMS.—The Secretary of 

14 State and the Administrator of the United States Agency 

15 for International Development, in collaboration with other 

16 relevant United States agencies, nongovernmental partners, 

17 and international bodies, and in collaboration with commu18 nities, regions, and governments in focus countries, may de19 sign and implement programs, including support for Wild20 life Enforcement Networks, in focus countries to carry out 

21 the recommendations made in the strategic plan required 

22 under section 301(a)(2), among other goals, to better under23 stand and combat the transnational trade in illegal wild24 life. 
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1 SEC. 403. ENGAGEMENT OF UNITED STATES DIPLOMATIC 

2 MISSIONS. 

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

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

5 to a focus country should begin to implement the rec6 ommendations contained in the strategic plan required 

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

8 SEC. 404. COMMUNITY CONSERVATION. 

9 The Secretary of State, in collaboration with the 

10 United State Agency for International Development, heads 

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

12 nongovernmental organizations, and other development 

13 partners, may provide support in focus countries to carry 

14 out the recommendations made in the strategic plan re15 quired under section 301(a)(2) as such recommendations re16 late to the development, scaling, and replication of commu17 nity wildlife conservancies and community conservation 

18 programs in focus countries to assist with rural stability 

19 and greater security for people and wildlife, empower and 

20 support communities to manage or benefit from their wild21 life resources in a long-term biologically viable manner, and 

22 reduce the threat of poaching and trafficking, including 

23 through— 

24 (1) promoting conservation-based enterprises and 

25 incentives, such as eco-tourism and stewardship-ori26 ented agricultural production, that empower commu-
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1 nities to manage wildlife, natural resources, and com2 munity ventures where appropriate, by ensuring they 

3 benefit from well-managed wildlife populations; 

4 (2) helping create alternative livelihoods to 

5 poaching by mitigating wildlife trafficking, helping 

6 support rural stability, greater security for people 

7 and wildlife, responsible economic development, and 

8 economic incentives to conserve wildlife populations; 

9 (3) engaging regional businesses and the private 

10 sector to develop goods and services to aid in anti11 poaching and anti-trafficking measures; 

12 (4) working with communities to develop secure 

13 and safe methods of sharing information with enforce14 ment officials; 

15 (5) providing technical assistance to support 

16 land use stewardship plans to improve the economic, 

17 environmental, and social outcomes in community18 owned or -managed lands; 

19 (6) supporting community anti-poaching efforts, 

20 including policing and informant networks; 

21 (7) working with community and national gov22 ernments to develop relevant policy and regulatory 

23 frameworks to enable and promote community con24 servation programs, including supporting law en-
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1 forcement engagement with wildlife protection au2 thorities to promote information-sharing; and 

3 (8) working with national governments to ensure 

4 that communities have timely and effective support 

5 from national authorities to mitigate risks that com6 munities may face when engaging in anti-poaching 

7 and anti-trafficking activities. 

8 TITLE V—OTHER ACTIONS RE9 LATING TO WILDLIFE TRAF10 FICKING PROGRAMS 

11 SEC. 501. AMENDMENTS TO FISHERMAN’S PROTECTIVE ACT 

12 OF 1967. 

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

14 (22 U.S.C. 1978) is amended— 

15 (1) in subsection (a)— 

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

17 consultation with the Secretary of State,’’ after 

18 ‘‘Secretary of Commerce’’; 

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

20 consultation with the Secretary of State,’’ after 

21 ‘‘Secretary of the Interior’’; 

22 (C) in paragraph (3), by inserting ‘‘in con23 sultation with the Secretary of State,’’ after ‘‘, as 

24 appropriate,’’; 
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1 (D) by redesigning paragraph (4) as para2 graph (5); and 

3 (E) by inserting after paragraph (3) the fol4 lowing new paragraph: 

5 ‘‘(4) The Secretary of Commerce and the Sec6 retary of the Interior shall each report to Congress 

7 each certification to the President made by such Sec8 retary under this subsection, within 15 days after 

9 making such certification.’’; and 

10 (2) in subsection (d), by inserting ‘‘in consulta11 tion with the Secretary of State,’’ after ‘‘as the case 

12 may be,’’. 

13 SEC. 502. WILDLIFE TRAFFICKING VIOLATIONS AS PREDI14 CATE OFFENSES UNDER MONEY LAUNDERING 

15 STATUTE. 

16 Section 1956(c)(7) of title 18, United States Code, is 

17 amended— 

18 (1) in subparagraph (E), by striking ‘‘; or’’ and 

19 inserting a semicolon; 

20 (2) in subparagraph (F), by striking the semi21 colon and inserting ‘‘; or’’; and 

22 (3) by adding at the end the following new sub23 paragraph: 

24 ‘‘(G) any act that is a criminal violation of 

25 subparagraph (A), (B), (C), (D), (E), or (F) of 
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1 paragraph (1) of section 9(a) of the Endangered 

2 Species Act of 1973 (16 U.S.C. 1538(a)(1)), sec3 tion 2203 of the African Elephant Conservation 

4 Act (16 U.S.C. 4223), or section 7(a) of the Rhi5 noceros and Tiger Conservation Act of 1994 (16 

6 U.S.C. 5305a(a)), if the endangered or threat7 ened species of fish or wildlife, products, items, 

8 or substances involved in the violation and rel9 evant conduct, as applicable, have a total value 

10 of more than $10,000;’’. 

Attest: 

Secretary. 

114TH CONGRESS 

2D SESSION H.R. 2494 

AMENDMENT