Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016

This bill addresses wildlife trafficking, which is the poaching or other illegal taking of protected or managed species and the illegal trade in wildlife and their related parts and products.

TITLE I--PURPOSES AND POLICY

(Sec. 102) The bill states that it is the policy of the United States to:

• take immediate actions to stop the illegal global trade in wildlife and wildlife products and associated transnational organized crime;
• employ appropriate assets and resources for curtailing poaching and disrupting and dismantling illegal wildlife trade networks and the financing of those networks in each foreign country that is a major source or major transit point of wildlife trafficking products or their derivatives, or a major consumer of wildlife trafficking products (focus country);
• provide assistance in helping focus countries in halting the poaching of imperiled species and ending the illegal trade in wildlife and wildlife products;
• build upon the "National Strategy for Combating Wildlife Trafficking" published on February 11, 2014, or a successor strategy, to further combat wildlife trafficking; and
• recognize the ties of wildlife trafficking to broader forms of transnational organized criminal activities, and where applicable, to focus on those crimes.

TITLE II--REPORT ON MAJOR WILDLIFE TRAFFICKING COUNTRIES

(Sec. 201) The Department of State must submit an annual report for five years after this bill's enactment that: (1) lists each focus country as determined by the State Department; and (2) identifies each country of concern, which is a focus country with a government that has actively engaged in or knowingly profited from the trafficking of endangered or threatened species.

TITLE III--FRAMEWORK FOR INTERAGENCY RESPONSE

(Sec. 301) The bill establishes coordination and collaboration requirements for the Presidential Task Force on Wildlife Trafficking.

Each year the task force must submit a strategic assessment of its work and provide a briefing to appropriate congressional committees.

The bill terminates the task force five years after enactment of this bill, unless the President terminates it on an earlier date.

TITLE IV--PROGRAMS TO ADDRESS THE ESCALATING WILDLIFE TRAFFICKING CRISIS

(Sec. 401) The State Department and the U.S. Agency for International Development (USAID) may provide assistance to focus countries for improving the effectiveness of wildlife law enforcement in regions and countries that have demonstrated capacity, willingness, and need for assistance.

The bill urges the United States to continue providing defense articles (not including significant military equipment), defense services, and related training to appropriate security forces of African countries for countering wildlife trafficking and poaching.

(Sec. 402) The State Department and USAID may design and implement programs in focus countries for: (1) increasing the capacity of wildlife law enforcement and customs and border security officers in the countries, or (2) combating the transnational trade in illegal wildlife.

(Sec. 403) Each chief of mission to a focus country should begin to implement the recommendations on wildlife trafficking contained in the task force's strategic plan within two years of this bill's enactment. (A chief of mission is the principal officer in charge of a U.S. diplomatic mission or of a U.S. office abroad which is diplomatic in nature. The chief of mission is often, but not always, an ambassador.)

(Sec. 404) The State Department may also provide support in focus countries to carry out the recommendations on wildlife trafficking contained in the task force's strategic plan related to the development, scaling, and replication of community wildlife conservancies and community conservation programs in those countries to: (1) assist with rural stability and security for people and wildlife, (2) empower and support communities in managing or benefiting from their wildlife resources in a long-term biologically viable manner, and (3) reduce the threat of poaching and trafficking.

TITLE V--OTHER ACTIONS RELATING TO WILDLIFE TRAFFICKING PROGRAMS

(Sec. 501) The State Department is included in the certification process under the Pelly Amendment to the Fishermen's Protective Act of 1967. (The Pelly Amendment authorizes the President to embargo wildlife products when the Department of Commerce or the Department of the Interior certifies that nationals of a foreign country are engaging in trade or certain actions that diminish the effectiveness of an international agreement for the conservation of endangered or threatened species.) Commerce and Interior shall each report each certification to the President within 15 days after it is made.

(Sec. 502) The bill applies provisions of the federal criminal code concerning money laundering to wildlife trafficking violations of the Endangered Species Act of 1973, the African Elephant Conservation Act, and the Rhinoceros and Tiger Conservation Act of 1994, if the endangered or threatened species of fish or wildlife, products, items, or substances involved in the violation and relevant conduct have a total value of more than $10,000.

Global Anti-Poaching Act

This bill addresses the illegal trade in endangered and threatened wildlife and their related parts and products.

(Sec 3) The Department of State, the U.S. Agency for International Development, the U.S. Fish and Wildlife Service, and other appropriate agencies are urged to: (1) support strengthening existing wildlife enforcement networks and establishing new networks in other appropriate regions, and (2) promote the professionalization of the wildlife law enforcement sector and professional ranger training in partner countries.

(Sec 5) For the next five years, the State Department must provide to Congress an annual list of each foreign country that is a major source, transit point, or consumer of wildlife trafficking products. The report must designate each country listed in the report that has failed to demonstrably make substantial efforts to adhere to its obligations under international agreements relating to endangered or threatened species. The State Department may withhold certain foreign aid from a designated country and must notify each such country that it is subject to the withholding of assistance.

The bill amends the Sudan Peace Act by repealing a requirement for the State Department to report annually on the conflict in Sudan.

(Sec. 6) The bill urges the United States to continue providing defense articles (not including significant military equipment), defense services, and related training to appropriate security forces of African countries for countering wildlife trafficking and poaching.

(Sec. 7) The State Department is included in the certification process under the Pelly Amendment to the Fishermen's Protective Act of 1967. The Pelly Amendment authorizes the President to embargo wildlife products when the Department of the Interior or of Commerce certifies that a country is engaging in trade or certain actions that diminishes the effectiveness of an international agreement for the conservation of endangered or threatened species.

(Sec. 8) The bill applies provisions of the federal criminal code concerning money laundering and racketeering to wildlife trafficking violations of the Endangered Species Act of 1973, the African Elephant Conservation Act, and the Rhinoceros and Tiger Conservation Act of 1994, if the endangered or threatened species, products, items, or substances involved in the violation and relevant conduct have a total value of more than $10,000. The amounts generated from penalties for those wildlife violations must be used for the benefit and conservation of impacted species.

(Sec. 9) The bill urges the State Department to dedicate resources to: (1) conduct monitoring and evaluation of wildlife trafficking programs consistent with the Department's January 2015 Evaluation Policy; (2) publish program information on wildlife trafficking programs on the website, ForeignAssistance.gov; and (3) develop and implement a learning agenda to improve the performance and impact of wildlife trafficking programs and to share best practices among executive agencies.

Global Anti-Poaching Act

This bill addresses the illegal trade in endangered and threatened wildlife and their related parts and products.

The Department of State, the U.S. Agency for International Development, the U.S. Fish and Wildlife Service, and other appropriate agencies are urged to: (1) support strengthening existing wildlife enforcement networks and establishing new networks in other appropriate regions, and (2) promote the professionalization of the wildlife law enforcement sector and professional ranger training in partner countries.

The State Department: (1) must provide to Congress an annual list of each foreign country that is a major source, transit point, or consumer of wildlife trafficking products; and (2) may withhold certain assistance from countries that have failed to adhere to their obligations under international agreements relating to endangered or threatened species.

The President may provide defense articles, services, and related training to security forces of African countries to counter wildlife trafficking and poaching. If a unit of a security force has been found to engage in wildlife trafficking or poaching, the President may not provide such assistance unless the President determines that the government of the country is taking steps to hold the security unit accountable and prevent trafficking and poaching.

The bill amends the federal criminal code to make wildlife trafficking violations of the Endangered Species Act of 1973, the African Elephant Conservation Act, and the Rhinoceros and Tiger Conservation Act of 1994 predicate offenses for racketeering and money laundering prosecutions, if such violations involve more than $10,000. Fines and forfeitures from such violations must be transferred to the Multinational Species Conservation Fund and used for the benefit of the species impacted by the violation.