What it changes

1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text

Adds a section
  1. Adds SEC. 1276. ENDING GLOBAL WILDLIFE POACHING AND TRAFFICKING at the end of subtitle F of title XII

    Adds a section

    In S.Amdt. 5499 as proposed

    (2) Form of report.--The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

    Inserted: SEC. 1276. ENDING GLOBAL WILDLIFE POACHING AND TRAFFICKING.

    Inserted: (a) Short Title.--This section may be cited as the "Eliminate, Neutralize, and Disrupt Wildlife Trafficking Reauthorization and Improvements Act of 2022".

    Inserted: (b) Sense of Congress.--It is the sense of Congress that--

    Inserted: (1) the United States Government should continue to work with international partners, including nations, nongovernmental organizations, and the private sector, to identify long-standing and emerging areas of concern in wildlife poaching and trafficking related to global supply and demand; and

    Inserted: (2) the activities and required reporting of the Presidential Task Force on Wildlife Trafficking, established by Executive Order 13648 (78 Fed. Reg. 40621), and modified by sections 201 and 301 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621 and 7631) should be reauthorized to minimize the disruption of the work of such Task Force.

    Inserted: (c) Definitions.--Section 2 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) is amended--

    Inserted: (1) in paragraph (3), by inserting "involving local communities" after "approach to conservation";

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

    Inserted: "(4) Country of concern.--The term 'country of concern' means a foreign country specially designated by the Secretary of State pursuant to section 201(b) as a major source of wildlife trafficking products or their derivatives, a major transit point of wildlife trafficking products or their derivatives, or a major consumer of wildlife trafficking products, in which--

    Inserted: "(A) the government has actively engaged in, or knowingly profited from, the trafficking of protected species; or

    Inserted: "(B) the government facilitates such trafficking through conduct that may include a persistent failure to make serious and sustained efforts to prevent and prosecute such trafficking."; and

    Inserted: (3) in paragraph (11), by striking "section 201" and inserting "section 301".

    Show 27 more inserted paragraphs

    Inserted: (d) Framework for Interagency Response and Reporting.--

    Inserted: (1) Reauthorization of report on major wildlife trafficking countries.--Section 201 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621) is amended--

    Inserted: (A) in subsection (a), by striking "annually thereafter" and inserting "biennially thereafter by June 1 of each year in which a report is required"; and

    Inserted: (B) by striking subsection (c) and inserting the following:

    Inserted: "(c) Designation.--A country may be designated as a country of concern under subsection (b) regardless of such country's status as a focus country.

    Inserted: "(d) Procedure for Removing Countries From List.--In the first report required under this section submitted after the date of the enactment of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Reauthorization and Improvements Act of 2022, the Secretary of State, in consultation with the Secretary of the Interior and the Secretary of Commerce, shall publish, in the Federal Register, a procedure for removing from the list in the biennial report any country of concern that no longer meets the definition of country of concern under section 2(4).

    Inserted: "(e) Sunset.--This section shall cease to have force or effect on September 30, 2028.".

    Inserted: (2) Presidential task force on wildlife trafficking responsibilities.--Section 301(a) of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631(a)) is amended--

    Inserted: (A) in paragraph (4), by striking "and" at the end;

    Inserted: (B) by redesignating paragraph (5) as paragraph (9); and

    Inserted: (C) by inserting after paragraph (4) the following:

    Inserted: "(5) pursue programs and develop a strategy--

    Inserted: "(A) to expand the role of technology for anti-poaching and anti-trafficking efforts, in partnership with the private sector, foreign governments, academia, and nongovernmental organizations (including technology companies and the transportation and logistics sectors); and

    Inserted: "(B) to enable local governments to develop and use such technologies;

    Inserted: "(6) consider programs and initiatives that address the expansion of the illegal wildlife trade to digital platforms, including the use of digital currency and payment platforms for transactions by collaborating with the private sector, academia, and nongovernmental organizations, including social media, e-commerce, and search engine companies, as appropriate;

    Inserted: "(7)(A) implement interventions to address the drivers of poaching, trafficking, and demand for illegal wildlife and wildlife products in focus countries and countries of concern;

    Inserted: "(B) set benchmarks for measuring the effectiveness of such interventions; and

    Inserted: "(C) consider alignment and coordination with indicators developed by the Task Force;

    Inserted: "(8) consider additional opportunities to increase coordination between law enforcement and financial institutions to identify trafficking activity; and".

    Inserted: (3) Presidential task force on wildlife trafficking strategic review.--Section 301 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631), as amended by paragraph (2), is further amended--

    Inserted: (A) in subsection (d)--

    Inserted: (i) in the matter preceding paragraph (1), by striking "annually" and inserting "biennially";

    Inserted: (ii) in paragraph (4), by striking "and" at the end;

    Inserted: (iii) in paragraph (5), by striking the period at the end and inserting "; and"; and

    Inserted: (iv) by adding at the end the following:

    Inserted: "(6) an analysis of the indicators developed by the Task Force, and recommended by the Government Accountability Office, to track and measure inputs, outputs, law enforcement outcomes, and the market for wildlife products for each focus country listed in the report, including baseline measures, as appropriate, for each indicator in each focus country to determine the effectiveness and appropriateness of such indicators to assess progress and whether additional or separate indicators, or adjustments to indicators, may be necessary for focus countries."; and

    Inserted: (B) in subsection (e), by striking "5 years after" and all that follows and inserting "on September 30, 2028".

    Original wording

    At the end of subtitle F of title XII, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 5764. Mr. COONS (for himself and Mr. Portman) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title XII, add the following:

SEC. 1276. ENDING GLOBAL WILDLIFE POACHING AND TRAFFICKING.

(a) Short Title.--This section may be cited as the “Eliminate, Neutralize, and Disrupt Wildlife Trafficking Reauthorization and Improvements Act of 2022”.

(b) Sense of Congress.--It is the sense of Congress that--

(1) the United States Government should continue to work with international partners, including nations, nongovernmental organizations, and the private sector, to identify long-standing and emerging areas of concern in wildlife poaching and trafficking related to global supply and demand; and

(2) the activities and required reporting of the Presidential Task Force on Wildlife Trafficking, established by Executive Order 13648 (78 Fed. Reg. 40621), and modified by sections 201 and 301 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621 and 7631) should be reauthorized to minimize the disruption of the work of such Task Force.

(c) Definitions.--Section 2 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) is amended--

(1) in paragraph (3), by inserting “involving local communities” after “approach to conservation”;

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

“(4) Country of concern.--The term ‘country of concern' means a foreign country specially designated by the Secretary of State pursuant to section 201(b) as a major source of wildlife trafficking products or their derivatives, a major transit point of wildlife trafficking products or their derivatives, or a major consumer of wildlife trafficking products, in which--

“(A) the government has actively engaged in, or knowingly profited from, the trafficking of protected species; or

“(B) the government facilitates such trafficking through conduct that may include a persistent failure to make serious and sustained efforts to prevent and prosecute such trafficking.”; and

(3) in paragraph (11), by striking “section 201” and inserting “section 301”.

(d) Framework for Interagency Response and Reporting.--

(1) Reauthorization of report on major wildlife trafficking countries.--Section 201 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621) is amended--

(A) in subsection (a), by striking “annually thereafter” and inserting “biennially thereafter by June 1 of each year in which a report is required”; and

(B) by striking subsection (c) and inserting the following:

“(c) Designation.--A country may be designated as a country of concern under subsection (b) regardless of such country's status as a focus country.

“(d) Procedure for Removing Countries From List.--In the first report required under this section submitted after the date of the enactment of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Reauthorization and Improvements Act of 2022, the Secretary of State, in consultation with the Secretary of the Interior and the Secretary of Commerce, shall publish, in the Federal Register, a procedure for removing from the list in the biennial report any country of concern that no longer meets the definition of country of concern under section 2(4).

“(e) Sunset.--This section shall cease to have force or effect on September 30, 2028.”.

(2) Presidential task force on wildlife trafficking responsibilities.--Section 301(a) of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631(a)) is amended--

(A) in paragraph (4), by striking “and” at the end;

(B) by redesignating paragraph (5) as paragraph (9); and

(C) by inserting after paragraph (4) the following:

“(5) pursue programs and develop a strategy--

“(A) to expand the role of technology for anti-poaching and anti-trafficking efforts, in partnership with the private sector, foreign governments, academia, and nongovernmental organizations (including technology companies and the transportation and logistics sectors); and

“(B) to enable local governments to develop and use such technologies;

“(6) consider programs and initiatives that address the expansion of the illegal wildlife trade to digital platforms, including the use of digital currency and payment platforms for transactions by collaborating with the private sector, academia, and nongovernmental organizations, including social media, e-commerce, and search engine companies, as appropriate;

“(7)(A) implement interventions to address the drivers of poaching, trafficking, and demand for illegal wildlife and wildlife products in focus countries and countries of concern;

“(B) set benchmarks for measuring the effectiveness of such interventions; and

“(C) consider alignment and coordination with indicators developed by the Task Force;

“(8) consider additional opportunities to increase coordination between law enforcement and financial institutions to identify trafficking activity; and”.

(3) Presidential task force on wildlife trafficking strategic review.--Section 301 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631), as amended by paragraph (2), is further amended--

(A) in subsection (d)--

(i) in the matter preceding paragraph (1), by striking “annually” and inserting “biennially”;

(ii) in paragraph (4), by striking “and” at the end;

(iii) in paragraph (5), by striking the period at the end and inserting “; and”; and

(iv) by adding at the end the following:

“(6) an analysis of the indicators developed by the Task Force, and recommended by the Government Accountability Office, to track and measure inputs, outputs, law enforcement outcomes, and the market for wildlife products for each focus country listed in the report, including baseline measures, as appropriate, for each indicator in each focus country to determine the effectiveness and appropriateness of such indicators to assess progress and whether additional or separate indicators, or adjustments to indicators, may be necessary for focus countries.”; and

(B) in subsection (e), by striking “5 years after” and all that follows and inserting “on September 30, 2028”.

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Senate amendment submitted

September 28, 2022