    [House Hearing, 114 Congress]
    [From the U.S. Government Publishing Office]

                            GLOBAL ANTI-POACHING ACT

    =======================================================================

                                     MARKUP

                                   BEFORE THE

                          COMMITTEE ON FOREIGN AFFAIRS
                            HOUSE OF REPRESENTATIVES

                        ONE HUNDRED FOURTEENTH CONGRESS

                                 FIRST SESSION

                                       ON

                                   H.R. 2494

                                   __________

                                 JUNE 25, 2015

                                   __________

                               Serial No. 114-78

                                   __________

            Printed for the use of the Committee on Foreign Affairs

    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

    Available via the World Wide Web: http://www.foreignaffairs.house.gov/
                                      or
                           http://www.gpo.gov/fdsys/

                                     ____________

                          U.S GOVERNMENT PUBLISHING OFFICE
    95-247PDF                    WASHINGTON : 2015
    ______________________________________________________________________________________
    For sale by the Superintendent of Documents, U.S. Government Publishing Office,
    http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center,
    U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free).
    E-mail, gpo@custhelp.com.

                          COMMITTEE ON FOREIGN AFFAIRS

                     EDWARD R. ROYCE, California, Chairman
    CHRISTOPHER H. SMITH, New Jersey     ELIOT L. ENGEL, New York
    ILEANA ROS-LEHTINEN, Florida         BRAD SHERMAN, California
    DANA ROHRABACHER, California         GREGORY W. MEEKS, New York
    STEVE CHABOT, Ohio                   ALBIO SIRES, New Jersey
    JOE WILSON, South Carolina           GERALD E. CONNOLLY, Virginia
    MICHAEL T. McCAUL, Texas             THEODORE E. DEUTCH, Florida
    TED POE, Texas                       BRIAN HIGGINS, New York
    MATT SALMON, Arizona                 KAREN BASS, California
    DARRELL E. ISSA, California          WILLIAM KEATING, Massachusetts
    TOM MARINO, Pennsylvania             DAVID CICILLINE, Rhode Island
    JEFF DUNCAN, South Carolina          ALAN GRAYSON, Florida
    MO BROOKS, Alabama                   AMI BERA, California
    PAUL COOK, California                ALAN S. LOWENTHAL, California
    RANDY K. WEBER SR., Texas            GRACE MENG, New York
    SCOTT PERRY, Pennsylvania            LOIS FRANKEL, Florida
    RON DeSANTIS, Florida                TULSI GABBARD, Hawaii
    MARK MEADOWS, North Carolina         JOAQUIN CASTRO, Texas
    TED S. YOHO, Florida                 ROBIN L. KELLY, Illinois
    CURT CLAWSON, Florida                BRENDAN F. BOYLE, Pennsylvania
    SCOTT DesJARLAIS, Tennessee
    REID J. RIBBLE, Wisconsin
    DAVID A. TROTT, Michigan
    LEE M. ZELDIN, New York
    TOM EMMER, MinnesotaUntil 5/18/
        15 deg.
    DANIEL DONOVAN, New YorkAs
        of 5/19/15 deg.

         Amy Porter, Chief of Staff      Thomas Sheehy, Staff Director

                   Jason Steinbaum, Democratic Staff Director
                                C O N T E N T S

                                  ----------
                                                                       Page

                                   MARKUP OF

    H.R. 2494, 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.........................................     2
      Amendment in the nature of a substitute to H.R. 2494 offered by
        the Honorable Edward R. Royce, a Representative in Congress
        from the State of California, and chairman, Committee on
        Foreign Affairs..............................................    20
          Amendment to the amendment in the nature of a substitute to
            H.R. 2494 offered by the Honorable Edward R. Royce.......    38
          Amendment to the amendment in the nature of a substitute to
            H.R. 2494 offered by the Honorable Alan Grayson, a
            Representative in Congress from the State of Florida.....    39
          Amendment to the amendment in the nature of a substitute to
            H.R. 2494 offered by the Honorable Ted Poe, a
            Representative in Congress from the State of Texas.......    42

                                    APPENDIX

    Markup notice....................................................    46
    Markup minutes...................................................    47
    Markup summary...................................................    49

                            GLOBAL ANTI-POACHING ACT

                                  ----------

                            THURSDAY, JUNE 25, 2015

                           House of Representatives,

                         Committee on Foreign Affairs,

                                Washington, DC.

        The committee met, pursuant to notice, at 10:08 a.m., in
    room 2172, Rayburn House Office Building, Hon. Ed Royce
    (chairman of the committee) presiding.
        Chairman Royce. This committee will come to order.
        Pursuant to notice, we meet today to mark up H.R. 2494, the
    Global Anti-Poaching Act.
        And, without objection, all members may have 5 days to
    submit statements for the record and any extraneous materials
    regarding this bill.
        And, without objection, the bill is considered read and
    open for amendment at any point.
        [H.R. 2494 and the amendment in the nature of a substitute
    follow:]
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Chairman Royce. And I will begin by recognizing myself and
    any other members seeking recognition to speak on the
    underlying bill. And then we will move to consider any
    amendments that the members here may have.
        And I would just like to thank the chairs, our ranking
    member, Mr. Engel, the ranking members of the subcommittees,
    because we had a number of individuals work on this
    legislation, including the members of the Terrorism,
    Nonproliferation, and Trade Subcommittee, and the Africa
    Subcommittee. Mr. Poe held a hearing to highlight the
    connection between terrorism and wildlife trafficking. I would
    also like to thank Worku Gachou on our staff for his important
    work on this antitrafficking legislation.
        Wildlife trafficking and poaching, frankly, has become a
    serious national security threat to the United States, and you
    can see that the modus operandi used by the Janjaweed coming
    out of north Africa, or by the Al Shabaab in Somalia, or,
    frankly, by Joseph Kony and his recruitment of child soldiers.
    The objective is the same: To get their hands on an asset here
    in terms of rhino horn or in terms of ivory tusk from an
    elephant. But in so doing, in getting the hard currency for
    their terrorist operations, what they are doing is
    extinguishing these species.
        And because of poaching, some of the world's most majestic
    animals, forest elephants, elephants at large, rhinos, are
    being decimated, and the terrorists are the ones benefiting. So
    it has very high-profit margins. It has minimal risk, and this
    illicit wildlife trade has become a blood currency for
    transnational gangs and criminal syndicates. It is a lot like
    blood diamonds were some years ago for al-Qaeda.
        If we look at the numbers, it is not hype to ask, ``Do we
    want our children to grow up in a world without these species,
    without any elephants or rhinos?'' Because that is where we are
    headed. Between 1990 and 2005, an average of 14 rhinos were
    killed annually by poachers in South Africa. Last year, if we
    look at the losses from poaching, we have 1,200 killed in one
    country. So these species will be eliminated if we do not take
    decisive action against these organized criminal networks that
    are targeting rhino horn and ivory.
        The committee has held several hearings and briefings on
    this issue in which we learned that a number of rebel groups
    and terrorist organizations made big profits because they are
    trading ivory for guns. Park rangers are being outmaneuvered
    and outmatched by today's poachers, who have sophisticated
    transportation and communications equipment, and some poachers
    kill in mass numbers. They use helicopters. They use automatic
    weapons from those helicopters. This bipartisan legislation
    will help even out the fight by granting the President
    authority to provide vital security assistance, including
    vehicles, as well as intelligence and surveillance tools.
        In addition, we know that designating foreign governments
    that aren't doing their part can be very effective for bringing
    about change. This bill will prod countries to take action by
    naming and shaming, as we do with human rights and human
    trafficking reports. And we also make this notorious business
    riskier, by making wildlife trafficking an offense under
    racketeering and money laundering statutes, going after the
    network and taking any profits through forfeitures.
        The legislation also directs that any seized assets from
    these new penalties go toward the conservation of the very
    species that was trafficked. This legislation has been a
    collaborative process with other key committees, NGOs, and
    interested organizations as well as with the administration. I
    look forward to its quick passage in the fight against poaching
    and to save these species. I just remind everyone, time is not
    on our side.
        I will now recognize any members on the underlying bill. Do
    any members seek recognition?
        Hearing no further requests to speak, we will now move to
    consider any amendments.
        I have an amendment at the desk.
        The clerk will report the amendment.
        Ms. Marter. Amendment to the amendment in the nature of a
    substitute to H.R. 2494 offered by Mr. Royce of California.
    Page 9, after line 17, insert the following: (f) Sunset. This
    section shall terminate on the date that is 5 years after the
    date of the enactment of this Act.
        Chairman Royce. Without objection, the reading is dispensed
    with. Okay.
        [The information referred to follows:]
        [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Chairman Royce. So I recognize myself to speak on the
    amendment. This is pretty straightforward. It would sunset the
    name-and-shame list of troubling countries under section 5 of
    the bill after 5 years. As members know, too many requests get
    put into law and last forever, and I think the 5-year
    termination will prevent that from happening and bring the bill
    into compliance with rules for the House floor. Plus, it will
    give the committee the opportunity after a few years to
    evaluate the Department's use of this designation requirement
    and improve the requirements, if necessary, at that time.
        Do any members seek recognition to speak on this amendment?
        Hearing none, no further speakers, the question occurs on
    the amendment.
        All those in favor, say aye.
        Opposed, no.
        In the opinion of the Chair, the ayes have it.
        And the item is considered en bloc or agreed to.
        Are there any other amendments?
        Hearing no further amendments----
        Mr. Grayson. I have an amendment at the desk.
        Chairman Royce. Mr. Grayson.
        Mr. Grayson. Go ahead.
        Ms. Marter. Amendment to the amendment in the nature of a
    substitute to H.R. 2494 offered by Mr. Grayson of Florida. Page
    11, after line 5, insert the following: (e) Rule of
    Construction. Nothing in this section shall be construed to
    authorize the use of United States Armed Forces in combat
    activities. Page 11, line 6, strike ``(e)'' and insert ``(f)''.
        [The information referred to follows:]
        [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Chairman Royce. I am recognizing Mr. Grayson for what time
    he might consume.
        Mr. Grayson. Thank you, Mr. Chairman.
        I will try to keep this as short as possible. I understand
    we have votes now. Poaching is a very serious problem, and,
    frankly, it is one of the great elements of being on this
    committee to see us taking such constructive action in this
    regard. One of my fondest moments was to visit gorillas in
    their natural habitat a couple of years ago. I will always
    remember what that was like. They are down to fewer than 700 in
    the wild now. And like many other large species, charismatic
    species, if you will, they might not be there for much longer.
    So I think that we are doing something extremely constructive
    today. I applaud your effort.
        I am offering this amendment for a specific, very limited
    purpose. The amendment states as follows: Nothing in the
    section shall be construed to authorize the use of the United
    States Armed Forces in combat activities.
        I think it is important to state as a principle explicitly
    in this bill exactly what we are doing but also what we are not
    doing. We wouldn't want to see U.S. forces entangled in combat
    activities as a result of fighting poaching. That is, in
    essence, a declaration of war. We don't want to do something
    like that by accident.
        I did notice that the bill includes the section 47 Arms
    Export Control Act definitions of some of the more sensitive
    elements of the bill, for instance, defense services, training,
    and so on. But when it comes to war, I think we have to use
    belt and suspenders. That is why I offered this amendment.
        I yield.
        Chairman Royce. If I could recognize myself because I
    appreciate the gentleman's explanation.
        And I don't think, on balance, we should adopt this
    amendment, and I will walk you through the process why. The
    security assistance authorized in this legislation is typical
    of the type of security assistance that this committee supports
    on a routine basis without this concern. And, in fact, I don't
    recall having a provision like this in legislation that the
    committee has carried in the past.
        So I agree with the gentleman's sentiment here. The War
    Powers Act, though, makes it crystal clear, and let me read
    from the act: The authority to introduce the U.S. Armed Forces
    into hostilities shall not be inferred from any provision of
    law unless there is a specific authorization.
        So, first of all, it is not inferred here in the first
    place, but even if it was, the War Powers Act says, ``to
    introduce the U.S. Armed Forces into hostilities shall not be
    inferred from any provision of law unless there is a specific
    authorization,'' which does not exist.
        Clearly, there is nothing in this bill that does authorize
    the use of force, and given possible sensitivities--and this is
    the aspect of this that concerns me--given the possible
    sensitivity surrounding our assistance in Africa, I am not sure
    that this type of language does not raise suspicions about our
    activities. We want African countries taking advantage of this
    assistance, not fighting off false rumors of military
    operations. And that is the concern that I would derive from
    the amendment.
        I am concerned that the gentleman's language, despite his
    agreeable intentions, would raise concerns, would raise
    misunderstandings, where none are warranted. So I would ask for
    a no vote on the amendment.
        Chairman Royce. Yes, any other members?
        Yes, Mr. Lowenthal. Alan Lowenthal.
        Mr. Lowenthal. Thank you, Mr. Chairman.
        I would like to yield my time to Mr. Grayson to respond.
        Chairman Royce. Yes. Mr. Grayson.
        Mr. Grayson. Thank you, I appreciate what the chairman is
    saying, and I appreciate the clarification. Every word that we
    say here is recorded for posterity. The words that we state are
    a part of the legislative history that is associated with this
    bill. I appreciate the chairman's insight regarding this issue.
    If the chairman is specifically saying that this bill could not
    be used to justify any combat forces being introduced as a
    result of this bill, I accept what he is saying.
        Chairman Royce. Let me add to that, Mr. Grayson, because I
    think what I propose, if I could ask you this.
        Mr. Grayson. I will yield.
        Chairman Royce. If we were to go to a floor and we did a
    colloquy on this very subject, would that give you added
    assurance in terms of the intention?
        Mr. Grayson. Yes, it would. And my goal is very simple: To
    see that this bill not become an excuse even inadvertently for
    the tragedy of war in the name of saving the lives of animals.
        So I accept the chairman's generous proposal, and with that
    in mind, I will withdraw my amendment.
        Chairman Royce. I ask unanimous consent. Without objection.
    Very good.
        Mr. Grayson, thank you and we will have that colloquy on
    the floor.
        I think Mr. Poe has an amendment.
        Mr. Poe. Mr. Chairman, I have an amendment.
        Chairman Royce. The clerk will report the amendment.
        Ms. Marter. Amendment to the amendment in the nature of a
    substitute to H.R. 2494 offered by Mr. Poe of Texas. At the end
    of the following: Section 9. Other actions relating to wildlife
    trafficking programs. It is the sense of Congress that the----
        Mr. Poe. Mr. Chairman, I ask unanimous consent to dispense
    with the reading of the amendment.
        Chairman Royce. Without objection.
        [The information referred to follows:]
        [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Chairman Royce. Mr. Poe is recognized.
        Mr. Poe. Thank you, Mr. Chairman. I want to make it clear
    that I support the bill. I am a cosponsor to the bill. One of
    the issues that I am concerned about, as other members, based
    upon the fact that I am chair of the Subcommittee on Terrorism,
    is the trafficking of wildlife, rhino horns and tusks of
    elephants in Africa, by terrorist groups.
        A couple of quick statistics: In the 1930s, there were 3
    million to 5 million elephants in Africa, 3 million to 5
    million. Now, there are 300,000 to maybe 500,000 elephants. The
    rhino population has diminished so quickly that we may see in
    our lifetime no rhinos. There are only five white rhinos left
    in the world, and many of them are being poached and killed by
    terrorist groups. How many, we don't know. We don't know who
    all is involved in the harvesting and killing of rhinos and
    elephants.
        So this amendment is very simple. It tells the State
    Department to evaluate our aid in wildlife trafficking in
    Africa, and find out exactly what is working and what is not.
    And that is this amendment, and I would ask that the chair
    support the amendment so that we have the State Department
    doing an evaluation. Separately USAID does their own, but State
    Department doesn't do an evaluation. So we ask that our money
    be evaluated on how it is working or whether it is not working
    with the goal to stop wildlife trafficking with emphasis on
    these terrorist groups and locating them, how much resources
    they are using, and what they are doing to harvest rhino horns
    and elephant tusk because of the ever-decreasing numbers of
    these species.
        I yield back to the chair.
        Chairman Royce. I appreciate the gentleman's amendment and
    his work also to develop and implement a learning agenda to
    improve the performance and impact of wildlife trafficking
    programs and to share best practices among executive branch
    agencies. I think the totality of this is very much in keeping
    with what we would like to achieve with the legislation.
        And so if I don't hear any further requests to speak on the
    amendment, then the question occurs on the amendment.
        All those in favor, say aye.
        All those opposed, no.
        In the opinion of the Chair, the ayes have it.
        And the amendment is agreed to.
        Hearing no further amendments, the Chair now moves that
    H.R. 2494, as amended, be adopted by the committee.
        All those in favor, say aye.
        All those opposed, no.
        In the opinion of the Chair, the ayes have it.
        The bill, as amended, is agreed to.
        And, without objection, H.R. 2494, as amended, is ordered
    favorably reported as a single amendment in the nature of a
    substitute. Staff is directed to make technical and conforming
    changes. And the Chair is authorized to seek consideration
    under suspension of the rules.
        And I, again, want to thank Ranking Member Engel, our
    cosponsors, and all of our committee members for their
    contributions to today's markup.
        And I will remind the members that we have 1 minute and 11
    seconds left in the vote.
        We stand adjourned. Thank you.
        [Whereupon, at 10:24 a.m., the committee was adjourned.]

                                A P P E N D I X

                                  ----------

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     [all]