[House Hearing, 114 Congress]
[From the U.S. Government Publishing Office]
GLOBAL ANTI-POACHING ACT
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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
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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
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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
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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:]
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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:]
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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:]
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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:]
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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
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