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95–247PDF 2015

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

(

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

http://www.gpo.gov/fdsys/

(II)

COMMITTEE ON FOREIGN AFFAIRS 

EDWARD R. ROYCE, California, Chairman 

CHRISTOPHER H. SMITH, New Jersey 

ILEANA ROS-LEHTINEN, Florida 

DANA ROHRABACHER, California 

STEVE CHABOT, Ohio 

JOE WILSON, South Carolina 

MICHAEL T. MCCAUL, Texas 

TED POE, Texas 

MATT SALMON, Arizona 

DARRELL E. ISSA, California 

TOM MARINO, Pennsylvania 

JEFF DUNCAN, South Carolina 

MO BROOKS, Alabama 

PAUL COOK, California 

RANDY K. WEBER SR., Texas 

SCOTT PERRY, Pennsylvania 

RON DESANTIS, Florida 

MARK MEADOWS, North Carolina 

TED S. YOHO, Florida 

CURT CLAWSON, Florida 

SCOTT DESJARLAIS, Tennessee 

REID J. RIBBLE, Wisconsin 

DAVID A. TROTT, Michigan 

LEE M. ZELDIN, New York 

DANIEL DONOVAN, New York 

ELIOT L. ENGEL, New York 

BRAD SHERMAN, California 

GREGORY W. MEEKS, New York 

ALBIO SIRES, New Jersey 

GERALD E. CONNOLLY, Virginia 

THEODORE E. DEUTCH, Florida 

BRIAN HIGGINS, New York 

KAREN BASS, California 

WILLIAM KEATING, Massachusetts 

DAVID CICILLINE, Rhode Island 

ALAN GRAYSON, Florida 

AMI BERA, California 

ALAN S. LOWENTHAL, California 

GRACE MENG, New York 

LOIS FRANKEL, Florida 

TULSI GABBARD, Hawaii 

JOAQUIN CASTRO, Texas 

ROBIN L. KELLY, Illinois 

BRENDAN F. BOYLE, Pennsylvania

AMY PORTER, Chief of Staff THOMAS SHEEHY, Staff Director

JASON STEINBAUM, Democratic Staff Director 

(III)

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

(1)

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:]

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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. 


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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:]

38

Chairman ROYCE. So I recognize myself to speak on the amendment. This is pretty straightforward. It would sunset the nameand-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. 


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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. 

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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. 


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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.] 

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