H.R. 2807 (rh) To amend the Rhinoceros and Tiger Conservation Act of 1994 to prohibit the sale, importation, and exportation of products labeled as containing substances derived from rhinoceros or tiger. ...

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105th CONGRESS
  2d Session
                                H. R. 2807


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 29, 1998

                                Received

                              May 21, 1998

  Read twice and referred to the Committee on Environment and Public 
                                 Works

_______________________________________________________________________

                                 AN ACT


 
To amend the Rhinoceros and Tiger Conservation Act of 1994 to prohibit 
     the sale, importation, and exportation of products labeled as 
        containing substances derived from rhinoceros or tiger.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rhino and Tiger Product Labeling 
Act''.

SEC. 2. PROHIBITION ON SALE, IMPORTATION, AND EXPORTATION OF PRODUCTS 
              LABELED AS CONTAINING A SUBSTANCE DERIVED FROM RHINOCEROS 
              OR TIGER.

    (a) Findings.--The Congress finds the following:
            (1) The populations of several magnificent and unique 
        endangered species of rhinoceros and tigers, such as the Indian 
        rhinoceros, the Javan rhinoceros, the African black rhinoceros, 
        and all of the tiger subspecies, continue to decline.
            (2) Growing demand throughout the world for wildlife and 
        wildlife parts and products has created a market in which 
        commercial exploitation has threatened certain rhinoceros and 
        tiger populations.
            (3) There are insufficient legal mechanisms enabling the 
        United States Fish and Wildlife Service to forcefully interdict 
        products that are labeled as containing substances derived from 
        rhinoceros or tiger species and prosecute the merchandisers for 
        sale or display of those products.
            (4) Although approximately 77,000 import and export 
        shipments occur annually in the United States, the United 
        States Fish and Wildlife Service is able to maintain only 92 
        wildlife inspectors at 30 ports of entry, including 13 
        designated ports, to monitor the shipments.
            (5) Wildlife inspectors are able to physically inspect only 
        an estimated 5 to 10 percent of all import and export 
        shipments, making the rate of detection of contraband wildlife 
        products extremely low.
            (6) Alternatives are available to the traditional medicinal 
        products that contain substances derived from rhinoceros and 
        tiger species.
            (7) Public education initiatives directed toward 
        traditional user groups on the endangered status of rhinoceros 
        and tiger species and on the availability of alternative 
        products in traditional medicine have proven useful in reducing 
        the demand for products labeled as containing substances 
        derived from rhinoceros and tiger species, and should be 
        encouraged.
    (b) Prohibition, Penalties, and Enforcement.--The Rhinoceros and 
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.) is amended by 
redesignating section 7 as section 8, and by inserting after section 6 
the following:

``SEC. 7. PROHIBITION RELATING TO PRODUCTS CONTAINING OR PURPORTING TO 
              CONTAIN ANY SUBSTANCE DERIVED FROM A RHINOCEROS OR TIGER 
              SPECIES.

    ``(a) Prohibition.--No person shall sell, import, or export, or 
attempt to sell, import, or export any product, item, or substance 
intended for human consumption containing or purporting to contain any 
substance derived from any species of rhinoceros or tiger.
    ``(b) Penalties.--
            ``(1) Criminal penalty.--Any person who knowingly violates 
        subsection (a) shall be fined under title 18, United States 
        Code, imprisoned for not more than 1 year, or both.
            ``(2) Civil penalties.--Any person who knowingly violates, 
        and any person engaged in business as an importer, distributor, 
        or retailer of products, items, or substances purporting to 
        contain substances derived from any species of rhinoceros or 
        tiger who violates subsection (a) may be assessed a civil 
        penalty by the Secretary of not more than $25,000 for each 
        violation. A civil penalty under this paragraph shall be 
        assessed, and may be collected, in the manner in which a civil 
        penalty under the Endangered Species Act of 1973 may be 
        assessed and collected under section 11(a) of that Act (16 
        U.S.C. 1540(a)).
    ``(c) Forfeitures.--Any product, item, or substance sold, imported, 
or exported, or attempted to be sold, imported, or exported, contrary 
to the provisions of this Act or any regulation made pursuant thereto 
shall be seized and forfeited to the United States. All equipment, 
vessels, vehicles, aircraft, and other means of transportation used to 
aid the selling, exporting, or importing, or an attempt to sell, 
export, or import, of any product, item, or substance in violation of 
this Act or any regulation issued pursuant to this Act, may be seized 
and forfeited to the United States. All laws relating to the seizure, 
forfeiture, and condemnation of a vessel for violation of the customs 
laws, the disposition of such vessel or the proceeds from the sale 
thereof, and the remission or mitigation of such forfeiture, shall 
apply to the seizures and forfeitures incurred under this Act, insofar 
as those laws are applicable and not inconsistent with this Act.
    ``(d) Regulations.--The Secretary, after consultation with the 
Secretary of the Treasury, the Secretary of Health and Human Services, 
and the United States Trade Representative, shall prescribe regulations 
that are necessary and appropriate to carry out the purposes of this 
Act.
    ``(e) Enforcement.--The Secretary, the Secretary of the Treasury, 
and the Secretary of the department in which the Coast Guard is 
operating shall enforce this Act in the same manner such Secretaries 
carry out enforcement activities under section 11(e) of the Endangered 
Species Act of 1973 (16 U.S.C. 1540(e)).''.
    (c) Definition of Person.--Section 4 of the Rhinoceros and Tiger 
Conservation Act of 1994 (16 U.S.C. 5301 et seq.) is amended by--
            (1) striking ``and'' at the end of paragraph (4);
            (2) striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (3) adding at the end the following:
            ``(6) `person' means--
                    ``(A) an individual, corporation, partnership, 
                trust, association, or other private entity;
                    ``(B) an officer, employee, agent, department, or 
                instrumentality of the Federal Government, of any 
                State, municipality, or political subdivision of a 
                State, or of any foreign government;
                    ``(C) a State, municipality, or political 
                subdivision of a State; or
                    ``(D) any other entity subject to the jurisdiction 
                of the United States.''.

            Passed the House of Representatives April 28, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

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