[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2807 Reported in House (RH)]






                                                 Union Calendar No. 286
105th CONGRESS
  2d Session
                                H. R. 2807

                          [Report No. 105-495]

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 4, 1997

 Mr. Saxton (for himself and Mr. Miller of California) introduced the 
    following bill; which was referred to the Committee on Resources

                             April 28, 1998

 Additional sponsors: Mr. Kennedy of Rhode Island, Mr. Gallegly, Mrs. 
 Morella, Mr. Price of North Carolina, Mr. Frank of Massachusetts, Mr. 
 Calvert, Ms. Pelosi, Ms. DeGette, Mr. Farr of California, Mr. Shays, 
     Mr. Moran of Virginia, Mr. Towns, Mr. Schiff, Mrs. Lowey, Mr. 
   Goodlatte, Ms. Hooley of Oregon, Mr. Boehlert, Mr. McGovern, Mr. 
   Campbell, Mr. Pappas, Mr. Delahunt, Mr. Lampson, Mr. Manton, Mr. 
Skaggs, Mrs. Johnson of Connecticut, Ms. Rivers, Ms. Furse, Mr. Green, 
  Mr. Portman, Mr. Gutierrez, Mr. Filner, Mr. Cook, Ms. Woolsey, Mr. 
  Markey, Mr. Olver, Ms. Norton, Mr. Sawyer, Mr. Lantos, Mr. Neal of 
 Massachusetts, Ms. Lofgren, Mr. Duncan, Mr. Sanders, and Mr. Traficant

                             April 28, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Rhino and Tiger Product 
Labeling Act''.</DELETED>

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

<DELETED>    (a) Findings.--The Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Prohibition.--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 
new section:</DELETED>

<DELETED>``SEC. 7. PROHIBITION RELATING TO LABELING.</DELETED>

<DELETED>    ``(a) Prohibition.--No person shall sell, import, or 
export any product labeled as containing any substance derived from any 
species of rhinoceros or tiger.</DELETED>
<DELETED>    ``(b) 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.''.</DELETED>

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 subject to forfeiture 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, shall be 
subject to forfeiture to the United States upon conviction of a 
criminal violation pursuant to subsection (b). 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, or alleged to have been 
incurred, under this Act, insofar as those laws are applicable and not 
inconsistent with this Act; except that all powers, rights, and duties 
conferred or imposed by the customs laws upon any officer or employee 
of the Treasury Department shall, for the purposes of this Act, be 
exercised or performed by the Secretary or by such persons as the 
Secretary may designate.
    ``(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.''.




                                                 Union Calendar No. 286

105th CONGRESS

  2d Session

                               H. R. 2807

                          [Report No. 105-495]

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                             April 28, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed