[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 361 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                 S. 361

_______________________________________________________________________

                                 AN ACT


 
To amend the Rhinoceros and Tiger Conservation Act of 1994 to prohibit 
 the sale, importation, and exportation of products intended for human 
  consumption or application containing, or labeled or advertised as 
  containing, any substance derived from any species of rhinoceros or 
tiger, and to reauthorize the Rhinoceros and Tiger Conservation Act of 
                     1994, and for other purposes.

    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 ``Rhinoceros and Tiger Conservation 
Act of 1998''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the populations of all but 1 species of rhinoceros, and 
        the tiger, have significantly declined in recent years and 
        continue to decline;
            (2) these species of rhinoceros and tiger are listed as 
        endangered species under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.) and listed on Appendix I of the Convention 
        on International Trade in Endangered Species of Wild Fauna and 
        Flora, signed on March 3, 1973 (27 UST 1087; TIAS 8249) 
        (referred to in this Act as ``CITES'');
            (3) the Parties to CITES have adopted several resolutions--
                    (A) relating to the conservation of tigers (Conf. 
                9.13 (Rev.)) and rhinoceroses (Conf. 9.14), urging 
                Parties to CITES to implement legislation to reduce 
                illegal trade in parts and products of the species; and
                    (B) relating to trade in readily recognizable parts 
                and products of the species (Conf. 9.6), and trade in 
                traditional medicines (Conf. 10.19), recommending that 
                Parties ensure that their legislation controls trade in 
                those parts and derivatives, and in medicines 
                purporting to contain them;
            (4) a primary cause of the decline in the populations of 
        tiger and most rhinoceros species is the poaching of the 
        species for use of their parts and products in traditional 
        medicines;
            (5) there are insufficient legal mechanisms enabling the 
        United States Fish and Wildlife Service to interdict products 
        that are labeled or advertised as containing substances derived 
        from rhinoceros or tiger species and prosecute the 
        merchandisers for sale or display of those products; and
            (6) legislation is required to ensure that--
                    (A) products containing, or labeled or advertised 
                as containing, rhinoceros parts or tiger parts are 
                prohibited from importation into, or exportation from, 
                the United States; and
                    (B) efforts are made to educate persons regarding 
                alternatives for traditional medicine products, the 
                illegality of products containing, or labeled or 
                advertised as containing, rhinoceros parts and tiger 
                parts, and the need to conserve rhinoceros and tiger 
                species generally.

SEC. 3. PURPOSES OF THE RHINOCEROS AND TIGER CONSERVATION ACT OF 1994.

    Section 3 of the Rhinoceros and Tiger Conservation Act of 1994 (16 
U.S.C. 5302) is amended by adding at the end the following:
            ``(3) To prohibit the sale, importation, and exportation of 
        products intended for human consumption or application 
        containing, or labeled or advertised as containing, any 
        substance derived from any species of rhinoceros or tiger.''.

SEC. 4. DEFINITION OF PERSON.

    Section 4 of the Rhinoceros and Tiger Conservation Act of 1994 (16 
U.S.C. 5303) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by 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--
                            ``(i) the Federal Government;
                            ``(ii) any State, municipality, or 
                        political subdivision of a State; or
                            ``(iii) 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.''.

SEC. 5. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS 
              LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS.

    The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 
et seq.) is amended--
            (1) by redesignating section 7 as section 9; and
            (2) by inserting after section 6 the following:

``SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS 
              LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS.

    ``(a) Prohibition.--A person shall not sell, import, or export, or 
attempt to sell, import, or export, any product, item, or substance 
intended for human consumption or application containing, or labeled or 
advertised as containing, any substance derived from any species of 
rhinoceros or tiger.
    ``(b) Penalties.--
            ``(1) Criminal penalty.--A person engaged in business as an 
        importer, exporter, or distributor that knowingly violates 
        subsection (a) shall be fined under title 18, United States 
        Code, imprisoned not more than 6 months, or both.
            ``(2) Civil penalties.--
                    ``(A) In general.--A person that knowingly violates 
                subsection (a), and a person engaged in business as an 
                importer, exporter, or distributor that violates 
                subsection (a), may be assessed a civil penalty by the 
                Secretary of not more than $12,000 for each violation.
                    ``(B) Manner of assessment and collection.--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) Products, Items, and Substances.--Any product, item, or 
substance sold, imported, or exported, or attempted to be sold, 
imported, or exported, in violation of this section or any regulation 
issued under this section shall be subject to seizure and forfeiture to 
the United States.
    ``(d) Regulations.--After consultation with the Secretary of the 
Treasury, the Secretary of Health and Human Services, and the United 
States Trade Representative, the Secretary shall issue such regulations 
as are appropriate to carry out this section.
    ``(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 section in the manner in which the 
Secretaries carry out enforcement activities under section 11(e) of the 
Endangered Species Act of 1973 (16 U.S.C. 1540(e)).
    ``(f) Use of Penalty Amounts.--Amounts received as penalties, 
fines, or forfeiture of property under this section shall be used in 
accordance with section 6(d) of the Lacey Act Amendments of 1981 (16 
U.S.C. 3375(d)).''.

SEC. 6. EDUCATIONAL OUTREACH PROGRAM.

    The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 
et seq.) (as amended by section 5) is amended by inserting after 
section 7 the following:

``SEC. 8. EDUCATIONAL OUTREACH PROGRAM.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall develop and implement an 
educational outreach program in the United States for the conservation 
of rhinoceros and tiger species.
    ``(b) Guidelines.--The Secretary shall publish in the Federal 
Register guidelines for the program.
    ``(c) Contents.--Under the program, the Secretary shall publish and 
disseminate information regarding--
            ``(1) laws protecting rhinoceros and tiger species, in 
        particular laws prohibiting trade in products containing, or 
        labeled or advertised as containing, their parts;
            ``(2) use of traditional medicines that contain parts or 
        products of rhinoceros and tiger species, health risks 
        associated with their use, and available alternatives to the 
        medicines; and
            ``(3) the status of rhinoceros and tiger species and the 
        reasons for protecting the species.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 9 of the Rhinoceros and Tiger Conservation Act of 1994 (16 
U.S.C. 5306) (as redesignated by section 5(1)) is amended by striking 
``1996, 1997, 1998, 1999, and 2000'' and inserting ``1996 through 
2002''.

            Passed the Senate October 8 (legislative day, October 2), 
      1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                 S. 361

_______________________________________________________________________

                                 AN ACT

To amend the Rhinoceros and Tiger Conservation Act of 1994 to prohibit 
 the sale, importation, and exportation of products intended for human 
  consumption or application containing, or labeled or advertised as 
  containing, any substance derived from any species of rhinoceros or 
tiger, and to reauthorize the Rhinoceros and Tiger Conservation Act of 
                     1994, and for other purposes.