[Congressional Record Volume 144, Number 49 (Tuesday, April 28, 1998)]
[House]
[Pages H2348-H2351]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  RHINO AND TIGER PRODUCT LABELING ACT

  Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2807) 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, as 
amended.
  The Clerk read as follows:

                               H.R. 2807

       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''.

[[Page H2349]]

     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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Saxton) and the gentleman from California (Mr. Miller) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Saxton).
  Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. SAXTON asked and was given permission to revise and extend his 
remarks.)
  Mr. SAXTON. Mr. Speaker, I am pleased that the House is now 
considering H.R. 2807, a bill which I introduced with the gentleman 
from California (Mr. Miller) entitled the Rhinoceros and Tiger Product 
Labeling Act.
  The fundamental goals of this measure are to eliminate the U.S. 
market for illegally obtained rhino and tiger products and, by so 
doing, the incentive to kill these magnificent animals.
  All populations of rhinos and tigers have been listed as endangered 
for over 20 years. Despite this fact, there are thousands of 
prepackaged oriental medicines sitting on pharmacy shelves throughout 
America with labels indicating they contain parts of rhinos and tigers.
  In fact, according to a recent survey conducted by the World Wildlife 
Fund, nearly 50 percent of the 110 shops they visited in North America 
offered medicines for sale containing or claiming to contain rhino and 
tiger parts. Investigators identified at least 31 types of rhino and 
tiger medicines that have been produced by 34 different manufacturers.
  What is most shocking was the study conclusion that the availability 
of these products has greatly increased over the last 5 years, while 
the danger to rhinos and tigers has increased as well.
  While these products are primarily manufactured in China, the U.S. 
has become a major market for their sale. Those who buy these medicines 
believe they are effective in combating pain, headaches, convulsions 
and other ills. Unfortunately, those practicing traditional Chinese 
medicine are not aware that synthetic alternatives are available and 
that they are directly contributing to the demise of rhinos and tigers.
  The underlying problem and the primary reason law enforcement 
officials are not confiscating these medicines is because it is 
virtually impossible to conclusively prove that they contain rhino and 
tiger parts. It would cost thousands of dollars to perform DNA tests on 
each of these products, and neither the Customs Service nor the Fish 
and Wildlife Service has sufficient resources to even begin to 
undertake such a massive job.
  The Rhinoceros and Tiger Product Labeling Act, which has now been 
cosponsored by over 40 Members, will solve that problem. Quite simply, 
if a label on a product says that it contains rhino and tiger parts, 
then we accept the truthfulness of the manufacturer's claim and stop 
the sale in the United States. In other words, the label is enough 
proof under this law. This will save the Federal Government a 
substantial amount of money, and it will help to ensure that rhinos and 
tigers can continue to survive in the wild.
  During our subcommittee hearing on H.R. 2807, every witness testified 
in strong support of the bill and for closing the loophole in our 
wildlife laws. These groups include the Clinton administration, the 
American Zoo and Aquarium Association, the International Rhino 
Foundation, Safari Club International, and the World Wildlife Fund.
  In his testimony, Dr. Terry Maple, the president-elect of the 
American Zoo and Aquarium Association, stated that passage of H.R. 
2807, combined with increased appropriations for law enforcement, will 
certainly be a bold step by the United States in ending the slaughter 
of rhinoceros and tigers in the world.
  I urge an ``aye'' vote on H.R. 2807; and I want to thank my 
colleagues who have joined in this effort.

[[Page H2350]]

  Mr. Speaker, I reserve the balance of my time.
  Mr. MILLER of California. Mr. Speaker, I yield myself such time as I 
may consume and rise in strong support of this legislation and thank 
the subcommittee chairman, the gentleman from New Jersey (Mr. Saxton), 
for bringing this matter both before the committee and before the House 
of Representatives.
  Over the course of the past hundred years, conflict with humans has 
brought literally thousands of species to the brink of extinction. In 
the past, those conflicts were often direct and bloody: the Passenger 
Pigeon, eliminated from this planet by hunting; great whales almost 
brought to the same fate by the commercial whaling industry; and the 
African elephant, whose numbers were decimated by greedy ivory traders.
  Today's story of the rhinoceros and the tiger is a little more 
complicated. Perhaps the conflict is a little less direct, but it is 
just as bloody. Throughout their range, these two magnificent species 
have been brought to their knees by habitat destruction and commercial 
trade in the products made from their carcasses.
  While the CITES convention, the Convention on International Trade and 
Endangered Fauna and Flora, has made great strides in controlling the 
international trade in rhino horn daggers and in tiger skins, these 
species continue to decline, due in part to the huge demand for 
traditional medicines using rhino and tiger products.
  A few years ago, Secretary Babbitt and the Clinton administration 
used their authority under the Pelly Amendment to the Fisherman's 
Protective Act to impose economic sanctions against Taiwan for failing 
to control this trade. It was the right decision, and it proved to be 
immensely helpful in getting the Government of Taiwan to work with the 
international conservation community to protect these animals.
  Unfortunately, the global rules of free trade now prevent the United 
States from using unilateral economic sanctions to protect wildlife, a 
lesson we have just had driven home to us by the World Trade 
Organization in its ruling against U.S. laws protecting the endangered 
sea turtles from irresponsible shrimp fishing practices.
  That makes this legislation even more important. It sends a clear 
message that any product imported illegally or labeled as containing 
rhino or tiger parts will, in fact, automatically be considered as 
contraband. As a result, our Fish and Wildlife agents can act to seize 
the product and prosecute the seller, many of whom will be committing a 
double crime by promoting an illegal product and falsifying the 
contents with synthetic or other substitutes for rhino and tiger 
ingredients.
  I would have preferred that my colleague and I were here today to 
debate the reauthorization of this Nation's premier wildlife protection 
law, the Endangered Species Act. Unfortunately, the committee has been 
unable so far to move this legislation that would responsibly 
reauthorize a statute designed to protect hundreds of endangered and 
threatened species worldwide, and it now appears another Congress will 
pass without full consideration of this important law. Certainly, the 
protection afforded by the Rhinoceros and Tiger Product Labeling Act 
will prove invaluable to these two species. I wish we could agree to 
protect all the endangered species as well.
  Mr. Speaker, this legislation is worthy of the support of all of the 
Members of the House of Representatives. Those of us who have had the 
opportunity to travel to some of the habitat of rhinoceros, of tigers, 
of even elephants, have met with government officials in Zimbabwe and 
other countries where we have seen the contraband that has been seized 
by poachers who kill these magnificent animals only for a very small 
part, in some cases the rhinoceros horn, in some cases they kill 
animals for their gallbladders, they kill them for their bones, for 
various body parts, and, obviously, the entire animal is decimated. It 
is destroyed for this trade.

  When we see the kinds of risk and the kinds of money that is put into 
the poaching, the illegal taking of these animals, it becomes very 
clear that we have got to do what we can, within the laws of the United 
States and certainly within our international trade agreements, to now 
make it more and more difficult, to have sanctions on countries that 
look the other way while these magnificent animals are being violated. 
They look the other way while illegal traffic is taking part; and, in 
some instances, governmental officials are taking bribes to allow 
people to engage in this activity.
  There is an effort to make sure that those who would deal and traffic 
in the parts of rhinos and tigers are kind of caught in a double whammy 
here. If they truthfully label their product for sale on the shelves of 
outlets in the United States, they are in violation of the law. If they 
mislead the public and they hide the fact it has it, they are in 
violation of the law.
  We met and the chairman went to great lengths to meet with the 
traditional medicine community that assured us there were, in fact, 
substitutes for these parts of rhinos and tigers that are in keeping 
with traditional medicine. And what that means and what that tells us 
is that the slaughter of these animals is simply then about greed and 
about the illegal trafficking in the parts of these animals.
  So I would hope that all my colleagues would support this 
legislation, and again I want to thank the gentleman from New Jersey 
(Mr. Saxton) for his presentation of this bill and to all of the staff 
on both sides of the committee that have worked hard to bring this 
legislation to the floor of the Congress. Hopefully, we will make a 
major contribution in reducing the illegal traffic and the absolutely 
unnecessary slaughter of these two magnificent creatures.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. SAXTON. Mr. Speaker, I yield myself the balance of my time.
  As both my friend, the gentleman from California (Mr. Miller), and I 
indicated earlier, there has been a broad range of support for this 
effort, and I want to personally thank the chairman of the Committee on 
Ways and Means, the gentleman from Texas (Mr. Archer), for his 
cooperation. Inasmuch as this is a trade issue, it was referred to the 
Committee on Ways and Means and their responsibility was waived by the 
chairman, and we want to thank him for that.
  I also want to mention the gentleman from the other body, Mr. 
Jeffords, has been extremely effective in his leadership in the other 
body, and I hope that we will together be able to make strides this 
year in bringing this to fruition.

                              {time}  1430

  I would just like to close, Mr. Speaker, by saying that this is not 
just an issue that is considered here in Congress. I have here a copy 
of Time Magazine from, I believe, March 1994, and it features an 
article about this issue, and it has a picture of one of these great 
cats on the cover; and the headline here on the cover is ``Doomed, Why 
the Real Tiger is on the Brink of Extinction.'' And it goes on at some 
length in the feature story to talk about tigers on the brink. ``Once 
considered a conservation success story, they are again sliding towards 
extinction. This time the world's nations may not be able to save these 
great cats.''
  And that is what we are here today making an effort to do. And in the 
story it just points out that the levels of populations throughout that 
part of the world that the tigers live, that many of the species, the 
Siberian tiger, for example, the population is down to an estimated 150 
to 200 animals. The South China tiger is down to an estimated 
population of 30 to 80 animals. The Javan tiger has been extinct since 
the 1980s. The Bali tiger has been extinct since the 1940s. The Caspian 
tiger has been extinct since the 1970s. The Indochinese tiger is down 
to a population of 1,000 to 1,700. And the Bengal tiger, which 
apparently in India is the most healthy of the species, has a 
population of an estimated 3,300 to 4,700 animals.
  So we are hopeful that everyone here today will vote in favor of H.R. 
2807, the Rhino Tiger Labeling Act. It is a very simple concept. It 
simply makes it relatively easy for us to enforce the laws that this 
House has previously passed. So, Mr. Speaker, I hope everyone will vote 
yea today.

[[Page H2351]]

  Mr. YOUNG of Alaska. Mr. Speaker, I rise in support of H.R. 2807, the 
Rhino and Tiger Product Labeling Act, a bill introduced by the Chairman 
of the Subcommittee on Fisheries Conservation, Wildlife and Oceans, Jim 
Saxton.
  There is no question that intense competition for land has resulted 
in the destruction of critical rhino and tiger habitat. After all, we 
are talking about some of the most densely populated countries in the 
world.
  Nevertheless, the major cause of the decline of rhinos and tigers is 
the huge ongoing demand for products made from these animals. For 
generations, Oriental medicines have contained ingredients of rhino and 
tiger parts that are consumed to fight headaches and fever in children, 
kidney and liver problems, convulsions, and heart conditions. In almost 
all cases, rhino horn and tiger bones are obtained from illegal 
sources.
  We must eliminate the market for these products and stop their 
importation into the United States. This is the goal of H.R. 2807. 
Instead of spending thousands of dollars trying to prove whether a 
particular Chinese medicine contains rhino or tiger parts, this 
legislation simply prohibits them from entering this country if the 
label says they contain these highly endangered species.
  By closing the U.S. market, the hope is that the demand for these 
products will end and the financial incentives to illegally kill rhino 
or tiger will no longer exist.
  Furthermore, there are synthetic alternatives to these products and 
it is essential that the U.S. Fish and Wildlife Service renew their 
educational efforts. Based on surveys conducted by the Wildlife 
Conservation Society, the majority of those people consuming 
traditional medicines have no idea they might be contributing to the 
destruction of these flagship species.
  I urge an aye vote on this bold wildlife conservation legislation 
which will hopefully stop the slaughter of rhinos and tigers in the 
wild.

                                         House of Representatives,


                                  Committee on ways and means,

                                   Washington, DC, April 23, 1998.
     Hon. Don Young,
     Chairman, Committee on Resources, U.S. House of 
         Representatives, Washington, DC.
       Dear Don: I am writing to address certain issues with H.R. 
     2807, as reported by the Committee on Resources on March 11, 
     1998, which would amend the Rhinoceros and Tiger Conservation 
     Act of 1994. The bill contains import prohibition and Customs 
     forfeiture provisions, which fall within the jurisdiction of 
     the Committee on Ways and Means.
       With respect to the import ban, H.R. 2807, as reported by 
     the Committee on Resources, prohibits any person from 
     selling, importing or exporting or attempting 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, 
     creates criminal and civil penalties, and allows for the 
     forfeiture of such products. Because these provisions fall 
     within the Committee's jurisdiction, the Committee would 
     ordinarily meet to consider the bill. However, because the 
     bill, as reported, applies the ban in compliance with the 
     letter and spirit of U.S. obligations under an existing 
     multilateral agreement governing such trade, I do not believe 
     that a markup of the bill is necessary.
       With respect to forfeiture, section 2 of H.R. 2807, as 
     reported, includes language within the jurisdiction of the 
     Committee on Ways and Means. Under normal circumstances the 
     Committee would meet to consider the bill. However, it is my 
     understanding that you will be offering an amendment on the 
     floor of the House of Representatives to substitute the 
     following language so that the existing statutory Customs 
     forfeiture provisions would apply:
       (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 sized 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, 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.
       Based on your assurances to this effect, and in order to 
     expedite consideration of this legislation, I do not believe 
     that a markup by the Committee on Ways and Means will be 
     necessary on this issue.
       I would appreciate your response to this letter, confirming 
     this understanding with respect to H.R. 2807, and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the record during floor consideration. Thank you 
     for your cooperation and assistance on this matter.
           With best personal regards,
                                                      Bill Archer,
     Chairman.
                                  ____

                                         House of Representatives,


                                       Committee on Resources,

                                   Washington, DC, April 23, 1998.
     Hon. Bill Archer,
     Chairman, Committee on Ways and Means, Longworth HOB, 
         Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding H.R. 
     2807, the Rhino and Tiger Product Labeling Act. Enactment of 
     this bill will help enforce the existing ban on the sale, 
     import or export of products containing rhinoceros and tiger 
     parts and therefore help conservation efforts for these 
     endangered species.
       I agree that the Committee on Ways and Means has 
     jurisdiction over import prohibitions and U.S. Customs 
     Service forfeitures. As noted in your letter, current law 
     already prohibits imports and exports of products containing 
     endangered species under the Lacey Act and the Convention on 
     International Trade in Endangered Species of Wild Fauna and 
     Flora. In addition, when H.R. 2807 is considered by the House 
     of Representatives, I do intend to substitute the forfeiture 
     language of the bill you have identified regarding Customs 
     powers, as this provision also duplicates Lacey Act authority 
     for the Secretary of the Interior.
       Thank you for your cooperation in this matter, and I will 
     place our correspondence on this issue in the Congressional 
     Record during debate on H.R. 2807.
           Sincerely,
                                                        Don Young,
                                                         Chairman.

  Mr. SABO. Mr. Speaker, I rise in strong support of H.R. 2807, the 
Rhinoceros and Tiger Product Labeling Act. This bill is a key 
bipartisan step to protect two of our planet's most precious and 
endangered animals--rhinos and tigers.
  Rhinos and tigers are coming perilously close to extinction in the 
wild because of illegal poaching to support the high demand for 
traditional medications. Congress has worked to protect these majestic 
animals by creating the Rhinoceros and Tiger Conservation Fund, and by 
banning the import or sale of products that contain parts of endangered 
species.
  Despite these laws to protect rhinos and tigers, a loophole allows 
many products to be sold in the United States that explicitly state--on 
their labels, no less--that they contain rhino and tiger parts.
  Proving that these products contain banned substances can be 
extremely difficult. Even after performing costly tests, the U.S. 
Customs Service often can't prove what the labels plainly show--that 
these products contain rhino and tiger parts and are illegal. The 
result is that many such products end up in stores across America.
  The Rhinoceros and Tiger Labeling Act would stop this costly and 
confusing exercise, and allow us to accept product labels at their face 
value. If products say they contain parts of endangered animals, we 
shouldn't let them in the country.
  I strongly support this bipartisan legislation to stop the flaunting 
of our laws and strengthen protections for endangered species.
  Mr. SAXTON. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Barrett). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Saxton) that the House 
suspend the rules and pass the bill, H.R. 2807, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________