[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.
____________________