[Congressional Record Volume 144, Number 140 (Thursday, October 8, 1998)]
[Senate]
[Pages S12087-S12089]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             RHINOCEROS AND TIGER CONSERVATION ACT OF 1998

  Mr. JEFFORDS. I ask unanimous consent that the Senate now proceed to 
the consideration of Calendar No. 519, S. 361.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 361) to amend the Endangered Species Act of 1994 
     to prohibit the sale, import and export of products labeled 
     as containing endangered species, and for other purposes.

  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Environment and 
Public Works, with an amendment to strike all after the enacting clause 
and inserting in lieu thereof the following:

     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 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 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 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 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 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)).''.

[[Page S12088]]

     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 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''.
       Amend the title so as to read: ``A bill 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.''.


                           Amendment No. 3797

  Mr. JEFFORDS. Senator Chafee has a technical amendment at the desk, 
and I ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Vermont [Mr. Jeffords], for Mr. Chafee, 
     proposes an amendment numbered 3797.

  The amendment is as follows:
       On page 5, line 23, insert ``or advertised'' after 
     ``labeled''.
       On page 6, line 4, insert ``, or labeled or advertised as 
     containing,'' after ``containing''.
       On page 6, line 9, insert ``, or labeled or advertised as 
     containing,'' after ``containing''.
       On page 7, line 20, insert ``OR ADVERTISED'' after 
     ``LABELED''.
       On page 8, line 2, insert ``OR ADVERTISED'' after 
     ``LABELED''.
       On page 10, line 17, insert ``or advertised'' after 
     ``labeled''.
  Mr. CHAFEE. Mr. President, I am pleased that the Senate is 
considering S. 361, sponsored by Senator Jeffords and approved by the 
Committee on Environment and Public Works on July 22, 1998. Rhinos and 
tigers are some of the most critically endangered species on the 
planet. Fewer than 7,500 tigers survive in the world today, and of the 
eight subspecies that have been identified, three are extinct. Another 
subspecies in South China is on the brink of extinction, with a 
population of about 20 animals.
  Rhinos number between 11,000 and 13,500, with two species in Africa 
and three in Asia. Two of the Asian species themselves are on the verge 
of extinction, with the Javan rhino having less than 100 individuals, 
and the Sumatran rhino having less than 500.
  The reason for the recent decline of rhinos and tigers, and the 
primary immediate threat to their survival is the same--poaching. The 
reason for the poaching itself is also the same--parts of both rhinos 
and tigers are used in traditional Asian medicines.
  In 1994, Congress passed the Rhinoceros and Tiger Conservation Act to 
help conserve rhinos and tigers. The Act established the ``Rhinoceros 
and Tiger Conservation Fund'' to receive funds appropriated by 
Congress, as well as donations, to fund conservation projects. Since 
its enactment, Congress has appropriated $1 million for the program, 
funding 40 projects in 10 range countries in Africa and Asia.
  Despite this program and recent efforts by the Parties to CITES, 
trade of traditional Asian medicine containing rhino and tiger parts 
continues to be high, particularly in Asia and the United States. 
Neither the ESA not CITES allow for the interdiction of products that 
are labeled or advertised as containing substances derived from rhinos 
or tigers, without evidence that the products in fact contain these 
substances. Such evidence, at best, would be extremely difficult, 
expensive, and time-consuming to acquire, and at worst, would be 
impossible to acquire.
  The bill amends the Rhinoceros and Tiger Conservation Act to address 
this problem. It prohibits products that contain, or are labeled or 
advertised as containing, rhino and tiger parts, in an effort to reduce 
the supply and demand of those products in the United States. It 
requires a public outreach program in the United States to complement 
the prohibitions. Lastly, it reauthorizes the Rhinoceros and Tiger 
Conservation Act through 2002.
  As a related matter, I would like to note that even as Congress 
reaffirms and strengthens the laws for the conservation of rhinos and 
tigers, funding for implementation of these laws is woefully 
inadequate. This year--the Year of the Tiger--the Administration 
requested only $400,000 for implementing the Rhinoceros and Tiger 
Conservation Act. The Act is authorized to be appropriated up to $10 
million annually. I strongly urge the Administration, for FY 2000, to 
request funding commensurate with the dire situation facing rhinos, and 
particularly tigers, in the wild. I also would like to note that the 
Act allows for donations to be made to the Rhinoceros and Tiger 
Conservation Fund, and I urge both corporations and individuals to make 
donations to this Fund.
  I wish to thank my colleagues for considering this bill, and I urge 
the House to approve it expeditiously, so that it can then be signed by 
the President. I thank the Chair. I yield the floor.
  Mr. JEFFORDS. I ask unanimous consent the amendment be agreed to, the 
committee substitute be agreed to, the bill be considered read a third 
time and passed, the amendment to the title be agreed to, and the 
title, as amended, be agreed to, the motion to reconsider be laid upon 
the table, and that any statements relating to the bill be printed in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3797) was agreed to.
  The committee substitute, as amended, was agreed to.
  The bill (S. 361), as amended, was passed, as follows:

                                 S. 361

       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

[[Page S12089]]

     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''.

  The title was amended so as to read:

       A bill 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.

                          ____________________