[Congressional Record Volume 146, Number 130 (Tuesday, October 17, 2000)]
[Senate]
[Pages S10632-S10633]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      BEAR PROTECTION ACT OF 1999

  Mr. COCHRAN. Mr. President, I ask unanimous consent the Senate now 
proceed to the consideration of Calendar No. 933, S. 1109.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1109) to conserve global bear populations by 
     prohibiting the importation, exportation, and interstate 
     trade of bear viscera and items, products, or substances 
     containing, or labeled or advertised as containing, bear 
     viscera, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. COCHRAN. Mr. President, I ask unanimous consent the bill be read 
the third time and passed, the motion to reconsider be laid upon the 
table, and any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1109) was read the third time and passed, as follows:

                                S. 1109

       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 ``Bear Protection Act of 
     1999''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) all 8 extant species of bear--Asian black bear, brown 
     bear, polar bear, American black bear, spectacled bear, giant 
     panda, sun bear, and sloth bear--are listed on Appendix I or 
     II of the Convention on International Trade in Endangered 
     Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249) 
     (referred to in this section as ``CITES'');
       (2) Article XIV of CITES provides that Parties to CITES may 
     adopt stricter domestic measures regarding the conditions for 
     trade, taking, possession, or transport of species on 
     Appendix I or II, and the Parties to CITES adopted a 
     resolution (Conf. 10.8) urging Parties to take immediate 
     action to demonstrably reduce the illegal trade in bear parts 
     and derivatives;
       (3) the Asian bear populations have declined significantly 
     in recent years, as a result of habitat loss and poaching due 
     to a strong demand for bear viscera used in traditional 
     medicines and cosmetics;
       (4) Federal and State undercover operations have revealed 
     that American bears have been poached for their viscera;
       (5) while most American black bear populations are 
     generally stable or increasing, commercial trade could 
     stimulate poaching and threaten certain populations if the 
     demand for bear viscera increases; and
       (6) prohibitions against the importation into the United 
     States and exportation from the United States, as well as 
     prohibitions against the interstate trade, of bear viscera 
     and products containing, or labeled or advertised as 
     containing, bear viscera will assist in ensuring that the 
     United States does not contribute to the decline of any bear 
     population as a result of the commercial trade in bear 
     viscera.

     SEC. 3. PURPOSES.

       The purpose of this Act is to ensure the long-term 
     viability of the world's 8 bear species by--
       (1) prohibiting international trade in bear viscera and 
     products containing, or labeled or advertised as containing, 
     bear viscera;
       (2) encouraging bilateral and multilateral efforts to 
     eliminate such trade; and
       (3) ensuring that adequate Federal legislation exists with 
     respect to domestic trade in bear viscera and products 
     containing, or labeled or advertised as containing, bear 
     viscera.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Bear viscera.--The term ``bear viscera'' means the body 
     fluids or internal organs, including the gallbladder and its 
     contents but not including blood or brains, of a species of 
     bear.
       (2) Import.--The term ``import'' means to land on, bring 
     into, or introduce into any place subject to the jurisdiction 
     of the United States, whether or not the landing, bringing, 
     or introduction constitutes an importation within the meaning 
     of the customs laws of the United States.
       (3) Person.--The term ``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; and
       (D) any other entity subject to the jurisdiction of the 
     United States.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means a State, the District 
     of Columbia, the Commonwealth of Puerto Rico, the Virgin 
     Islands, Guam, the Commonwealth of the Northern Mariana 
     Islands, American Samoa, and any other territory, 
     commonwealth, or possession of the United States.

[[Page S10633]]

       (6) Transport.--The term ``transport'' means to move, 
     convey, carry, or ship by any means, or to deliver or receive 
     for the purpose of movement, conveyance, carriage, or 
     shipment.

     SEC. 5. PROHIBITED ACTS.

       (a) In General.--Except as provided in subsection (b), a 
     person shall not--
       (1) import into, or export from, the United States bear 
     viscera or any product, item, or substance containing, or 
     labeled or advertised as containing, bear viscera; or
       (2) sell or barter, offer to sell or barter, purchase, 
     possess, transport, deliver, or receive, in interstate or 
     foreign commerce, bear viscera or any product, item, or 
     substance containing, or labeled or advertised as containing, 
     bear viscera.
       (b) Exception for Wildlife Law Enforcement Purposes.--A 
     person described in subparagraph (B) or (C) of section 4(3) 
     may import into, or export from, the United States, or 
     transport between States, bear viscera or any product, item, 
     or substance containing, or labeled or advertised as 
     containing, bear viscera if the importation, exportation, or 
     transportation--
       (1) is solely for wildlife law enforcement purposes; and
       (2) is authorized by a valid permit issued under Appendix I 
     or II of the Convention on International Trade in Endangered 
     Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249), in 
     any case in which such a permit is required under the 
     Convention.

     SEC. 6. PENALTIES AND ENFORCEMENT.

       (a) Criminal Penalties.--A person that knowingly violates 
     section 5 shall be fined under title 18, United States Code, 
     imprisoned not more than 1 year, or both.
       (b) Civil Penalties.--
       (1) Amount.--A person that knowingly violates section 5 may 
     be assessed a civil penalty by the Secretary of not more than 
     $25,000 for each violation.
       (2) Manner of assessment and collection.--A civil penalty 
     under this subsection 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 bear viscera, or 
     any product, item, or substance sold, imported, or exported, 
     or attempted to be sold, imported, or exported, in violation 
     of this section (including any regulation issued under this 
     section) shall be seized and forfeited 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 necessary 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. 7. DISCUSSIONS CONCERNING TRADE PRACTICES.

       The Secretary and the Secretary of State shall discuss 
     issues involving trade in bear viscera with the appropriate 
     representatives of countries trading with the United States 
     that are determined by the Secretary and the United States 
     Trade Representative to be the leading importers, exporters, 
     or consumers of bear viscera, and attempt to establish 
     coordinated efforts with the countries to protect bears.

     SEC. 8. REPORT.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary, in cooperation with appropriate State 
     agencies, shall submit to the Committee on Environment and 
     Public Works of the Senate and the Committee on Resources of 
     the House of Representatives a report detailing the progress 
     of efforts to end the illegal trade in bear viscera.

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