[Congressional Record Volume 152, Number 70 (Tuesday, June 6, 2006)]
[Senate]
[Pages S5511-S5513]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




UNITED STATES-RUSSIA POLAR BEAR CONSERVATION AND MANAGEMENT ACT OF 2005

  Mr. McCONNELL. Mr. President, I ask unanimous consent the Senate 
proceed to the immediate consideration of Calendar No. 365, S. 2013.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 2013) to amend the Marine Mammal Protection Act 
     of 1972 to implement the Agreement on the Conservation and 
     Management of the Alaska-Chukotka Polar Bear Population.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. I ask unanimous consent the amendment at the desk be 
agreed to, the bill, as amended, be read the third time and passed, the 
motion to reconsider be laid upon the table and any statements be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4190) was agreed to, as follows:

 (Purpose: To reduce the amount authorized to be appropriated for each 
                          of the fiscal years)

       On page 20, line 16, strike ``$3,000,000'' and insert 
     ``$1,000,000''.
       On page 20, line 20, strike ``$500,000'' and insert 
     ``$150,000''.
       On page 20, line 25, strike ``$500,000'' and insert 
     ``$150,000''.

  The bill (S. 2013), as amended, was ordered to be engrossed for a 
third reading, read the third time and passed, as follows:

                                S. 2013

       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 ``United States-Russia Polar 
     Bear Conservation and Management Act of 2005''.

     SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION ACT OF 1972.

       (a) In General.--The Marine Mammal Protection Act of 1972 
     (16 U.S.C. 1361 et seq.) is amended by adding at the end 
     thereof the following:

                 ``TITLE V--ALASKA-CHUKOTKA POLAR BEARS

     ``SEC. 501. DEFINITIONS.

       ``In this title:
       ``(1) Agreement.--The term `Agreement' means the Agreement 
     Between the Government of the United States of America and 
     the Government of the Russian Federation on the Conservation 
     and Management of the Alaska-Chukotka Polar Bear Population, 
     signed at Washington, D.C., on October 16, 2000.
       ``(2) Alaska nanuuq commission.--The term `Alaska Nanuuq 
     Commission' means the Alaska Native entity, in existence on 
     the date of enactment of this Act, that represents all 
     villages in the State of Alaska that engage in the annual 
     subsistence taking of polar bears from the Alaska-Chukotka 
     population and any successor entity.
       ``(3) Import.--The term `import' means to land on, bring 
     into, or introduce into, or attempt to land on, bring into, 
     or introduce into, any place subject to the jurisdiction of 
     the United States, without regard to whether the landing, 
     bringing, or introduction constitutes an importation within 
     the meaning of the customs laws of the United States.
       ``(4) Native people.--The term `Native people' has the 
     meaning given the term in the Agreement.
       ``(5) Polar bear part or product.--The term `part or 
     product of a polar bear' means any polar bear part or 
     product, including the gall bile and gall bladder.
       ``(6) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(7) Taking.--The term `taking' means hunting, capturing, 
     or killing a polar bear.
       ``(8) United states-russia polar bear commission.--The term 
     `United States-Russia Polar Bear Commission' means the 
     binational commission established under article 8 of the 
     Agreement.
       ``(9) United states section.--The term `United States 
     Section' means the commissioners appointed by the President 
     under section 505 of this title.

     ``SEC. 502. PROHIBITIONS.

       ``(a) In General.--It is unlawful for any person--
       ``(1) to take any polar bear in violation of the Agreement;
       ``(2) to take any polar bear in violation of any annual 
     taking limit or other restriction on the taking of polar 
     bears that is adopted by the United States-Russia Polar Bear 
     Commission pursuant to the Agreement;
       ``(3) to import, export, possess, transport, sell, receive, 
     acquire, purchase, exchange, barter, or offer to sell, 
     exchange, or barter any polar bear, or any part or product of 
     a polar bear, that is taken in violation of the Agreement or 
     any limit or restriction on taking that is adopted by the 
     United States-Russia Polar Bear Commission;
       ``(4) to import, export, possess, transport, sell, receive, 
     acquire, purchase, exchange, or barter, offer to sell, 
     exchange, or barter, polar bear gall bile or a polar bear 
     gall bladder;
       ``(5) to attempt to commit, solicit another person to 
     commit, or cause to be committed, any offense under this 
     subsection; or
       ``(6) to violate any regulation promulgated by the 
     Secretary to implement any of the prohibitions established in 
     this subsection.
       ``(b) Exceptions.--For the purpose of forensic testing or 
     any other law enforcement purpose, a government official may 
     import a polar bear or any part or product of a polar bear.

     ``SEC. 503. ADMINISTRATION AND ENFORCEMENT.

       ``(a)  In General.--The Secretary, acting through the 
     United States Fish and Wildlife Service, shall do all things 
     necessary and appropriate, including the promulgation of 
     regulations, to implement, enforce, and administer the 
     provisions of the Agreement on behalf of the United States. 
     The Secretary shall consult with the Secretary of State, the 
     Marine Mammal Commission, and the Alaska Nanuuq Commission on 
     matters involving the implementation of the Agreement. The 
     Secretary may utilize by agreement, with or without 
     reimbursement, the personnel, services, and facilities of any 
     other Federal agency, any State agency, or the Alaska Nanuuq 
     Commission for purposes of carrying out this title or the 
     Agreement. Any person authorized by the Secretary under this 
     subsection to enforce this title or the Agreement shall have 
     the powers and authorities that are enumerated in section 
     6(b) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(b)).
       ``(b)  Forfeiture.--
       ``(1) Requirement.--
       ``(A) In general.--A polar bear, or any part or product of 
     a polar bear, that is (or attempted to be) imported, 
     exported, taken, possessed, transported, sold, received, 
     acquired, purchased, exchanged, or bartered or offered for 
     sale, exchange, or barter, or purchase, in violation of this 
     title, shall be subject to seizure and forfeiture to the 
     United States without any showing that may be required for 
     assessment of a civil penalty or for criminal prosecution.
       ``(B) Equipment.--Each gun, trap, net, or other equipment 
     used, and any vessel, vehicle, aircraft, or other means of 
     transportation used, to aid in the violation or attempted 
     violation of this title shall be subject to forfeiture to the 
     United States upon conviction of a criminal violation in 
     accordance with subsection (e).
       ``(2) Inspection.--
       ``(A) In general.--Any person authorized by the Secretary, 
     the Secretary of the Treasury, the Secretary of Homeland 
     Security, or the Secretary of Commerce to enforce this title 
     may--
       ``(i) detain and inspect any container, including the 
     contents of the container, and all accompanying documents, 
     upon importation or exportation of the container;
       ``(ii) search and, if the container is found to contain a 
     polar bear or part or product of

[[Page S5512]]

     a polar bear, seize the package, crate, or container, and any 
     documentation associated with it, with or without a warrant.
       ``(B) Treatment of seized materials.--
       ``(i) In general.--Except as provided in clause (ii), any 
     polar bear, or any part or product of a polar bear, seized 
     under this section shall be held by any person authorized by 
     the Secretary, the Secretary of the Treasury, the Secretary 
     of Homeland Security, or the Secretary of Commerce pending 
     disposition of civil or criminal proceedings, or the 
     institution of an action in rem for forfeiture of the polar 
     bear, part, or product, in accordance with this subsection.
       ``(ii) Bond.--Subject to clause (iii), in lieu of holding a 
     polar bear or any part or product of a polar bear described 
     in clause (i), the Secretary may permit the owner to post a 
     bond or other surety satisfactory to the Secretary.
       ``(iii) Disposal.--Upon forfeiture of any property to the 
     United States under this subsection, or the abandonment or 
     waiver of any claim to any such property, the property shall 
     be disposed of by the Secretary in such a manner, consistent 
     with the purposes of this title, as the Secretary shall by 
     regulation prescribe.
       ``(3) Applicable law.--
       ``(A) In general.--Subject to subparagraph (B), the 
     following provisions of law described in subparagraph (B) 
     shall apply to all seizures and forfeitures carried out under 
     this title:
       ``(i) All provisions of law relating to the seizure, 
     forfeiture, and condemnation of property for violation of the 
     customs laws.
       ``(ii) All provisions of law relating to the disposition of 
     seized or forfeited property or the proceeds from the sale of 
     that property.
       ``(iii) All provisions of law relating to the remission or 
     mitigation of that forfeiture.
       ``(iv) Section 981 of title 18, United States Code.
       ``(B) Exception.--All powers, rights, and duties conferred 
     or imposed by the customs laws upon any officer or employee 
     of the Department of Treasury shall, for the purpose of this 
     title, be exercised or performed by--
       ``(i) the Secretary or the Secretary's designee; or
       ``(ii) such persons as the Secretary may designate.
       ``(c) Civil Penalties.--
       ``(1) Penalties.--
       ``(A) In general.--Any person who knowingly engages in 
     conduct prohibited by section 502, or who in the exercise of 
     due care should know that the person is engaging in conduct 
     prohibited by section 502, may be assessed a civil penalty by 
     the Secretary of not more than $50,000 for each violation.
       ``(B) Notice and opportunity for hearing.--No penalty may 
     be assessed against a person under this paragraph unless the 
     person is given notice and opportunity for a hearing with 
     respect to the violation for which the penalty is assessed.
       ``(C) Separate offenses.--Each violation shall be a 
     separate offense.
       ``(D) Remission and mitigation.--A civil penalty assessed 
     under this paragraph may be remitted or mitigated by the 
     Secretary.
       ``(E) Civil action.--Upon any failure by a person to pay a 
     civil penalty assessed under this paragraph--
       ``(i) the Secretary may request the Attorney General to 
     bring a civil action in the United States district court for 
     any district in which the person is found, resides, or 
     transacts business to collect the penalty; and
       ``(ii) the court shall have jurisdiction to hear and decide 
     any such action.
       ``(F) Standard.--A court shall hear and sustain a civil 
     action by the Secretary under subparagraph (E) if the civil 
     action is supported by substantial evidence on the record 
     considered as a whole.
       ``(2) Procedure.--
       ``(A) In general.--A hearing held during proceedings for 
     the assessment of a civil penalty under paragraph (1) shall 
     be conducted in accordance with section 554 of title 5, 
     United States Code.
       ``(B) Subpoenas.--The Secretary may issue subpoenas for the 
     attendance and testimony of witnesses and the production of 
     relevant papers, books, and documents, and administer oaths.
       ``(C) Reimbursement of witnesses.--A witness summoned to 
     appear in a proceeding under this paragraph shall be paid the 
     same fees and mileage that are paid to witnesses in the 
     courts of the United States.
       ``(D) Contumacy.--In case of contumacy or refusal to obey a 
     subpoena served upon any person under this paragraph--
       ``(i) the United States district court for any district in 
     which the person is found, resides, or transacts business, 
     upon application by the United States and after notice to the 
     person, shall have jurisdiction to issue an order requiring 
     the person to appear and give testimony before the Secretary, 
     to appear and produce documents before the Secretary, or 
     both; and
       ``(ii) any failure to obey such an order of the court may 
     be punished by the court as a contempt of the court.
       ``(d)  Criminal Penalties.--A person who knowingly violates 
     section 502 shall be fined not more than $100,000 for each 
     such violation, imprisoned not more than 1 year, or both.
       ``(e) District Court Jurisdiction.--
       ``(1) In general.--The United States district courts, 
     including the courts specified in section 460 of title 28, 
     United States Code, shall have jurisdiction over any action 
     arising under this title.
       ``(2) Alaskan cases.--Notwithstanding paragraph (1), the 
     United States District Court for the district of Alaska shall 
     have exclusive original jurisdiction of any action arising 
     under this title for any violation committed, or alleged to 
     have been committed, in Alaska.
       ``(f) Other Enforcement.--The importation or exportation of 
     a polar bear, or any part or product of a polar bear, that is 
     taken, possessed, transported, sold, received, acquired, 
     purchased, exchanged, or bartered or offered for sale, 
     exchange, or barter, or purchase, in violation of the 
     Agreement or any limitation or restriction of the United 
     States-Russia Polar Bear Commission shall be considered to be 
     transportation of wildlife for the purpose of section 3(a) of 
     the Lacey Act Amendments of 1981 (16 U.S.C. 3372(a)).
       ``(g)  Regulations.--
       ``(1) In general.--The Secretary shall promulgate such 
     regulations as are necessary to carry out this title and the 
     Agreement.
       ``(2) Ordinances and regulations.--If necessary to carry 
     out this title and the Agreement, and to improve compliance 
     with the annual taking limit or other restriction on taking 
     adopted by the United States-Russia Polar Bear Commission and 
     implemented by the Secretary in accordance with this title, 
     the Secretary may promulgate regulations that adopt any 
     ordinance or regulation that restricts the taking of polar 
     bears for subsistence purposes if the ordinance or regulation 
     has been promulgated by the Alaska Nanuuq Commission.
       ``(h)  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)).
       ``(i) Severability.--If any provision of this title is, for 
     any reason, found to be invalid by a court of competent 
     jurisdiction, the judgment of the court--
       ``(1) shall not affect, impair, or invalidate the remaining 
     provisions of this title; and
       ``(2) shall instead be confined in its operation to 
     provision of the Act directly involved in the controversy in 
     which the judgment is rendered.

     ``SEC. 504. DESIGNATION AND APPOINTMENT OF MEMBERS OF THE 
                   UNITED STATES SECTION OF THE COMMISSION; 
                   COMPENSATION, TRAVEL EXPENSES, AND CLAIMS.

       ``(a) Designation and Appointment.--
       ``(1) In general.--The United States shall be represented 
     on the United States-Russia Polar Bear Commission by 2 United 
     States commissioners.
       ``(2) Appointment.--The United States commissioners shall 
     be appointed by the President, after taking into 
     consideration the recommendations of--
       ``(A) the Secretary;
       ``(B) the Secretary of State;
       ``(C) the Speaker of the House of Representatives and the 
     President pro tempore of the Senate; and
       ``(D) the Alaska Nanuuq Commission.
       ``(3) Qualifications.--With respect to the United States 
     commissioners appointed under this subsection, in accordance 
     with paragraph 2 of article 8 of the Agreement--
       ``(A) 1 United States commissioner shall be an official of 
     the Federal Government;
       ``(B) 1 United States commissioner shall be a 
     representative of the Native people of Alaska, and, in 
     particular, the Native people for whom polar bears are an 
     integral part of their culture; and
       ``(C) both commissioners shall be knowledgeable of, or have 
     expertise in, polar bears.
       ``(4) Service and term.--Each United States commissioner 
     shall serve--
       ``(A) at the pleasure of the President; and
       ``(B) for an initial 4-year term and such additional terms 
     as the President shall determine.
       ``(5) Vacancies.--
       ``(A) In general.--Any individual appointed to fill a 
     vacancy occurring before the expiration of any term of office 
     of a United States commissioner shall be appointed for the 
     remainder of that term.
       ``(B) Manner.--Any vacancy on the United States-Russia 
     Polar Bear Commission shall be filled in the same manner as 
     the original appointment.
       ``(b) Alternate Commissioners.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of State, the Speaker of the House of 
     Representatives, the President pro tempore of the Senate, and 
     the Alaska Nanuuq Commission, shall designate an alternate 
     commissioner for each member of the United States Section.
       ``(2) Duties.--In the absence of a commissioner, an 
     alternate commissioner may exercise all functions of the 
     commissioner at any meetings of the United States-Russia 
     Polar Bear Commission or of the United States Section.
       ``(3) Reappointment.--An alternate commissioner--
       ``(A) shall be eligible for reappointment by the President; 
     and
       ``(B) may attend all meetings of the United States Section.
       ``(c) Duties.--The members of the United States Section may 
     carry out the functions and responsibilities described in 
     article 8 of the Agreement in accordance with this title and 
     the Agreement.
       ``(d) Compensation and Expenses.--
       ``(1) Compensation.--A member of the United States Section 
     shall serve without compensation.
       ``(2) Travel expenses.--A member of the United States 
     Section shall be allowed travel expenses, including per diem 
     in lieu of subsistence, at rates authorized for an employee

[[Page S5513]]

     of an agency under subchapter I of chapter 57 of title 5, 
     United States Code, while away from the home or regular place 
     of business of the member in the performance of the duties of 
     the United States-Russia Polar Bear Commission.
       ``(e) Agency Designation.--The United States Section shall, 
     for the purpose of title 28, United States Code, relating to 
     claims against the United States and tort claims procedure, 
     be considered to be a Federal agency.

     ``SEC. 505. VOTES TAKEN BY THE UNITED STATES SECTION ON 
                   MATTERS BEFORE THE COMMISSION.

        In accordance with paragraph 3 of article 8 of the 
     Agreement, the United States Section shall vote on any issue 
     before the United States-Russia Polar Bear Commission only if 
     there is no disagreement between the 2 United States 
     commissioners regarding the vote.

     ``SEC. 506. IMPLEMENTATION OF ACTIONS TAKEN BY THE 
                   COMMISSION.

       ``(a) In General.--The Secretary shall take all necessary 
     and appropriate actions to implement the decisions and 
     determinations of the United States-Russia Polar Bear 
     Commission under paragraph 7 of article 8 of the Agreement.
       ``(b) Taking Limitation.--Not later than 60 days after the 
     date on which the Secretary receives notice of the 
     determination of the United States-Russia Polar Bear 
     Commission of an annual taking limit, or of the adoption by 
     the United States-Russia Polar Bear Commission of other 
     restriction on the taking of polar bears for subsistence 
     purposes, the Secretary shall publish a notice in the Federal 
     Register announcing the determination or restriction.

     ``SEC. 507. COOPERATIVE MANAGEMENT AGREEMENT; AUTHORITY TO 
                   DELEGATE ENFORCEMENT AUTHORITY.

       ``(a) In General.--The Secretary, acting through the United 
     States Fish and Wildlife Service, may share authority under 
     this title for the management of the taking of polar bears 
     for subsistence purposes with the Alaska Nanuuq Commission.
       ``(b) Delegation.--To be eligible for the cooperative 
     management authority described in subsection (a), the Alaska 
     Nanuuq Commission--
       ``(1) shall have an active cooperative agreement with the 
     Secretary under section 119 of this title for the 
     conservation of polar bears;
       ``(2) shall meaningfully monitor compliance with this title 
     and the Agreement by Alaska Natives; and
       ``(3) shall administer its co-management program for polar 
     bears in accordance with--
       ``(A) this title;
       ``(B) the Agreement; and
       ``(C) the Agreement on the Conservation of Polar Bears, 
     done at Oslo, November 15, 1973 (27 UST 3918; TIAS 8409).

     ``SEC. 508. APPLICATION WITH OTHER TITLES OF ACT.

       ``(a) In General.--The authority of the Secretary under 
     this title is in addition to, and shall not affect the 
     authority of the Secretary under, the other titles of this 
     Act or the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et 
     seq.) or the exemption for Alaskan natives under section 
     101(b) of this Act.
       ``(b) Certain Provisions Inapplicable.--The provisions of 
     titles I through IV of this Act do not apply with respect to 
     the implementation, enforcement, or administration of this 
     title.''.

     ``SEC. 509. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to the Secretary to carry out the functions and 
     responsibilities of the Secretary under this title and the 
     Agreement $1,000,000 for each of fiscal years 2006 through 
     2010.
       ``(b) Commission.--There are authorized to be appropriated 
     to the Secretary to carry out functions and responsibilities 
     of the United States Section $150,000 for each of fiscal 
     years 2006 through 2010.
       ``(c) Alaskan Cooperative Management Program.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this title and the Agreement in Alaska $150,000 for each of 
     fiscal years 2006 through 2010.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1361 et seq.) is amended by adding at the end the 
     following:

                  Title V--Alaska-Chukotka Polar Bears

``Sec. 501. Definitions.
``Sec. 502. Prohibitions.
``Sec. 503. Administration and enforcement.
``Sec. 504. Designation and appointment of members of the United States 
              Section of the Commission; compensation, travel expenses, 
              and claims.
``Sec. 505. Votes taken by the United States Section on matters before 
              the Commission.
``Sec. 506. Implementation of actions taken by the Commission.
``Sec. 507. Cooperative management agreement; authority to delegate 
              enforcement authority.
``Sec. 508. Application with other titles of Act.
``Sec. 509. Authorization of appropriations.''.

                          ____________________