[Senate Report 105-282]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 519
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-282
_______________________________________________________________________


 
             RHINOCEROS AND TIGER CONSERVATION ACT OF 1998

                                _______
                                

                 July 31, 1998.--Ordered to be printed

_______________________________________________________________________


    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 361]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 361) to amend the Endangered Species Act 
of 1973 to prohibit the sale, import, and export of products 
labeled as containing endangered species, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and with an amendment to the title, and 
recommends that the bill, as amended, do pass.

                    General Statement and Background

    Rhinoceroses and tigers have very little in common. They 
are classified under different orders in zoological taxonomy, 
with the tiger in the order of Carnivora, and the rhino in the 
order of Perissodactyla. The tiger is a carnivore and a top-
level predator, while the rhino is an herbivore, and an 
ungulate, or hooved animal. Tigers are one of the fastest and 
most wide roaming land mammals on the planet; rhinos forage 
within comparatively limited ranges of habitat.
    Rhinos and tigers share, however, three vital facts that 
will have a direct bearing on the likelihood of their survival. 
They 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 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 their recent declines, and the primary 
immediate threat to the survival of each is the same--poaching. 
Habitat loss is another threat to the survival of both species, 
although this loss has been ameliorated to some extent by the 
establishment of reserves for these species in the range 
countries of both Africa and Asia. An additional threat facing 
the tiger is the loss of prey species.
    Lastly, the primary reason for poaching is also the same: 
parts of both rhinos and tigers are used in traditional Asian 
medicines. Tiger bone is used to treat ailments such as 
rheumatism and arthritis. Rhino horn is used to treat delirium, 
convulsions and other illnesses. Tigers are poached in addition 
for their skins, and rhinos are also poached for use of their 
horn in making dagger handles in Yemen and Oman.
    It is in this context that Congress passed the Rhinoceros 
and Tiger Conservation Act of 1994 (the Act). This Act 
established a program to provide financial assistance for 
projects for the conservation of rhinos and tigers in the 
countries whose activities directly or indirectly affect the 
species, and for the Secretariat of the Convention on 
International Trade in Endangered Species of Wild Fauna and 
Flora (CITES). The Act established a separate account in the 
General Treasury known as the ``Rhinoceros and Tiger 
Conservation Fund'' to receive funds appropriated by Congress. 
Since its enactment, Congress has appropriated $1 million for 
the Act, with $200,000 in 1996, and $400,000 in each of 1997 
and 1998.
    At least once a year, the U.S. Fish and Wildlife Service 
(the Service) sends a request for proposals to government and 
non-government organizations around the world that are 
interested in the conservation of rhinos and tigers. Since 
1996, 40 proposals have been funded for projects in 10 range 
countries in Africa and Asia. Of this total, 7 projects were in 
Africa and 33 in Asia; 15 projects related to rhinos, 14 
projects related to tigers, and 11 projects related to both 
species. The Service has disbursed or obligated a total of 
$756,352, with individual projects averaging just under 
$19,000. Some of these projects have provided equipment and 
training for anti-poaching efforts, including basic necessities 
such as clothing and radios for communication.
    All the witnesses at the hearing on July 7, 1998 before the 
committee noted that the projects funded under the Act have 
provided important assistance to rhino and tiger conservation 
efforts, but emphasized that additional efforts are necessary 
in order to better protect these species. First, all the 
witnesses advocated adequate funding for, as well as 
reauthorization of, the Act. Second, witnesses advocated 
specific initiatives to address continued poaching of rhinos 
and tigers, by reducing the supply and availability of rhino 
and tiger parts from the marketplace.
    Despite recent efforts by the Parties to CITES to reduce 
ongoing trade of traditional Asian medicine containing rhino 
and tiger parts, several studies by Traffic North America (part 
of Traffic Network, a joint program of the World Wildlife Fund 
and the International Union for the Conservation of Nature 
(IUCN)) have indicated that little progress has been made in 
actually curbing this trade, and that demand for these 
medicines remains high in markets in Asia and the United 
States. In one study conducted by Traffic North America, 110 
shops in the Chinatowns of seven different cities across North 
America (Atlanta, Los Angeles, New York, San Francisco, 
Seattle, Toronto, and Vancouver) were surveyed, and 43 percent 
offered to sell medicine containing or claiming to contain 
tiger parts, while 15 percent offered to sell medicine 
containing or claiming to contain rhino parts. Within the shops 
surveyed, at least 31 different types of medicines containing 
or claiming to contain rhino or tiger parts, produced by as 
many as 34 different manufacturers, were found. Furthermore, 
this study concluded that the availability of these products 
has increased in the last five years. Another study conducted 
by the Wildlife Conservation Society found that 67 percent of 
the Asian herbal shops and supermarkets visited in New York 
City's Chinese communities sold traditional Asian medicines 
containing or claiming to contain tiger parts, generally 
ranging in price from $2 to $8.
    CITES prohibits the commercial trade of all species of 
rhino and the tiger, as well as any parts or products of these 
species. The Endangered Species Act (ESA) lists all species of 
rhino, except the white rhinoceros population of southern 
Africa, and the tiger, as endangered, and also prohibits trade 
in these species. However, these laws do not 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.
    In light of the precarious status of the species, the 
success of the Act, and the need for further efforts to address 
poaching and the continuing demand for traditional Asian 
medicine containing rhino and tiger parts, the bill focuses on 
three major elements: prohibit the sale, import, or export of 
products that contain, or are labeled or advertised as 
containing, rhino and tiger parts, in an effort to reduce the 
demand for, and supply of, those products in the United States; 
initiate a public outreach program throughout the United States 
to complement the prohibitions in this bill; and reauthorize 
the Act, to bolster support for the Act, and for rhino and 
tiger conservation generally.

                     Objectives of the Legislation

    S. 361 amends 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. The 
bill also establishes an educational outreach program for the 
conservation of rhinoceros and tiger species, and reauthorizes 
the Act through fiscal year 2002.

                      Section-by-Section Analysis

Section 1. Short Title
    This section provides that the bill may be cited as the 
``Rhinoceros and Tiger Conservation Act of 1998.''
Section 2. Findings
    This section provides the findings of Congress. The 
populations of all but one species of rhinoceros, and the 
tiger, have significantly declined in recent years and continue 
to decline. Except for the white rhinoceros in southern Africa, 
all of these species are listed as endangered under the 
Endangered Species Act, and all rhino and tiger species are 
listed on Appendix I of CITES. The Parties to CITES have 
adopted one resolution each relating to tigers and rhinoceros, 
urging Parties to implement legislation to reduce illegal trade 
in parts and products of these species. The Parties have also 
adopted resolutions relating to the trade in readily 
recognizable parts and products of species, and trade in 
traditional medicines, recommending that Parties ensure that 
their legislation controls trade in those parts and 
derivatives, and in medicines purporting to contain them.
    A primary cause of the decline in the populations of tiger 
and most rhinoceros species is poaching for use of their parts 
and products in traditional medicines. Currently, there are 
insufficient legal mechanisms enabling the Service to interdict 
products that are labeled as containing substances derived from 
rhinoceros or tiger species and to prosecute the merchandisers 
for sale or display of those products. Legislation is required 
to ensure that products containing tiger parts or rhinoceros 
parts are prohibited from importation into, or exportation 
from, the United States, and that efforts are made to educate 
persons regarding alternatives for traditional medicines, the 
illegality of products containing tiger and rhino parts, and 
the need to conserve rhino and tiger species.
Section 3. Purposes of the Rhinoceros and Tiger Conservation Act of 
        1994
    This section amends section 3 of the Act, which identifies 
the purposes of the Act. Specifically the section adds a new 
purpose to the Act, providing that one purpose of the Act is 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.
Section 4. Definition of person
    This section amends section 4 of the Act, by adding a 
definition of ``person.'' A person means an individual, 
corporation, partnership, trust, association, or other private 
entity; an officer, employee, agent, department, or 
instrumentality of the Federal government, any State, 
municipality, or political subdivision of State, or any foreign 
government; a State, municipality, or political subdivision of 
a State; or any other entity subject to the jurisdiction of the 
United States. This definition is the same as that in the 
Endangered Species Act.
Section 5. Prohibition on sale, importation, or exportation of products 
        labeled as rhinoceros or tiger products
    This section adds a new section 7 to the Act. New section 
7(a) states that 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. 
Products, items, or substances intended for human consumption 
or application are those that can be ingested internally or 
applied externally, including pills, drinks, lotions, and 
ointments.
    The prohibition of products, items or substances labeled or 
advertised as containing rhino or tiger parts was intended to 
avoid prohibiting products that may attempt to associate 
themselves with rhinos or tigers as symbols, without 
representing to actually contain rhino or tiger parts. The 
tiger in particular holds great symbolism in many cultures, 
including here in the United States. For example, two major 
sports teams (the Cincinnati Bengals and the Detroit Tigers), 
four major universities (Princeton, Clemson, Auburn, and 
Louisiana State), and more than 250 companies, including 
Fortune 500 companies such as Exxon and Kellogg, use the tiger 
as a mascot or marketing symbol. At the same time, the 
prohibition is intended to reach products that may not 
necessarily be labeled or marked as containing rhino or tiger 
parts, but that are represented through advertising, orally or 
in writing, to an individual or larger group, as containing 
rhino or tiger parts. This includes includes acts of informing, 
announcing, apprising or otherwise communicating, by any means 
whatsoever, including any oral, written, or graphic statement, 
to an individual or to the general public, that a product, item 
or substance contains rhino or tiger parts.
    New section 7(b) provides both criminal and civil penalties 
for a violation of the Act. A person engaged in business as an 
importer, exporter, or distributor that knowingly violates 
subsection (a) shall be fined under the Title 18 of the U.S. 
Code, imprisoned not more than six months, or both. 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 of not more 
than $12,000 for each violation. Civil penalties shall be 
assessed, and may be collected, in the same manner as under the 
ESA. ``Importers'' and ``exporters'' are terms used in the ESA 
and are intended to have the same meaning in this Act. The 
class of persons included in the term ``distributor'' includes 
any individual, partnership, association, or other legal 
relationship that stands between the manufacturer and the 
retail seller in purchases, or contracts for sale of products, 
items or substances. This includes wholesalers or other middle-
men serving between the suppliers or manufacturers and the 
retailers and commercial users.
    New section 7(c) provides that any product, item, or 
substance sold, imported, or exported, or attempted to be sold, 
imported, or exported, in violation of this section, or any 
regulations issued thereunder, shall be subject to seizure and 
forfeiture to the United States. New section 7(d) provides that 
the Secretary shall issue appropriate regulations, after 
consultation with the Secretary of the Treasury, the Secretary 
of Health and Human Services, and the United States Trade 
Representative. New section 7(e) provides that the Secretary, 
the Secretary of the Treasury, and the Coast Guard shall 
enforce this section in the manner in which the Secretaries 
enforce section 11(e) of the ESA. This provision is intended to 
apply to administrative and judicial procedures under this 
section, including procedures for forfeiture and seizure of 
products, items and substances pursuant to new section 7(c) of 
the Act. Under new section 7(f), 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. This is intended to allow moneys received 
to go to the payment of rewards and other authorized uses by 
the Service.
Section 6. Educational outreach program
    This section establishes a new section 8 in the Act, 
providing that, not later than 180 days after the date of 
enactment of this bill, the Secretary shall develop and 
implement an educational outreach program in the United States 
for the conservation of rhinoceros and tiger species. Guidance 
must be published in the Federal Register. The program shall 
provide for the publication and dissemination of information 
regarding: laws protecting rhinos and tigers, in particular 
laws prohibiting trade in products containing, or labeled as 
containing, rhino or tiger parts; the use of traditional 
medicines that contain rhino and tiger parts, health risks 
associated with their use, and available alternatives; and the 
status of rhinos and tigers and the reasons for protecting 
them. The Secretary is encouraged to use existing 
administrative initiatives in developing and implementing this 
program.
Section 7. Authorization of appropriations.
    This section reauthorizes the Act through fiscal year 2002, 
at the current level of $10 million annually.

                                Hearings

    The Committee on the Environment and Public Works held a 
hearing on S. 361 on July 7, 1998. Testimony was received from 
Mr. John Rogers, Deputy Director of the U.S. Fish and Wildlife 
Service; Ms. Ginette Hemley, Vice President for Species 
Conservation, World Wildlife Fund; Mr. Wayne Pacelle, Senior 
Vice President, The Humane Society of the United States, and 
Ms. Kristin Vehrs, Deputy Director, American Zoo and Aquarium 
Association. Written testimony was submitted by Senator 
Jeffords.

                          Legislative History

    On February 26, 1997, Senator Jeffords introduced S. 361, 
which was referred to the Committee on Environment and Public 
Works. On Wednesday, July 22, 1998, the committee held a 
business meeting to consider the bill. Senator Chafee offered 
an amendment in the form of a substitute, and Senator Baucus 
offered a second degree amendment, both of which were adopted 
by voice vote. S. 361, as amended, was favorably reported by 
the committee by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes this 
evaluation of the regulatory impact of the reported bill. The 
reported bill will have no regulatory impact. This bill will 
not have any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that this bill would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments. The bill prohibits the sale, 
import and export of products, items, or substances containing, 
or labeled or advertised as containing, rhino or tiger parts. 
These prohibitions would facilitate enforcement of prohibitions 
that already exist under other laws. The bill does not directly 
impose any private sector mandates for the same reason.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 23, 1998.

Hon. John H. Chafee, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 361, the Rhinoceros 
and Tiger Conservation Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis (for Federal costs), who can be reached at 226-2860, and 
Marjorie Miller (for the State and local impact), who can be 
reached at 225-3220, and Leslie Frymier (for private-sector 
impact), who can be reached at 226-2940.

            Sincerely,
                                           June E. O'Neill,
                                                          Director.
                                ------                                


               Congressional Budget Office Cost Estimate

S. 361, Rhinoceros and Tiger Conservation Act of 1998, as 
ordered reported by the Senate Committee on Environmental and 
Public Works on July 22, 1998

Summary
    Assuming appropriation of the authorized amounts, CBO 
estimates that enacting S. 361 would result in additional 
discretionary spending of $12 million over the 2001-2003 
period. The legislation could affect direct spending and 
governmental revenues by imposing new civil and criminal 
penalties; therefore, pay-as-you-go procedures would apply. CBO 
estimates, however, that any such effects would be minimal. S. 
361 does not contain any intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would have no impact on the budgets of State, local, or 
tribal governments.
    S. 361 would prohibit any person from selling, importing, 
or exporting products containing (or labeled as containing) any 
substance derived from rhinoceroses or tigers. S. 361 would 
establish both criminal and civil penalties to be imposed on 
anyone who violates the prohibition. The bill's provisions 
relating to the use of proceeds from fines and penalties would 
be similar to those of the Lacey Act, which currently prohibits 
sales, imports, and other transactions involving endangered 
species. The bill would direct the Secretaries of the Interior, 
the Treasury, and Transportation to enforce the legislation in 
the same manner as they enforce the Endangered Species Act of 
1973. Section 6 would direct the United States Fish and 
Wildlife Service (USFWS) to develop and implement an 
educational outreach program in the United States for the 
conservation of rhinoceros and tiger species.
    Finally, S. 361 would reauthorize, through fiscal year 
2002, annual appropriations to the Rhinoceros and Tiger 
Conservation Fund at the existing authorization level of up to 
$10 million. The current authorizations expire after fiscal 
year 2000. The Secretary of the Interior uses this fund 
primarily to help finance research and conservation programs 
overseas. From its inception in 1994, the fund has received 
appropriations totaling $1 million.
Estimated cost to the Federal Government
    The authorizations specified by section 6 are the same as 
the current authorization level but are significantly higher 
than the $200,000 to $400,000 that has been appropriated in 
each of the last few years. For purposes of this estimate, CBO 
assumes that the entire amounts authorized by the bill will be 
appropriated for each fiscal year through 2002. Outlay 
estimates are based on historical spending patterns for this 
program. The estimated impact on discretionary spending is 
shown in the following table. The costs of this legislation 
fall within budget function 300 (natural resources and 
environment).

                                                                                                                
                                     By Fiscal Year, in Millions of Dollars                                     
----------------------------------------------------------------------------------------------------------------
                                                                   1998    1999    2000    2001    2002    2003 
----------------------------------------------------------------------------------------------------------------
                Spending Subject to Appropriation                                                               
Spending Under Current Law:                                                                                     
    Authorization Level\1\......................................    *\2\      10      10       0       0       0
    Estimated Outlays...........................................    *\2\       1       4       6       6       3
Proposed Changes:                                                                                               
    Authorization Level.........................................       0       0       0      10      10      10
    Estimated Outlays...........................................       0       0       0       1       4       7
Spending Under S. 361:                                                                                          
    Authorization Level\1\......................................    *\2\      10      10      10      10      10
    Estimated Outlays...........................................    *\2\       1       4       7      10      10
----------------------------------------------------------------------------------------------------------------
\1\ The 1998 level is the amount appropriated for that year. The 1999 and 2000 levels are the amounts authorized
  under current law.                                                                                            
\2\. Less than $500,000.                                                                                        

    In addition to the discretionary costs shown in the above 
table, the bill also could affect governmental receipts 
(revenues) from civil and criminal fines. The direction of any 
change, however, is uncertain. On the one hand, revenues could 
increase if the sale and export of prohibited (or falsely 
labeled) items does not change and Federal enforcement agencies 
are able to collect more fines under the broader language of 
the bill. On the other hand, revenues could fall if the bill 
induces some sellers and importers to curtail their activities. 
In either event, CBO estimates that any increases or decreases 
in revenues would be less than $500,000 annually. Moreover, 
such changes would be offset by decreases or increases in 
direct spending from the crime victims fund (where criminal 
fines are deposited) or the resource management account of the 
USFWS (where civil fines and are deposited and spent).
Pay-as-you-go considerations
    The Balanced Budget and Emergency Deficit Control Act 
specifies pay-as-you-go procedures for legislation affecting 
direct spending or receipts. Although enacting S. 361 would 
affect both direct spending and receipts, CBO estimates that 
the amounts involved would be less than $500,000 annually.
Intergovernmental and private-sector impact
    S. 361 contains no intergovernmental or private-sector 
mandates as defined in UMRA because the bill would impose no 
new enforceable duties. The bill's prohibition on the sale, 
import, or export of certain products containing or claiming to 
contain any substance derived from rhinoceroses or tigers would 
facilitate the enforcement of existing prohibitions on such 
activities. The bill also would have no impact on the budgets 
of State, local, or tribal governments.

Estimate prepared by: Federal Costs: Deborah Reis (226-2860); 
Impact on State, Local, and Tribal Governments: Marjorie Miller 
(225-3220); Impact on the Private Sector: Lesley Frymier (226-
2940).

Estimate approved by: Paul N. Van de Water, Assistant Director 
for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:
                                ------                                


                           United States Code

                         Title 16--Conservation

Chapter 73--Rhinoceros and Tiger Conservation

           *       *       *       *       *       *       *


    Sec. 5301. Findings.--The Congress finds the following:
            (1) The world's rhinoceros population is declining 
        at an alarming rate, a 90 percent decline since 1970.
            (2) All 5 subspecies of tiger are currently 
        threatened with extinction in the wild, with 
        approximately 5,000 to 6,000 tigers remaining 
        worldwide.
            (3) All rhinoceros species have been listed on 
        Appendix I of CITES since 1977.
            (4) All tiger subspecies have been listed on 
        Appendix I of CITES since 1987.
            (5) The tiger and all rhinoceros species, except 
        the southern subspecies of white rhinoceros, are listed 
        as endangered species under the Endangered Species Act 
        of 1973 (16 U.S.C. 1531 et seq.).
            (6) In 1987, the parties to CITES adopted a 
        resolution that urged all parties to establish a 
        moratorium on the sale and trade in rhinoceros products 
        (other than legally taken trophies), to destroy 
        government stockpiles of rhinoceros horn, and to exert 
        pressure on countries continuing to allow trade in 
        rhinoceros products.
            (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)).
        (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.
            [(7)] (9) On September 7, 1993, under section 1978 
        of title 22 the Secretary certified that the People's 
        Republic of China and Taiwan were engaged in trade of 
        rhinoceros parts and tiger parts that diminished the 
        effectiveness of an international conservation program 
        for that endangered species.

           *       *       *       *       *       *       *

    Sec. 5306. Authorization of appropriations.
    There are authorized to be appropriated to the Fund 
$10,000,000 for each of fiscal years [1996, 1997, 1998, 1999, 
and 2000] 1996 through 2002 to carry out this chapter, to 
remain available until expended.

           *       *       *       *       *       *       *


                               
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