article: 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 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''. Passed the Senate October 8 (legislative day, October 2), 1998. Attest: Secretary. 105th CONGRESS 2d Session S. 361 _______________________________________________________________________ AN ACT 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.
summary: Rhinoceros and Tiger Conservation Act of 1998 - 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. Sets forth both criminal and civil penalties. Directs the Secretary of the Interior to develop and implement an educational outreach program in the United States for the conservation of rhinoceros and tiger species. Authorizes appropriations through FY 2002.