text: 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.
target: 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.
feat_title: Rhinoceros and Tiger Conservation Act of 1998