```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3987 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3987

         To provide for conservation of rhinoceros and tigers.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 1994

   Mr. Fields of Texas (for himself, Mr. Studds, and Mr. Beilenson) 
   introduced the following bill; which was referred jointly to the 
     Committees on Merchant Marine and Fisheries and Ways and Means

_______________________________________________________________________

                                 A BILL

 
         To provide for conservation of rhinoceros and tigers.

    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 ``Rhinoceros and Tiger Conservation 
Act of 1994''.

SEC. 2. 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 rhinoceros species have been listed on Appendix I 
        of CITES since 1977.
            (3) 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.).
            (4) 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.
            (5) On September 7, 1993, under section 8 of the 
        Fishermen's Protective Act of 1967 (22 U.S.C. 1978) 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.
            (6) On September 9, 1993, the Standing Committee of CITES, 
        in debating the continuing problem of trade in rhinoceros horn, 
        adopted a resolution urging parties to CITES to implement 
        stricter domestic measures, up to and including an immediate 
        prohibition in trade in wildlife species.

SEC. 3. PURPOSES.

    The purposes of this Act are the following:
            (1) To assist in the conservation of rhinoceros and tigers 
        by supporting the conservation programs of nations whose 
        activities affect rhinoceros and tiger populations, and the 
        CITES Secretariat.
            (2) To provide financial resources for those programs.

SEC. 4. DEFINITIONS.

    In this Act--
            (1) ``CITES'' means the Convention on International Trade 
        in Endangered Species of Wild Fauna and Flora, signed on March 
        3, 1973, and its appendices;
            (2) ``conservation'' means the use of all methods and 
        procedures necessary to bring rhinoceros and tigers to the 
        point at which there are sufficient populations to ensure that 
        those species do not become extinct, including all activities 
        associated with scientific resource management, such as 
        research, census, law enforcement, habitat acquisition and 
        maintenance, propagation, live trapping, and transportation;
            (3) ``fish products'' means any aquatic species (including 
        marine mammals and plants) exported from a country and all 
        products and parts thereof, whether taken by fishing vessels of 
        that country, or packed, processed, or otherwise prepared for 
        export in that country or within its jurisdiction;
            (4) ``Fund'' means the Rhinoceros and Tiger Conservation 
        Fund established under section 6(a);
            (5) ``Secretary'' means the Secretary of the Interior; and
            (6) ``wildlife products'' means any wild animal (other than 
        an aquatic species which is a fish product) taken within a 
        country and all products and parts thereof (including eggs), 
        whether packed, processed, or otherwise prepared for export in 
        that country or within its jurisdiction. This term does not 
        include any wild animal or fish if brought or imported into the 
        United States for scientific research or any legally taken 
        sport-hunted trophies.

SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSISTANCE.

    (a) In General.--The Secretary, subject to the availability of 
appropriations, shall use amounts in the Fund to provide financial 
assistance for projects for the conservation of rhinoceros and tigers.
    (b) Project Proposal.--A country whose activities affect rhinoceros 
or tiger populations, the CITES Secretariat, or any other person may 
submit to the Secretary a project proposal under this section. Each 
proposal shall--
            (1) name the individual responsible for conducting the 
        project;
            (2) state the purposes of the project succinctly;
            (3) describe the qualifications of the individuals who will 
        conduct the project;
            (4) estimate the funds and time required to complete the 
        project;
            (5) provide evidence of support of the project by 
        appropriate governmental entities of countries in which the 
        project will be conducted, if the Secretary determines that the 
        support is required for the success of the project; and
            (6) provide any other information the Secretary considers 
        to be necessary for evaluating the eligibility of the project 
        for funding under this Act.
    (c) Project Review and Approval.--The Secretary shall review each 
project proposal to determine if it meets the criterion set forth in 
subsection (d). Not later than 6 months after receiving a project 
proposal, and subject to the availability of funds, the Secretary shall 
approve or disapprove the proposal and provide written notification to 
the person who submitted the proposal and to each country within which 
the project is to be conducted.
    (d) Criterion for Approval.--The Secretary may approve a project 
under this section if the project will enhance programs or activities 
for the conservation of rhinoceros or tigers.
    (e) Project Reporting.--Each person that receives assistance under 
this section for a project shall provide periodic reports to the 
Secretary as the Secretary considers necessary. Each report shall 
include all information requested by the Secretary for evaluating the 
progress and success of the project.

SEC. 6. RHINOCEROS AND TIGER CONSERVATION FUND.

    (a) Establishment.--There is established in the general fund of the 
Treasury a separate account to be known as the ``Rhinoceros and Tiger 
Conservation Fund'', which shall consist of amounts deposited into the 
Fund by the Secretary of the Treasury under subsection (b).
    (b) Deposits Into the Fund.--The Secretary of the Treasury shall 
deposit into the Fund--
            (1) all amounts received by the Secretary in the form of 
        donations under subsection (d); and
            (2) other amounts appropriated to the Fund.
    (c) Use.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may use amounts in the Fund without further appropriation to 
        provide assistance under section 5.
            (2) Administration.--Of amounts in the Fund available for 
        each fiscal year, the Secretary may use not more than 6 percent 
        to administer the Fund.
    (d) Acceptance and Use of Donations.--The Secretary may accept and 
use donations to provide assistance under section 5. Amounts received 
by the Secretary in the form of donations shall be transferred to the 
Secretary of the Treasury for deposit into the Fund.

SEC. 7. SANCTIONS AGAINST FOREIGN COUNTRIES.

    (a) Initial Review and Certification.--Not later than 30 days after 
the date of the enactment of this Act, the Secretary shall--
            (1) review all foreign countries whose activities affect 
        rhinoceros or tiger populations; and
            (2) if the Secretary finds that any citizen of a foreign 
        country, directly or indirectly, is engaging in trade in 
        products made from rhinoceros or tigers, or in another activity 
        that adversely affects rhinoceros or tiger conservation, 
        certify that fact to the President.
    (b) Consultation.--Not later than 30 days after the date of a 
certification under subsection (a)(2) with respect to a foreign 
country, the President shall enter into consultations with the 
government of the country that the certification has been made.
    (c) Moratorium on Importation.--
            (1) Direction to establish.--Not later than 60 days after 
        the date of a certification under subsection (a)(2) with 
        respect to a foreign country, if consultations under subsection 
        (b) are not satisfactorily concluded with the country the 
        President shall direct the Secretary of the Treasury to 
        establish a moratorium on the importation of all fish products 
        and wildlife products from the country.
            (2) Implementation.--The Secretary of the Treasury shall 
        establish and implement a moratorium pursuant to the direction 
        of the President under paragraph (1), by not later than 45 days 
        after the date the President directs the Secretary of the 
        Treasury to establish the moratorium.
            (3) Public notice.--The Secretary of the Treasury shall 
        provide public notice of a moratorium under this subsection 
        before implementing the moratorium.
            (4) Subsequent review.--The Secretary shall periodically 
        review the activities of citizens of a foreign country with 
        respect to which a certification is made under subsection 
        (a)(2) to determine if the reasons for making the certification 
        no longer exist.
            (5) Termination of moratorium.--If, after notice and public 
        comment, the Secretary determines that the reasons for making a 
        certification under subsection (a)(2) with respect to a foreign 
        country no longer exist the Secretary of the Treasury shall 
        terminate a moratorium established for the country under this 
        subsection.
    (d) Additional Economic Sanctions.--
            (1) Determination of effectiveness of moratorium.--Not 
        later than 6 months after the date of a certification under 
        subsection (a)(2) with respect to a foreign country, the 
        Secretary shall determine whether a moratorium under subsection 
        (c) is insufficient to cause the foreign country to improve its 
        efforts for the conservation of rhinoceros or tigers, as 
        appropriate.
            (2) Certification.--The Secretary shall certify to the 
        President each affirmative determination under paragraph (1) 
        with respect to a foreign country.
            (3) Effect of certification.--Certification by the 
        Secretary under paragraph (2) is deemed to be a certification 
        under section 8(a) of the Fishermen's Protective Act of 1967 
        (22 U.S.C. 1978(a)).

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Fund $10,000,000 for 
each of fiscal years 1995, 1996, 1997, 1998, and 1999 to carry out this 
Act, to remain available until expended.

                                 <all>
```