I 

116TH CONGRESS 

1ST SESSION H. R. 2264 

To conserve global bear populations by prohibiting the importation, exportation, and interstate trade of bear viscera and items, products, or 

substances containing, or labeled or advertised as containing, bear 

viscera, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2019 

Mr. TED LIEU of California (for himself, Mr. RODNEY DAVIS of Illinois, Ms. 

KUSTER of New Hampshire, and Mr. THOMPSON of Pennsylvania) introduced the following bill; which was referred to the Committee on Natural 

Resources, and in addition to the Committees on Foreign Affairs, and 

Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To conserve global bear populations by prohibiting the importation, exportation, and interstate trade of bear viscera 

and items, products, or substances containing, or labeled 

or advertised as containing, bear viscera, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bear Protection Act 

5 of 2019’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) all 8 extant species of bear—Asian black 

4 bear, brown bear, polar bear, American black bear, 

5 spectacled bear, giant panda, sun bear, and sloth 

6 bear—are listed on appendix I or II of the Conven7 tion on International Trade in Endangered Species 

8 of Wild Fauna and Flora (27 UST 1087; TIAS 

9 8249) (referred to in this section as ‘‘CITES’’); 

10 (2) Article XIV of CITES provides that Parties 

11 to CITES may adopt stricter domestic measures re12 garding the conditions for trade, taking, possession, 

13 or transport of species listed on appendix I or II, 

14 and the Parties to CITES adopted a resolution in 

15 1997 (Conf. 10.8) urging the Parties to take imme16 diate action to demonstrably reduce the illegal trade 

17 in bear parts; 

18 (3) thousands of bears in Asia are cruelly con19 fined in small cages to be milked for their bile, and 

20 the wild Asian bear population has declined signifi21 cantly in recent years, as a result of habitat loss and 

22 poaching due to a strong demand for bear viscera 

23 used in traditional medicines and cosmetics; 

24 (4) Federal and State undercover operations 

25 have revealed that American bears have been 

26 poached for their viscera; 


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1 (5) while most American black bear populations 

2 are generally stable or increasing, commercial trade 

3 could stimulate poaching and threaten certain popu4 lations if the demand for bear viscera increases; and 

5 (6) prohibitions against the importation into 

6 the United States and exportation from the United 

7 States, as well as prohibitions against the interstate 

8 trade, of bear viscera and products containing, or la9 beled or advertised as containing, bear viscera will 

10 assist in ensuring that the United States does not 

11 contribute to the decline of any bear population as 

12 a result of the commercial trade in bear viscera. 

13 SEC. 3. PURPOSES. 

14 The purpose of this Act is to ensure the long-term 

15 viability of the world’s 8 bear species by— 

16 (1) prohibiting interstate and international 

17 trade in bear viscera and products containing, or la18 beled or advertised as containing, bear viscera; 

19 (2) encouraging bilateral and multilateral ef20 forts to eliminate such trade; and 

21 (3) ensuring that adequate Federal legislation 

22 exists with respect to domestic trade in bear viscera 

23 and products containing, or labeled or advertised as 

24 containing, bear viscera. 


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1 SEC. 4. DEFINITIONS. 

2 In this Act: 

3 (1) BEAR VISCERA.—The term ‘‘bear viscera’’ 

4 means the body fluids or internal organs, including 

5 the gallbladder and its contents but not including 

6 blood or brains, of a species of bear. 

7 (2) IMPORT.—The term ‘‘import’’ means to 

8 land on, bring into, or introduce into any place sub9 ject to the jurisdiction of the United States, whether 

10 or not the landing, bringing, or introduction con11 stitutes an importation within the meaning of the 

12 customs laws of the United States. 

13 (3) PERSON.—The term ‘‘person’’ means— 

14 (A) an individual, corporation, partnership, 

15 trust, association, or other private entity; 

16 (B) an officer, employee, agent, depart17 ment, or instrumentality of— 

18 (i) the Federal Government; 

19 (ii) any State, municipality, or polit20 ical subdivision of a State; or 

21 (iii) any foreign government; and 

22 (C) any other entity subject to the jurisdic23 tion of the United States. 

24 (4) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of the Interior. 


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1 (5) STATE.—The term ‘‘State’’ means a State, 

2 the District of Columbia, the Commonwealth of 

3 Puerto Rico, the Virgin Islands, Guam, the Com4 monwealth of the Northern Mariana Islands, Amer5 ican Samoa, and any other territory, commonwealth, 

6 or possession of the United States. 

7 (6) TRANSPORT.—The term ‘‘transport’’ means 

8 to move, convey, carry, or ship by any means, or to 

9 deliver or receive for the purpose of movement, con10 veyance, carriage, or shipment. 

11 SEC. 5. PROHIBITED ACTS. 

12 (a) IN GENERAL.—Except as provided in subsection 

13 (b), a person shall not— 

14 (1) import into, or export from, the United 

15 States bear viscera or any product, item, or sub16 stance containing, or labeled or advertised as con17 taining, bear viscera; or 

18 (2) sell or barter, offer to sell or barter, pur19 chase, possess, transport, deliver, or receive, in inter20 state or foreign commerce, bear viscera or any prod21 uct, item, or substance containing, or labeled or ad22 vertised as containing, bear viscera. 

23 (b) EXCEPTION FOR WILDLIFE LAW ENFORCEMENT

24 PURPOSES.—A person described in subparagraph (B) of 

25 section 4(3) may import into, or export from, the United 


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1 States, or transport between States, bear viscera or any 

2 product, item, or substance containing, or labeled or ad3 vertised as containing, bear viscera if the importation, ex4 portation, or transportation— 

5 (1) is solely for purposes of enforcing laws re6 lating to the protection of wildlife; and 

7 (2) is authorized by a valid permit issued under 

8 appendix I or II of the Convention on International 

9 Trade in Endangered Species of Wild Fauna and 

10 Flora (27 UST 1087; TIAS 8249), in any case in 

11 which such a permit is required under the Conven12 tion. 

13 SEC. 6. PENALTIES AND ENFORCEMENT. 

14 (a) CRIMINAL PENALTIES.—A person that knowingly 

15 violates section 5 shall be fined under title 18, United 

16 States Code, imprisoned not more than 1 year, or both. 

17 (b) CIVIL PENALTIES.— 

18 (1) AMOUNT.—A person that knowingly violates 

19 section 5 may be assessed a civil penalty by the Sec20 retary of not more than $25,000 for each violation. 

21 (2) MANNER OF ASSESSMENT AND COLLEC22 TION.—A civil penalty under this subsection shall be 

23 assessed, and may be collected, in the manner in 

24 which a civil penalty under the Endangered Species 


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1 Act of 1973 may be assessed and collected under 

2 section 11(a) of that Act (16 U.S.C. 1540(a)). 

3 (c) SEIZURE AND FORFEITURE.—Any bear viscera or 

4 any product, item, or substance exported, imported, sold, 

5 bartered, attempted to be exported, imported, sold, 

6 bartered, offered for sale or barter, purchased, possessed, 

7 transported, delivered, or received in violation of this sec8 tion (including any regulation issued under this section) 

9 shall be seized and forfeited to the United States. 

10 (d) REGULATIONS.—After consultation with the Sec11 retary of the Treasury and the United States Trade Rep12 resentative, the Secretary shall issue such regulations as 

13 are necessary to carry out this section. 

14 (e) ENFORCEMENT.—The Secretary, the Secretary of 

15 the Treasury, and the Secretary of the department in 

16 which the Coast Guard is operating shall enforce this sec17 tion in the manner in which the Secretaries carry out en18 forcement activities under section 11(e) of the Endangered 

19 Species Act of 1973 (16 U.S.C. 1540(e)). 

20 (f) USE OF PENALTY AMOUNTS.—Amounts received 

21 as penalties, fines, or forfeiture of property under this sec22 tion shall be used in accordance with section 6(d) of the 

23 Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)). 


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1 SEC. 7. DISCUSSIONS CONCERNING BEAR CONSERVATION 

2 AND THE BEAR PARTS TRADE. 

3 The Secretary shall continue discussions concerning 

4 trade in bear viscera with the appropriate representatives 

5 of Parties to the Convention on International Trade in 

6 Endangered Species of Wild Fauna and Flora and with 

7 other representatives of countries that are not party to 

8 the Convention which are determined by the Secretary and 

9 the United States Trade Representative to be the leading 

10 importers, exporters, or consumers of bear viscera, in 

11 order to seek to establish coordinated efforts with these 

12 countries to protect bears. 

13 SEC. 8. CERTAIN RIGHTS NOT AFFECTED. 

14 Except as provided in section 5, nothing in this Act 

15 shall be construed to affect the regulation by any State 

16 of its bear population or to affect the hunting of bears 

17 that is lawful under applicable State laws and regulations. 

Æ 


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