I
104TH CONGRESS
1ST SESSION
H. R. 2240
To require the Secretary of the Interior to prohibit the import, export,
sale, purchase, and possession of bear viscera or products that contain
or claim to contain bear viscera, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 4, 1995
Mr. PORTER (for himself, Mr. FALEOMAVAEGA, Mr. RICHARDSON, Mr. BEIL-
ENSON, Mr. EHLERS, Mr. OBERSTAR, Mr. YATES, Mr. KASICH, Mr. TAL-
ENT, Mrs. MALONEY, Mr. FARR, Mr. GEJDENSON, Ms. RIVERS, and Mr.
JACOBS) introduced the following bill; which was referred to the Commit-
tee on Resources, and in addition to the Committees on International Re-
lations, 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 require the Secretary of the Interior to prohibit the
import, export, sale, purchase, and possession of bear
viscera or products that contain or claim to contain
bear viscera, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Bear Protection Act’’.
SEC. 2. DEFINITION OF BEAR VISCERA.
In this Act, the term ‘‘bear viscera’’ means the body
fluids or internal organs (including the gallbladder) of a
species of bear.
SEC. 3. PROHIBITED ACTS.
The Secretary of the Interior shall prohibit—
(1) the import into the United States, or export
from the United States, of bear viscera or products
that contain or claim to contain bear viscera; and
(2) the sale, barter, offer of sale or barter, pur-
chase, or possession with intent to sell or barter, in
interstate or foreign commerce, of bear viscera or
products that contain or claim to contain bear
viscera.
SEC. 4. REPORT BY SECRETARY OF THE INTERIOR.
Not later than 180 days after the date of enactment
of this Act, the Secretary of the Interior, in consultation
with the Secretary of the Treasury, shall prepare and sub-
mit to the Congress a report that describes—
(1) how to improve the effectiveness of the wild-
life monitoring and inspection program of the De-
partment of the Interior (including the computerized
information system or any other system of the
United States Fish and Wildlife Service or the Unit-
ed States Customs Service that records data) with
respect to the importation or exportation of bear
viscera and other bear and other wildlife body parts
to and from the United States; and
(2) any plans of the United States Fish and
Wildlife Service to monitor the illegal movement of,
or commercial activity in, bear viscera or other bear
body parts.
SEC. 5. DISCUSSIONS CONCERNING TRADE PRACTICES.
The United States Trade Representative and the Sec-
retary of the Interior shall—
(1) discuss issues involving trade in bear viscera
with the appropriate representatives of such coun-
tries trading with the United States as are deter-
mined jointly by the Secretary of Commerce and the
Secretary of the Interior to be the leading importers,
exporters, or consumers of bear viscera; and
(2) attempt to establish coordinated efforts with
the countries to protect bears.
SEC. 6. RELATIONSHIP TO STATE LAW.
Nothing in this Act precludes the regulation under
State law of the sale, barter, offer of sale or barter, pur-
chase, or possession with intent to sell or barter, of bear
viscera or products that contain or claim to contain bear
viscera, if the regulation—
(1) does not authorize any sale, barter, offer of
sale or barter, purchase, or possession with intent to
sell or barter, of bear viscera or products that con-
tain or claim to contain bear viscera, that is prohib-
ited under this Act; and
(2) is consistent with the international obliga-
tions of the United States.
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