[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1955 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1955

To require the President to impose economic sanctions against countries 
that engage in whaling not authorized and approved by the International 
                          Whaling Commission.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 1993

 Mr. DeFazio (for himself, Mr. Wilson, Mr. Ravenel, Mr. Lipinski, and 
 Mr. Jacobs) introduced the following bill; which was referred jointly 
to the Committees on Merchant Marine and Fisheries, Ways and Means, and 
                            Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
To require the President to impose economic sanctions against countries 
that engage in whaling not authorized and approved by the International 
                          Whaling Commission.

    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 International Whaling Moratorium 
Enforcement Act of 1993''.

SEC. 2. POLICY AND FINDINGS.

    (a) Policy.--It is the policy of the United States to continue to 
enforce, through the International Whaling Commission, the indefinite 
cessation of the commercial killing of whales.
    (b) Findings.--
            (1) In 1982, the International Convention for the 
        Regulation of Whaling was amended to put into force an 
        indefinite cessation of commercial whaling beginning in the 
        1985-86 whaling season.
            (2) The indefinite cessation of whaling has never been 
        fully implemented, because Japan and Norway have continued 
        commercial whaling operations under the guise of ``scientific 
        research''.
            (3) The countries of Japan, Iceland and Norway have 
        announced their intention to seek an end to the International 
        Whaling Commission moratorium on commercial whaling.
            (4) In June 1992, Norway announced its intention to resume 
        commercial whaling in the summer of 1993 in defiance of the 
        International Whaling Commission's indefinite cessation of 
        commercial whaling.
            (5) Iceland withdrew its membership in the International 
        Whaling Commission, effective June 30, 1992, and has sought to 
        further erode the authority of the International Whaling 
        Commission by requesting a commercial whaling quota from the 
        North Atlantic Marine Mammal Commission, a regional group that 
        has no authority to set quotas for whaling.
            (6) The United States has, together with sixteen other 
        member nations of the International Whaling Commission, urged 
        Norway to reconsider its announced intention to resume 
        commercial whaling.
            (7) On October 26, 1992, the Secretary of Commerce 
        certified, pursuant to the Pelly Amendment to the Fishermen's 
        Protective Act of 1967 (22 U.S.C. 1978), that Norway's 
        activities under its scientific research whaling program 
        diminished the effectiveness of the International Whaling 
        Commission's conservation program.
            (8) Pursuant to Agenda 21 of the United Nations Conference 
        on Environment and Development, the International Whaling 
        Commission is the international organization responsible for 
        the management and conservation of cetacean species, but to 
        date has no means by which to enforce its authority.

SEC. 3. CERTIFICATIONS.

    (a) Certification of Noncompliance.--Not later than January 1, 
1994, the President shall certify to the Congress each country that has 
not completely ceased forbidden whaling operations.
    (b) Action by the President.--
            (1) Certification under the fishermen's protective act of 
        1967.--If a certification is made under subsection (a) with 
        respect to any country, such certification shall be deemed to 
        be a certification for the purposes of section 8(a) of the 
        Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)). Upon 
        such certification all other applicable provisions of section 8 
        of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978), 
        including subsections (b) through (g), shall apply.
            (2) Prohibition against importing fish and fish products.--
        If a certification is made under subsection (a) with respect to 
        any country, the President shall direct the Secretary of the 
        Treasury to immediately prohibit the bringing or importation 
        into the United States of fish and fish products from such 
        country. Not later than fifteen days after such certification, 
        the President shall notify the Congress of any action taken by 
        him under this subsection. Subsections (c), (e), (f), and (g) 
        of section 8 of the Fishermen's Protective Act of 1967 (22 
        U.S.C. (c), (e), (f), and (g)) shall apply with respect to any 
        prohibition on importation imposed under this subsection.
    (d) Additional Economic Sanctions.--
            (1) In general.--If--
                    (A) a certification is made under subsection (a) 
                and the President determines that the economic 
                sanctions imposed under subsection (b)(2) are 
                insufficient to stop the country from engaging in 
                forbidden whaling operations,
                    (B) a certification is not made under subsection 
                (a) and the President determines at any time after 
                January 1, 1994, that a country is engaging in 
                forbidden whaling operations, or
                    (C) any country against which an action has been 
                taken under subsection (b) retaliates against the 
                United States as a result of such action, the President 
                is authorized to impose additional economic sanctions 
                against such country.
            (2) Scope of additional economic sanctions.--In addition to 
        the prohibition on importation described in subsection (b)(2), 
        the President is authorized to impose additional economic 
        sanctions, including the imposition of duties, import bans or 
        other import restrictions on the goods of, and notwithstanding 
        any other provision of law, fees or restrictions on the 
        services of a country to which this Act applies.
            (3) Action by president.--The President shall notify the 
        Congress within fifteen days, if either--
                    (A) an event described in paragraph (1) occurs, or
                    (B) the President imposes additional economic 
                sanctions under this subsection.
    (e) Duration of Restrictions.--Any sanction imposed against a 
country under subsection (b) or (c) shall remain in effect until such 
time as the President certifies to the Congress that such country has 
completely ceased forbidden whaling operations.
    (f) Definitions.--For purposes of this section--
            (1) Forbidden whaling operations.--The term ``forbidden 
        whaling operations'' means whaling operations which are not 
        authorized and specifically approved by the International 
        Whaling Commission or otherwise diminish the effectiveness of 
        any conservation program under the International Convention for 
        the Regulation of Whaling.
            (2) Fish and fish products.--The term ``fish and fish 
        products'' has the meaning given the term ``fish products'' in 
        section 8(h)(4) of the Fishermen's Protective Act of 1967 (22 
        U.S.C. 1978(h)(4)).

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