[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 817 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 817
To promote trade in United States agricultural commodities, livestock,
and value-added products, and to prepare for future bilateral and
multilateral trade negotiations.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 24, 1999
Mr. Ewing (for himself, Mr. Moran of Kansas, Mr. Boehner, Mr. Barrett
of Nebraska, Mr. Smith of Michigan, Mr. Minge, Mr. LaHood, Mr. Weller,
and Mr. Bereuter) introduced the following bill; which was referred to
the Committee on Ways and Means, and in addition to the Committees on
International Relations, and Agriculture, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To promote trade in United States agricultural commodities, livestock,
and value-added products, and to prepare for future bilateral and
multilateral trade negotiations.
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 ``United States Agricultural Trade Act
of 1999''.
SEC. 2. OBJECTIVES FOR AGRICULTURAL NEGOTIATIONS.
It is the sense of the Congress that--
The principal agricultural trade negotiating objectives of the
United States for future multilateral and bilateral trade negotiations,
including the World Trade Organization, shall be to achieve, on an
expedited basis, and to the maximum extent feasible, more open and fair
conditions for trade in agricultural commodities by--
(1) developing, strengthening, and clarifying rules for
agricultural trade, including disciplines on restrictive or
trade-distorting import and export practices, including--
(A) enhancing the operation and effectiveness of
the relevant Uruguay Round Agreements designed to
define, deter, and discourage the persistent use of
unfair trade practices; and
(B) enforcing and strengthening rules of the World
Trade Organization regarding--
(i) trade-distorting practices of state
trading enterprises; and
(ii) the acts, practices, or policies of a
foreign government which unreasonably--
(I) require that substantial direct
investment in the foreign country be
made as a condition for carrying on
business in the foreign country;
(II) require that intellectual
property be licensed to the foreign
country or to any firm of the foreign
country; or
(III) delay or preclude
implementation of a report of a dispute
panel of the World Trade Organization;
(2) increasing United States agricultural exports by
eliminating barriers to trade (including transparent and
nontransparent barriers);
(3) eliminating other specific constraints to fair trade
and more open markets access in foreign markets, such as export
subsidies, quotas, and other nontariff import barriers;
(4) developing, strengthening, and clarifying rules that
address practices that unfairly limit United States market
access opportunities or distort agricultural markets to the
detriment of the United States, including--
(A) unfair or trade-distorted activities of state
trading enterprises and other administrative mechanisms
that result in inadequate price transparency;
(B) unjustified restrictions or commercial
requirements affecting new technologies, including
biotechnology;
(C) unjustified sanitary or phytosanitary
restrictions; and
(D) restrictive rules in the establishment and
administration of tariff-rate quotas;
(5) ensuring that there are reliable suppliers of
agricultural commodities in international commerce by
encouraging countries to treat foreign buyers no less favorably
than domestic buyers of the commodity or product involved; and
(6) eliminating barriers for meeting the food needs of an
increasing world population through the use of biotechnology by
ensuring access to United States commodities derived from
biotechnology that is scientifically defensible, opposing the
establishment of projectionist trade measures disguised as
health standards, and protecting continual delays by other
countries in their approval processes--which constitute non-
tariff trade barriers.
SEC. 3. DEFINITIONS.
As used in this Act, the terms ``agricultural commodity'' and
``United States agricultural commodity'' have the meanings provided in
section 102 (1) and (7) of the Agricultural Trade Act of 1978,
respectively.
SEC. 4. AGRICULTURAL COMMODITIES, LIVESTOCK, AND PRODUCTS EXEMPT FROM
SANCTIONS.
(a) Definition.--Unilateral Economic Sanction. The term
``unilateral economic sanction'' means any prohibition, restriction, or
condition on economic activity, including economic assistance, with
respect to a foreign country or foreign entity that is imposed after
the date of the enactment of this Act by the United States for reasons
of foreign policy or national security, except in a case in which the
United States imposes the measure pursuant to a multilateral regime and
the other members of that regime have agreed to impose substantially
equivalent measures.
(b) Exemption.--
(1) In general.--Subject to paragraph (2), and
notwithstanding any other provision of law, in the case of a
unilateral economic sanction imposed by the United States on
another country, the following shall be exempt from the
unilateral economic sanction--
(A) programs administered through Public Law 480 (7
U.S.C. 1701 et seq.);
(B) programs administered through section 416 of
the Agricultural Act of 1949 (7 U.S.C. 1431);
(C) the program administered through section 1113
of the Food Security Act of 1985 (7 U.S.C. 1736-1); and
(D) commercial sales and humanitarian assistance
involving agricultural commodities, which includes
fertilizer.
(2) Determination by president.--If the President
determines that the exemption under paragraph (1) should not
apply to the unilateral economic sanction for reasons of
foreign policy or national security, the President may include
the activities described in paragraph (1) in the unilateral
economic sanction.
(d) Report.--
(1) In general.--If the President determines that the
exemption under subsection (b) should not apply to a unilateral
economic sanction, the President shall provide a report to the
Committee on Agriculture in the House of Representatives, and
the Committee on Agriculture, Nutrition, and Forestry in the
Senate at the time of the imposition of the sanction.
(2) Contents of report.--The report shall contain--
(A) an explanation why, because of reasons of
foreign policy or national security, the exemption
should not apply to the unilateral economic sanction;
and
(B) an assessment by the Secretary of Agriculture--
(i) of the extent to which any country or
countries to be sanctioned or likely to be
sanctioned are markets that accounted for, in
the preceding calendar year, more than 3
percent of all export sales from the United
States of an agricultural commodity;
(ii) of the likelihood that exports of
agricultural commodities from the United States
will be affected by the unilateral economic
sanction or by retaliation by any country to be
sanctioned or likely to be sanctioned, and
specific commodities which are most likely to
be affected;
(iii) of the likely effect on incomes of
producers of the commodities involved;
(iv) of the extent to which the unilateral
economic sanction would permit foreign
suppliers to replace United States suppliers;
and
(v) of the likely effect of the proposed
sanction on the reputation of United States
farmers as reliable suppliers of agricultural
commodities in general, and of specific
commodities identified by the Secretary.
SEC. 5. CONGRESSIONAL OVERSIGHT AND CONSULTATION FOR AGRICULTURAL
NEGOTIATIONS.
Section 161 of the Trade Act of 1974 (19 U.S.C. 2211) is amended by
adding at the end a new subsection (d) that reads as follows:
``(d) Congressional Oversight Group for Agricultural
Negotiations.--
``(1) There is established a Congressional Oversight Group
for Agricultural Negotiations (Oversight Group) that shall
provide oversight and guidance with respect to agricultural
trade policy and negotiation of agricultural trade issues.
``(A) Subject to clauses (i) and (ii), the
Oversight Group shall consist of 3 members of the
Committee on Agriculture, Nutrition, and Forestry of
the Senate and 3 members of the Committee on Agriculture of the House
of Representatives.
``(i) The President pro tempore of the
Senate, upon the recommendation of the Chairman
of the Committee on Agriculture, Nutrition, and
Forestry, shall select two members from the
majority party, and one member from the
minority party, of the Senate.
``(ii) The Speaker of the House of
Representatives, upon the recommendation of the
Chairman of the Committee on Agriculture, shall
select 2 members from the majority party, and
one member from the minority party, of the
House of Representatives.
``(B) Members of the House and Senate who are
selected as members of the Oversight Group shall be
accredited by the United States Trade Representative as
official advisers to the United States delegations to
international conferences, meetings, and negotiating
sessions relating to agricultural trade policy and
negotiation of agricultural trade issues.
``(2) All negotiating proposals by the United States and
negotiations that affect agricultural trade shall be reviewed
by the Oversight Group prior to an agreement being initiated by
the President.
``(3) All information about negotiating proposals by the
United States and foreign countries affecting agricultural
trade negotiations shall be made available to the Oversight
Group by the United States Trade Representative.
``(4) Within 60 days of enactment of this Act, the United
States Trade Representative shall establish guidelines for
ensuring the useful and timely supply of information to the
Oversight Group and the communication of the oversight and
guidance by the Oversight Group to the United States Trade
Representative.
``(A) The guidelines shall establish procedures for
the United States Trade Representative to provide to
the Oversight Group--
``(i) information regarding the principal
multilateral and bilateral negotiating
objectives affecting agricultural trade, and
the progress being made toward their
achievement;
``(ii) information regarding the
implementation, administration, and
effectiveness of recently concluded
multilateral and bilateral agricultural trade
agreements and the resolution of agricultural
trade disputes;
``(iii) a schedule for an initial meeting,
prior to the commencement of negotiations
involving agricultural trade, between the
Oversight Group and the United States Trade
Representative, about the objectives of the
negotiations;
``(iv) written or oral briefings about the
status of ongoing negotiations involving
agricultural trade;
``(v) prior to the President initialing the
trade agreement, written or oral briefings
about the results of negotiations involving
agricultural trade;
``(vi) information about changes in United
States laws that are necessary as a result of
the negotiations; and
``(vii) a schedule and procedure for the
Oversight Group to provide advice and guidance
to the United States Trade Representative
regarding--
``(I) the negotiations involving
agricultural trade; and
``(II) changes in United States
laws that are necessary as a result of
the negotiations.
``(B) The United States Trade Representative shall
meet with the Oversight Group at a minimum on a
quarterly basis, and as needed during a negotiation
involving agricultural trade.
``(C) If determined necessary by either party,
consultations between the Oversight Group and the
United States Trade Representative may be conducted in
executive session.''.
SEC. 6. SALE OR BARTER OF FOOD ASSISTANCE.
It is the sense of Congress that--
The amendment to section 203 of the Agricultural Trade Development
and Assistance Act of 1954 (Pub. L. 480) made in section 208 of the
Federal Agriculture Improvement and Reform Act of 1996 (Pub. L. 101-
127) was intended to allow the sale or barter of United States
agricultural commodities included in United States food assistance only
within the recipient country or countries adjacent to the recipient
country, unless such sale or barter within the recipient country or
adjacent countries--
(1) is not practicable; and
(2) will not disrupt commercial markets for the
agricultural commodity involved.
SEC. 7. TREATMENT OF UNITED STATES AGRICULTURAL COMMODITIES, LIVESTOCK,
AND AGRICULTURAL PRODUCTS.
(a) Identification Required.--Chapter 8 of title I of the Trade Act
of 1974 is amended by adding at the end the following:
``SEC. 183. IDENTIFICATION OF COUNTRIES THAT ENGAGE IN UNFAIR TRADE
PRACTICES AFFECTING UNITED STATES AGRICULTURAL
COMMODITIES.
``(a) In General.--Not later than the date that is 30 days after
the date on which the annual report is required to be submitted to
congressional committees under section 181(b), the United States Trade
Representative (hereafter in this section referred to as the `Trade
Representative') shall identify--
``(1) those foreign countries that--
``(A) deny fair and equitable market access to
United States agricultural commodities through
discriminatory nontariff trade barriers;
``(B) employ unfair export subsidies that adversely
affect market share of United States exports of
agricultural commodities; or
``(C) unreasonably delay or preclude implementation
of a report of a dispute panel of the World Trade
Organization; or
``(2) those foreign countries identified under paragraph
(1) that are determined by the Trade Representative to be
priority foreign countries.
``(b) Special Rules for Identification.--
``(1) Criteria.--In identifying priority foreign countries
under subsection (a)(2), the Trade Representative shall only
identify those foreign countries that--
``(A) engage in or have the most onerous or
egregious acts, policies, or practices that deny fair
and equitable market access to United States
agricultural commodities;
``(B) engage in discriminatory nontariff trade
barriers for the importation of United States
agricultural commodities that are not based on public
health concerns or cannot be substantiated by reliable
analytical methods;
``(C) use unfair export subsidies;
``(D) unreasonably delay or preclude implementation
of a report of a dispute panel of the World Trade
Organization;
``(E) whose acts, policies, or practices described
in subparagraphs (A)-(D) have the greatest adverse
impact (actual or potential) on the relevant United
States agricultural commodities; or
``(F) that are not negotiating in good faith about
adopting fair and equitable trade practices, or making
significant progress in bilateral or multilateral
negotiations, in regard to United States agricultural
commodities.
``(2) Consultation and consideration requirements.--In
identifying priority foreign countries under subsection (a)(2),
the Trade Representative shall--
``(A) consult with the Secretary of Agriculture and
other appropriate officers of the Federal Government;
and
``(B) take into account information from such
sources as may be available to the Trade Representative
and such information as may be submitted to the Trade
Representative by interested persons, including
information contained in reports submitted under
section 181(b) and petitions submitted under section
302.
``(3) Factual basis requirement.--The Trade Representative
may identify a foreign country under subsection (a)(1) only if
the Trade Representative finds that there is a factual basis
for identifying the foreign country as engaging in a trade
practice under subsection (a)(1).
``(4) Consideration of historical factors.--In identifying
foreign countries under paragraphs (1) and (2) of subsection
(a), the Trade Representative shall take into account--
``(A) the history of agricultural trade relations
with the foreign country, including any previous
identification under subsection (a)(2); and
``(B) the history of efforts of the United States,
and the response of the foreign country, to achieve
fair trade practices affecting trade in the United
States agricultural commodities.
``(c) Revocations and Additional Identifications.--
``(1) Authority to act at any time.--If information
available to the Trade Representative indicates that such
action is appropriate, the Trade Representative may at any time--
``(A) revoke the identification of any foreign
country as a priority foreign country under this
section; or
``(B) identify any foreign country as a priority
foreign country under this section.
``(2) Revocation reports.--The Trade Representative shall
include in the semiannual report submitted to the Congress
under section 309(3) a detailed explanation of the reasons for
the revocation under paragraph (1) of the identification of any
foreign country as a priority foreign country under this
section.
``(d) Definitions.--For purposes of this section, the terms
`agricultural commodity' and `United States agricultural commodity'
have the meanings provided in section 102 (1) and (7) of the
Agricultural Trade Act of 1978, respectively.
``(e) Publication.--The Trade Representative shall publish in the
Federal Register a list of foreign countries identified under
subsection (a) and shall make such revisions to the list as may be
required by reason of the action under subsection (c).
``(f) Annual Report.--The Trade Representative shall, not later
than the date by which countries are identified under subsection (a),
transmit to the Committee on Ways and Means and the Committee on
Agriculture of the House of Representatives and the Committee on
Finance and the Committee on Agriculture, Nutrition, and Forestry of
the Senate, a report on the actions taken under this section during the
12 months preceding such report, and the reasons for such actions,
including a description of progress made in achieving fair and
equitable market access for United States agricultural commodities.''.
(b) Remedial Actions to Unfair Trade Practices Involving United
States Agricultural Commodities, Livestock, and Agricultural
Products.--
(1) Section 301 of the Trade Act of 1974 (19 U.S.C. 2411)
is amended--
(A) in subsection (a)(1) by inserting ``section
183(a) or'' after ``determines under'';
(B) in subsection (b) by inserting ``section 183(a)
or'' after ``determines under'';
(C) in subsection (c)(1)--
(i) in subparagraph (C) by striking
``section; or'' and inserting ``section;''
(ii) in subparagraph (D) by striking
``paragraph (4).'' and inserting ``paragraph
(4); or''; and
(iii) by adding a new subparagraph (E) as
follows:
``(E) with respect to an investigation of a country
identified under section 183(a)--
``(I) take any action authorized
under this subsection; and
``(II) to request that the
Secretary of Agriculture target the use
of existing United States export
programs that are administered within
the Department of Agriculture to the
commodity that is subject to the unfair
trade practice by the priority foreign
country.''.
(c) Clerical Amendment.--The table of contents for the Trade Act of
1974 is amended by inserting after the item relating to section 182 the
following:
``Sec. 183. Identification of Countries That Engage in Unfair Trade
Practices Affecting United States
Agricultural Commodities.''.
(d) Investigation Required.--Subparagraph (A) of section 302(b)(2)
of the Trade Act of 1974 (19 U.S.C. 2412(b)(2)(A)) is amended by
inserting ``or 183(a)(2)'' after ``section 182(a)(2)'' in the matter
preceding clause (i).
(e) Conforming Amendments.--
(1) Subparagraph (D) of section 302(b)(2) of such Act is
amended by inserting ``concerning intellectual property rights
that is'' after ``any investigation''.
(2) Subparagraph (B) of section 304(a)(3) of such Act is
amended--
(A) by striking ``or'' at the end of clause (ii);
(B) by inserting ``or'' at the end of clause (iii);
and
(C) by inserting immediately after clause (iii) the
following new clause:
``(iv) the foreign country involved in the
investigation is making substantial progress in
drafting or implementing legislative or
administrative measures that ensure the country
engages in fair and equitable trade practices
affecting United States agricultural
commodities.''.
SEC. 8. DUTIES OF AGRICULTURE DEPARTMENT REGARDING SANITARY AND
PHYTOSANITARY ISSUES.
(a) Lead Agency Status.--Title I of the Agricultural Trade Act of
1978 (7 U.S.C. 5601 et seq.) is amended by adding at the end the
following new section:
``SEC. 107. SANITARY AND PHYTOSANITARY ISSUES.
``The Department of Agriculture shall be the lead agency in the
Federal Government for sanitary and phytosanitary issues that affect
agricultural exports.''.
(b) Data Collection and Report.--The Secretary shall identify
sanitary and phytosanitary measures currently negatively affecting
agricultural exports, by country and commodity, noting--
(1) whether such measures are consistent with the World
Trade Organization sanitary and phytosanitary agreement; and
(2) whether issues arising from such measures are being
addressed and resolved;
and report the Secretary's findings thereon to Congress not later than
July 31, 1999.
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