Home > 106th Congressional Bills > S. 567 (is) To amend the Dairy Production Stabilization Act of 1983 to ensure that all persons who benefit from the dairy promotion and research program contribute to the cost of the program. [Introduced in Senate] ...

S. 567 (is) To amend the Dairy Production Stabilization Act of 1983 to ensure that all persons who benefit from the dairy promotion and research program contribute to the cost of the program. [Introduced in Senate] ...


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                                                       Calendar No. 276

106th CONGRESS

  1st Session

                                 S. 566

                          [Report No. 106-157]

_______________________________________________________________________

                                 A BILL

  To amend the Agricultural Trade Act of 1978 to exempt agricultural 
   commodities, livestock, and value-added products from unilateral 
 economic sanctions, to prepare for future bilateral and multilateral 
 trade negotiations affecting United States agriculture, and for other 
                               purposes.

_______________________________________________________________________

                           September 13, 1999

        Reported with an amendment and an amendment to the title





                                                       Calendar No. 276
106th CONGRESS
  1st Session
                                 S. 566

                          [Report No. 106-157]

  To amend the Agricultural Trade Act of 1978 to exempt agricultural 
   commodities, livestock, and value-added products from unilateral 
 economic sanctions, to prepare for future bilateral and multilateral 
 trade negotiations affecting United States agriculture, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 8, 1999

 Mr. Lugar  (for himself, Mr. McConnell, Mr. Gorton, Mrs. Murray, Mr. 
  Fitzgerald, Mrs. Lincoln, Mr. Daschle, Mr. Cochran, Mr. Baucus, Mr. 
Harkin, Mr. Roberts, Mr. Kerrey, Mr. Grams, Mr. Johnson, Mr. Leahy, Mr. 
  Santorum, Mr. Bayh, Mr. Conrad, Mr. Craig, Mr. Burns, Mr. Smith of 
 Oregon, Mr. Bond, Mr. Allard, Mr. Bunning, Mrs. Hutchison, Mr. Gramm, 
Mr. Cleland, and Mr. Campbell) introduced the following bill; which was 
read twice and referred to the Committee on Agriculture, Nutrition, and 
                                Forestry

                           September 13, 1999

 Reported by Mr. Lugar, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To amend the Agricultural Trade Act of 1978 to exempt agricultural 
   commodities, livestock, and value-added products from unilateral 
 economic sanctions, to prepare for future bilateral and multilateral 
 trade negotiations affecting United States agriculture, and for other 
                               purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Agricultural Trade Freedom 
Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act, the terms ``agricultural commodity'' and 
``United States agricultural commodity'' have the meanings given the 
terms in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 
5602).</DELETED>

<DELETED>SEC. 3. AGRICULTURAL COMMODITIES, LIVESTOCK, AND PRODUCTS 
              EXEMPT FROM SANCTIONS.</DELETED>

<DELETED>    Title IV of the Agricultural Trade Act of 1978 (7 U.S.C. 
5661 et seq.) is amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 418. AGRICULTURAL COMMODITIES, LIVESTOCK, AND PRODUCTS 
              EXEMPT FROM SANCTIONS.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Current sanction.--The term `current 
        sanction' means a unilateral economic sanction that is in 
        effect on the date of enactment of the Agricultural Trade 
        Freedom Act.</DELETED>
        <DELETED>    ``(2) New sanction.--The term `new sanction' means 
        a unilateral economic sanction that becomes effective after the 
        date of enactment of that Act.</DELETED>
        <DELETED>    ``(3) 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 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.</DELETED>
<DELETED>    ``(b) Exemption.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to paragraphs (2) and 
        (3) and notwithstanding any other provision of law, 
        agricultural commodities made available as a result of 
        commercial sales shall be exempt from a unilateral economic 
        sanction imposed by the United States on another 
        country.</DELETED>
        <DELETED>    ``(2) Exclusions.--Paragraph (1) shall not apply 
        to agricultural commodities made available as a result of 
        programs carried out under--</DELETED>
                <DELETED>    ``(A) the Agricultural Trade Development 
                and Assistance Act of 1954 (7 U.S.C. 1691 et 
                seq.);</DELETED>
                <DELETED>    ``(B) section 416 of the Agricultural Act 
                of 1949 (7 U.S.C. 1431);</DELETED>
                <DELETED>    ``(C) the Food for Progress Act of 1985 (7 
                U.S.C. 1736o); or</DELETED>
                <DELETED>    ``(D) the Agricultural Trade Act of 1978 
                (7 U.S.C. 5601 et seq.).</DELETED>
        <DELETED>    ``(3) Determination by president.--If the 
        President determines that the exemption provided under 
        paragraph (1) should not apply to a unilateral economic 
        sanction for reasons of foreign policy or national security, 
        the President may include the agricultural commodities made 
        available as a result of the activities described in paragraph 
        (1) in the unilateral economic sanction.</DELETED>
<DELETED>    ``(c) Current Sanctions.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to paragraph (2), the 
        exemption under subsection (b)(1) shall apply to a current 
        sanction.</DELETED>
        <DELETED>    ``(2) Presidential review.--Not later than 90 days 
        after the date of enactment of the Agricultural Trade Freedom 
        Act, the President shall review each current sanction to 
        determine whether the exemption under subsection (b)(1) should 
        apply to the current sanction.</DELETED>
        <DELETED>    ``(3) Application.--The exemption under subsection 
        (b)(1) shall apply to a current sanction beginning on the date 
        that is 180 days after the date of enactment of the 
        Agricultural Trade Freedom Act unless the President determines 
        that the exemption should not apply to the current sanction for 
        reasons of foreign policy or national security.</DELETED>
<DELETED>    ``(d) Report.--</DELETED>
        <DELETED>    ``(1) In general.--If the President determines 
        that the exemption under subsection (b)(2) or (c)(2) should not 
apply to a unilateral economic sanction, the President shall submit a 
report to the Committee on Agriculture of the House of Representatives 
and the Committee on Agriculture, Nutrition, and Forestry of the 
Senate--</DELETED>
                <DELETED>    ``(A) in the case of a current sanction, 
                not later than 15 days after the date of the 
                determination under subsection (c)(2); and</DELETED>
                <DELETED>    ``(B) in the case of a new sanction, on 
                the date of the imposition of the new 
                sanction.</DELETED>
        <DELETED>    ``(2) Contents of report.--The report shall 
        contain--</DELETED>
                <DELETED>    ``(A) an explanation of the foreign policy 
                or national security reasons for which the exemption 
                should not apply to the unilateral economic sanction; 
                and</DELETED>
                <DELETED>    ``(B) an assessment by the Secretary--
                </DELETED>
                        <DELETED>    ``(i) regarding export sales--
                        </DELETED>
                                <DELETED>    ``(I) in the case of a 
                                current sanction, whether markets in 
                                the sanctioned country or countries 
                                present a substantial trade opportunity 
                                for export sales of a United States 
                                agricultural commodity; or</DELETED>
                                <DELETED>    ``(II) in the case of a 
                                new sanction, the extent to which any 
                                country or countries to be sanctioned 
                                or likely to be sanctioned are markets 
                                that accounted for, during the 
                                preceding calendar year, more than 3 
                                percent of export sales of a United 
                                States agricultural 
                                commodity;</DELETED>
                        <DELETED>    ``(ii) regarding the effect on 
                        United States agricultural commodities--
                        </DELETED>
                                <DELETED>    ``(I) in the case of a 
                                current sanction, the potential for 
                                export sales of United States 
                                agricultural commodities in the 
                                sanctioned country or countries; 
                                and</DELETED>
                                <DELETED>    ``(II) in the case of a 
                                new sanction, the likelihood that 
                                exports of United States agricultural 
                                commodities will be affected by the new 
                                sanction or by retaliation by any 
                                country to be sanctioned or likely to 
                                be sanctioned, including a description 
                                of specific United States agricultural 
                                commodities that are most likely to be 
                                affected;</DELETED>
                        <DELETED>    ``(iii) regarding the income of 
                        agricultural producers--</DELETED>
                                <DELETED>    ``(I) in the case of a 
                                current sanction, the potential for 
                                increasing the income of producers of 
                                the United States agricultural 
                                commodities involved; and</DELETED>
                                <DELETED>    ``(II) in the case of a 
                                new sanction, the likely effect on 
                                incomes of producers of the 
                                agricultural commodities 
                                involved;</DELETED>
                        <DELETED>    ``(iv) regarding displacement of 
                        United States suppliers--</DELETED>
                                <DELETED>    ``(I) in the case of a 
                                current sanction, the potential for 
                                increased competition for United States 
                                suppliers of the agricultural commodity 
                                in countries that are not subject to 
                                the current sanction; and</DELETED>
                                <DELETED>    ``(II) in the case of a 
                                new sanction, the extent to which the 
                                new sanction would permit foreign 
                                suppliers to replace United States 
                                suppliers; and</DELETED>
                        <DELETED>    ``(v) regarding the reputation of 
                        United States agricultural producers as 
                        reliable suppliers--</DELETED>
                                <DELETED>    ``(I) in the case of a 
                                current sanction, whether removing the 
                                sanction would increase the reputation 
                                of United States producers as reliable 
                                suppliers of agricultural commodities 
                                in general, and of specific 
                                agricultural commodities identified by 
                                the Secretary; and</DELETED>
                                <DELETED>    ``(II) in the case of a 
                                new sanction, the likely effect of the 
                                proposed sanction on the reputation of 
                                United States producers as reliable 
                                suppliers of agricultural commodities 
                                in general, and of specific 
                                agricultural commodities identified by 
                                the Secretary.''.</DELETED>

<DELETED>SEC. 4. OBJECTIVES FOR AGRICULTURAL NEGOTIATIONS.</DELETED>

<DELETED>    It is the sense of Congress that the principal 
agricultural trade negotiating objectives of the United States for 
future multilateral and bilateral trade negotiations (including 
negotiations involving the World Trade Organization) should be to 
achieve, on an expedited basis and to the maximum extent practicable, 
more open and fair conditions for trade in agricultural commodities 
by--</DELETED>
        <DELETED>    (1) developing, strengthening, and clarifying 
        rules for trade in agricultural commodities, including 
        eliminating or reducing restrictive or trade-distorting import 
        and export practices, including--</DELETED>
                <DELETED>    (A) enhancing the operation and 
                effectiveness of the relevant provisions of the Uruguay 
                Round Agreements designed to define, deter, and 
                discourage the persistent use of unfair trade 
                practices; and</DELETED>
                <DELETED>    (B) enforcing and strengthening rules of 
                the World Trade Organization regarding--</DELETED>
                        <DELETED>    (i) trade-distorting practices of 
                        state trading enterprises and similar public 
                        and private trading enterprises; and</DELETED>
                        <DELETED>    (ii) the acts, practices, or 
                        policies of a foreign government that 
                        unreasonably--</DELETED>
                                <DELETED>    (I) require that 
                                substantial direct investment in the 
                                foreign country be made as a condition 
                                for carrying on business in the foreign 
                                country;</DELETED>
                                <DELETED>    (II) require that 
                                intellectual property be licensed to 

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