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] ...
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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