II

106TH CONGRESS

1ST SESSION S. 315

To amend the Agricultural Trade Act of 1978 to require the President

to report to Congress on any selective embargo on agricultural commodities, to provide a termination date for the embargo, to provide greater

assurances for contract sanctity, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 27, 1999

Mr. ASHCROFT (for himself, Mr. HARKIN, Mr. BOND, Mr. BAUCUS, Mr.

BURNS, Mr. DURBIN, Mr. GORTON, Mr. GRAMS, Mr. HAGEL, and Mr.

INHOFE) introduced the following bill; which was read twice and referred

to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Agricultural Trade Act of 1978 to require

the President to report to Congress on any selective

embargo on agricultural commodities, to provide a termination date for the embargo, to provide greater assurances for contract sanctity, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Selective Agricultural

5 Embargoes Act of 1999’’.
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1 SEC. 2. REPORTING ON SELECTIVE EMBARGOES.

2 The Agricultural Trade Act of 1978 (7 U.S.C. 5711

3 et seq.) is amended by adding at the end of title VI:

4 ‘‘SEC. 604. REPORTING ON SELECTIVE EMBARGOES.

5 ‘‘(a) REPORT.—If the President takes any action,

6 pursuant to statutory authority, to embargo the export

7 under an export sales contract (as defined in subsection

8 (e)) of an agricultural commodity to a country that is not

9 part of an embargo on all exports to the country, not later

10 than 5 days after imposing the embargo, the President

11 shall submit a report to Congress that sets forth in detail

12 the reasons for the embargo and specifies the proposed

13 period during which the embargo will be effective.

14 ‘‘(b) APPROVAL OF EMBARGO.—If a joint resolution

15 approving the embargo becomes law during the 100-day

16 period beginning on the date of receipt of the report pro17 vided for in subsection (a), the embargo shall terminate

18 on the earlier of—

19 ‘‘(1) a date determined by the President; or

20 ‘‘(2) the date that is 1 year after the date of

21 enactment of the joint resolution approving the em22 bargo.

23 ‘‘(c) DISAPPROVAL OF EMBARGO.—If a joint resolu24 tion disapproving the embargo becomes law during the

25 100-day period referred to in subsection (b), the embargo

26 shall terminate on the expiration of the 100-day period.
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1 ‘‘(d) EXCEPTION.—Notwithstanding any other provi2 sion of this section, an embargo may take effect and con3 tinue in effect during any period in which the United

4 States is in a state of war declared by Congress or na5 tional emergency, requiring such action, declared by the

6 President.

7 ‘‘(e) DEFINITIONS.—As used in this section—

8 ‘‘(1) the term ‘agricultural commodity’ includes

9 plant nutrient materials;

10 ‘‘(2) the term ‘under an export sales contract’

11 means under an export sales contract entered into

12 before the President has transmitted to Congress no13 tice of the proposed embargo; and

14 ‘‘(3) the term ‘embargo’ includes any prohibi15 tion or curtailment.’’.

16 SEC. 3. ADDITION OF PLANT NUTRIENT MATERIALS TO

17 PROTECTION OF CONTRACT SANCTITY.

18 Section 602(c) of the Agricultural Trade Act of 1978

19 (7 U.S.C. 5712(c)) is amended by inserting ‘‘(including

20 plant nutrient materials)’’ after ‘‘agricultural commodity’’

21 each place it appears.

Æ