`[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1771 Placed on Calendar Senate (PCS)]





                                                       Calendar No. 343

106th CONGRESS

  1st Session

                                S. 1771

_______________________________________________________________________

                                 A BILL

  To provide stability in the United States agriculture sector and to 
  promote adequate availability of food and medicine for humanitarian 
   assistance abroad by requiring congressional approval before the 
imposition of any unilateral agricultural or medical sanction against a 
                   foreign country or foreign entity.

_______________________________________________________________________

                            October 25, 1999

            Read the second time and placed on the calendar





                                                       Calendar No. 343
106th CONGRESS
  1st Session
                                S. 1771

  To provide stability in the United States agriculture sector and to 
  promote adequate availability of food and medicine for humanitarian 
   assistance abroad by requiring congressional approval before the 
imposition of any unilateral agricultural or medical sanction against a 
                   foreign country or foreign entity.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 22, 1999

    Mr. Ashcroft (for himself, Mr. Hagel, Mr. Baucus, Mr. Dodd, Mr. 
   Brownback, Mr. Kerrey, Mr. Roberts, Mr. Dorgan, Mr. Daschle, Mr. 
 Abraham, Mr. Allard, Mr. Bennett, Mr. Bingaman, Mr. Bond, Mr. Burns, 
   Mr. Conrad, Mr. Craig, Mr. Crapo, Mr. Durbin, Mr. Fitzgerald, Mr. 
    Gorton, Mr. Grams, Mr. Harkin, Mr. Hutchinson, Mr. Inhofe, Mr. 
 Jeffords, Mr. Kerry, Mr. Leahy, Mrs. Lincoln, Mr. Chafee, Mr. Thomas, 
and Mr. Warner) introduced the following bill; which was read the first 
                                  time

                            October 25, 1999

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
  To provide stability in the United States agriculture sector and to 
  promote adequate availability of food and medicine for humanitarian 
   assistance abroad by requiring congressional approval before the 
imposition of any unilateral agricultural or medical sanction against a 
                   foreign country or foreign entity.

    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 ``Food and Medicine for the World 
Act''.

SEC. 2. REQUIREMENT OF CONGRESSIONAL APPROVAL OF ANY UNILATERAL 
              AGRICULTURAL OR MEDICAL SANCTION.

    (a) Definitions.--In this section:
            (1) Agricultural commodity.--The term ``agricultural 
        commodity'' has the meaning given the term in section 102 of 
        the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
            (2) Agricultural program.--The term ``agricultural 
        program'' means--
                    (A) any program administered under the Agricultural 
                Trade Development and Assistance Act of 1954 (7 U.S.C. 
                1691 et seq.);
                    (B) any program administered under section 416 of 
                the Agricultural Act of 1949 (7 U.S.C. 1431);
                    (C) any program administered under the Agricultural 
                Trade Act of 1978 (7 U.S.C. 5601 et seq.);
                    (D) the dairy export incentive program administered 
                under section 153 of the Food Security Act of 1985 (15 
                U.S.C. 713a-14);
                    (E) any commercial export sale of agricultural 
                commodities; or
                    (F) any export financing (including credits or 
                credit guarantees) provided by the United States 
                Government for agricultural commodities.
            (3) Joint resolution.--The term ``joint resolution'' 
        means--
                    (A) in the case of subsection (b)(1)(B), only a 
                joint resolution introduced within 10 session days of 
                Congress after the date on which the report of the 
                President under subsection (b)(1)(A) is received by 
                Congress, the matter after the resolving clause of 
                which is as follows: ``That Congress approves the 
                report of the President pursuant to section 2(b)(1)(A) 
                of the Food and Medicine for the World Act, transmitted 
                on ______________.'', with the blank completed with the 
                appropriate date; and
                    (B) in the case of subsection (e)(2), only a joint 
                resolution introduced within 10 session days of 
                Congress after the date on which the report of the 
                President under subsection (e)(1) is received by 
                Congress, the matter after the resolving clause of 
                which is as follows: ``That Congress approves the 
                report of the President pursuant to section 2(e)(1) of 
                the Food and Medicine for the World Act, transmitted on 
                ______________.'', with the blank completed with the 
                appropriate date.
            (4) Medical device.--The term ``medical device'' has the 
        meaning given the term ``device'' in section 201 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 321).
            (5) Medicine.--The term ``medicine'' has the meaning given 
        the term ``drug'' in section 201 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 321).
            (6) Unilateral agricultural sanction.--The term 
        ``unilateral agricultural sanction'' means any prohibition, 
        restriction, or condition on carrying out an agricultural 
        program 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 member countries of that regime have 
        agreed to impose substantially equivalent measures.
            (7) Unilateral medical sanction.--The term ``unilateral 
        medical sanction'' means any prohibition, restriction, or 
        condition on exports of, or the provision of assistance 
        consisting of, medicine or a medical device 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 member countries of that regime have agreed to 
impose substantially equivalent measures.
    (b) Restriction.--
            (1) New sanctions.--Except as provided in subsections (c) 
        and (d) and notwithstanding any other provision of law, the 
        President may not impose a unilateral agricultural sanction or 
        unilateral medical sanction against a foreign country or 
        foreign entity, unless--
                    (A) not later than 60 days before the sanction is 
                proposed to be imposed, the President submits a report 
                to Congress that--
                            (i) describes the activity proposed to be 
                        prohibited, restricted, or conditioned; and
                            (ii) describes the actions by the foreign 
                        country or foreign entity that justify the 
                        sanction; and
                    (B) Congress enacts a joint resolution stating the 
                approval of Congress for the report submitted under 
                subparagraph (A).
            (2) Existing sanctions.--
                    (A) In general.--Except as provided in subparagraph 
                (B), with respect to any unilateral agricultural 
                sanction or unilateral medical sanction that is in 
                effect as of the date of enactment of this Act, the 
                President shall terminate the sanction.
                    (B) Exemptions.--Subparagraph (A) shall not apply 
                to a unilateral agricultural sanction or unilateral 
                medical sanction imposed with respect to--
                            (i) any program administered under section 
                        416 of the Agricultural Act of 1949 (7 U.S.C. 
                        1431);
                            (ii) the Export Credit Guarantee Program 
                        (GSM-102) or the Intermediate Export Credit 
                        Guarantee Program (GSM-103) established under 
                        section 202 of the Agricultural Trade Act of 
                        1978 (7 U.S.C. 5622); or
                            (iii) the dairy export incentive program 
                        administered under section 153 of the Food 
                        Security Act of 1985 (15 U.S.C. 713a-14).
    (c) Exceptions.--Subsection (b) shall not affect any authority or 
requirement to impose (or continue to impose) a sanction referred to in 
subsection (b)--
            (1) against a foreign country or foreign entity with 
        respect to which Congress has enacted a declaration of war that 
        is in effect on or after the date of enactment of this Act; or
            (2) to the extent that the sanction would prohibit, 
        restrict, or condition the provision or use of any agricultural 
        commodity, medicine, or medical device that is--
                    (A) controlled on the United States Munitions List 
                established under section 38 of the Arms Export Control 
                Act (22 U.S.C. 2778);
                    (B) controlled on any control list established 
                under the Export Administration Act of 1979 (50 U.S.C. 
                App. 2401 et seq.); or
                    (C) used to facilitate the development or 
                production of a chemical or biological weapon or weapon 
                of mass destruction.
    (d) Countries Supporting International Terrorism.--Subsection (b) 
shall not affect the prohibitions in effect on or after the date of 
enactment of this Act under section 620A of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2371) on providing, to the government of any country 
supporting international terrorism, United States government 
assistance, including United States foreign assistance, United States 
export assistance, or any United States credits or credit guarantees.
    (e) Termination of Sanctions.--Any unilateral agricultural sanction 
or unilateral medical sanction that is imposed pursuant to the 
procedures described in subsection (b)(1) shall terminate not later 
than 2 years after the date on which the sanction became effective 
unless--
            (1) not later than 60 days before the date of termination 
        of the sanction, the President submits to Congress a report 
        containing the recommendation of the President for the 
        continuation of the sanction for an additional period of not to 
        exceed 2 years and the request of the President for approval by 
        Congress of the recommendation; and
            (2) Congress enacts a joint resolution stating the approval 
        of Congress for the report submitted under paragraph (1).
    (f) Congressional Priority Procedures.--
            (1) Referral of report.--A report described in subsection 
        (b)(1)(A) or (e)(1) shall be referred to the appropriate 
        committee or committees of the House of Representatives and to 
        the appropriate committee or committees of the Senate.
            (2) Referral of joint resolution.--
                    (A) In general.--A joint resolution shall be 
                referred to the committees in each House of Congress 
                with jurisdiction.
                    (B) Reporting date.--A joint resolution referred to 
                in subparagraph (A) may not be reported before the 
                eighth session day of Congress after the introduction 
                of the joint resolution.
            (3) Discharge of committee.--If the committee to which is 
        referred a joint resolution has not reported the joint 
        resolution (or an identical joint resolution) at the end of 30 
        session days of Congress after the date of introduction of the 
        joint resolution--
                    (A) the committee shall be discharged from further 
                consideration of the joint resolution; and
                    (B) the joint resolution shall be placed on the 
                appropriate calendar of the House concerned.
            (4) Floor consideration.--
                    (A) Motion to proceed.--
                            (i) In general.--When the committee to 
                        which a joint resolution is referred has 
                        reported, or when a committee is discharged 
                        under paragraph (3) from further consideration 
                        of, a joint resolution--
                                    (I) it shall be at any time 
                                thereafter in order (even though a 
                                previous motion to the same effect has 
                                been disagreed to) for any member of 
                                the House concerned to move to proceed 
                                to the consideration of the joint 
                                resolution; and
                                    (II) all points of order against 
                                the joint resolution (and against 
                                consideration of the joint resolution) 
                                are waived.
                            (ii) Privilege.--The motion to proceed to 
                        the consideration of the joint resolution--
                                    (I) shall be highly privileged in 
                                the House of Representatives and 
                                privileged in the Senate; and
                                    (II) not debatable.
                            (iii) Amendments and motions not in 
                        order.--The motion to proceed to the 
                        consideration of the joint resolution shall not 
                        be subject to--
                                    (I) amendment;
                                    (II) a motion to postpone; or
                                    (III) a motion to proceed to the 
                                consideration of other business.
                            (iv) Motion to reconsider not in order.--A 
                        motion to reconsider the vote by which the 
                        motion is agreed to or disagreed to shall not 
                        be in order.
                            (v) Business until disposition.--If a 
                        motion to proceed to the consideration of the 
                        joint resolution is agreed to, the joint 
                        resolution shall remain the unfinished business 
                        of the House concerned until disposed of.
                    (B) Limitations on debate.--
                            (i) In general.--Debate on the joint 
                        resolution, and on all debatable motions and 
                        appeals in connection with the joint 
                        resolution, shall be limited to not more than 
                        10 hours, which shall be divided equally 
                        between those favoring and those opposing the 
                        joint resolution.
                            (ii) Further debate limitations.--A motion 
                        to limit debate shall be in order and shall not 
                        be debatable.
                            (iii) Amendments and motions not in 
                        order.--An amendment to, a motion to postpone, 
                        a motion to proceed to the consideration of 
                        other business, a motion to recommit the joint 
                        resolution, or a motion to reconsider the vote 
                        by which the joint resolution is agreed to or 
                        disagreed to shall not be in order.
                    (C) Vote on final passage.--Immediately following 
                the conclusion of the debate on a joint resolution, and 
                a single quorum call at the conclusion of the debate if 
                requested in accordance with the rules of the House 
                concerned, the vote on final passage of the joint 
                resolution shall occur.
                    (D) Rulings of the chair on procedure.--An appeal 
                from a decision of the Chair relating to the 
                application of the rules of the Senate or House of 
                Representatives, as the case may be, to the procedure 
                relating to a joint resolution shall be decided without 
                debate.
            (5) Coordination with action by other house.--If, before 
        the passage by 1 House of a joint resolution of that House, 
        that House receives from the other House a joint resolution, 
        the following procedures shall apply:
                    (A) No committee referral.--The joint resolution of 
                the other House shall not be referred to a committee.
                    (B) Floor procedure.--With respect to a joint 
                resolution of the House receiving the joint 
                resolution--
                            (i) the procedure in that House shall be 
                        the same as if no joint resolution had been 
                        received from the other House; but
                            (ii) the vote on final passage shall be on 
                        the joint resolution of the other House.
                    (C) Disposition of joint resolutions of receiving 
                house.--On disposition of the joint resolution received 
                from the other House, it shall no longer be in order to 
                consider the joint resolution originated in the 
                receiving House.
            (6) Procedures after action by both the house and senate.--
        If a House receives a joint resolution from the other House 
        after the receiving House has disposed of a joint resolution 
        originated in that House, the action of the receiving House 
        with regard to the disposition of the joint resolution 
        originated in that House shall be deemed to be the action of 
        the receiving House with regard to the joint resolution 
        originated in the other House.
            (7) Rulemaking power.--This paragraph is enacted by 
        Congress--
                    (A) as an exercise of the rulemaking power of the 
                Senate and House of Representatives, respectively, and 
                as such this paragraph--
                            (i) is deemed to be a part of the rules of 
                        each House, respectively, but applicable only 
                        with respect to the procedure to be followed in 
                        that House in the case of a joint resolution; 
                        and
                            (ii) supersedes other rules only to the 
                        extent that this paragraph is inconsistent with 
                        those rules; and
                    (B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                the rules relate to the procedure of that House) at any 
                time, in the same manner and to the same extent as in 
                the case of any other rule of that House.
    (g) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), this 
        section takes effect on the date of enactment of this Act.
            (2) Existing sanctions.--In the case of any unilateral 
        agricultural sanction or unilateral medical sanction that is in 
        effect as of the date of enactment of this Act, this section 
        takes effect 180 days after the date of enactment of this Act.`