I
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 consider-
ation of such provisions fall within the jurisdiction of the committee con-
cerned
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘United States Agricul-
tural Trade Act of 1999’’.
SEC. 2. OBJECTIVES FOR AGRICULTURAL NEGOTIATIONS.
It is the sense of the Congress that—
The principal agricultural trade negotiating objec-
tives of the United States for future multilateral and bilat-
eral trade negotiations, including the World Trade Organi-
zation, shall be to achieve, on an expedited basis, and to
the maximum extent feasible, more open and fair condi-
tions 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 effective-
ness of the relevant Uruguay Round Agree-
ments 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 implemen-
tation of a report of a dispute panel
of the World Trade Organization;
(2) increasing United States agricultural ex-
ports 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 mar-
kets, 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 administra-
tive mechanisms that result in inadequate price
transparency;
(B) unjustified restrictions or commercial
requirements affecting new technologies, includ-
ing 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 commod-
ity 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 establish-
ment 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 commod-
ity’’ and ‘‘United States agricultural commodity’’ have the
meanings provided in section 102 (1) and (7) of the Agri-
cultural 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 pro-
hibition, restriction, or condition on economic activity, in-
cluding 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 rea-
sons 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 follow-
ing 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 sec-
tion 1113 of the Food Security Act of 1985 (7
U.S.C. 1736–1); and
(D) commercial sales and humanitarian as-
sistance 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 eco-
nomic sanction for reasons of foreign policy or na-
tional security, the President may include the activi-
ties described in paragraph (1) in the unilateral eco-
nomic 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 Presi-
dent shall provide a report to the Committee on Ag-
riculture 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 ex-
emption should not apply to the unilateral eco-
nomic 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 commod-
ity;
(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 unilat-
eral economic sanction would permit for-
eign 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 agri-
cultural commodities in general, and of
specific commodities identified by the Sec-
retary.
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 AGRI-
CULTURAL NEGOTIATIONS.—
‘‘(1) There is established a Congressional Over-
sight Group for Agricultural Negotiations (Oversight
Group) that shall provide oversight and guidance
with respect to agricultural trade policy and negotia-
tion 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 Rep-
resentatives.
‘‘(i) The President pro tempore of the
Senate, upon the recommendation of the
Chairman of the Committee on Agri-
culture, Nutrition, and Forestry, shall se-
lect 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 Ag-
riculture, shall select 2 members from the
majority party, and one member from the
minority party, of the House of Represent-
atives.
‘‘(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 con-
ferences, meetings, and negotiating sessions re-
lating to agricultural trade policy and negotia-
tion 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 propos-
als by the United States and foreign countries af-
fecting 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 estab-
lish 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 proce-
dures for the United States Trade Representa-
tive to provide to the Oversight Group—
‘‘(i) information regarding the prin-
cipal multilateral and bilateral negotiating
objectives affecting agricultural trade, and
the progress being made toward their
achievement;
‘‘(ii) information regarding the imple-
mentation, administration, and effective-
ness of recently concluded multilateral and
bilateral agricultural trade agreements and
the resolution of agricultural trade dis-
putes;
‘‘(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 brief-
ings about the results of negotiations in-
volving 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 Rep-
resentative 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 Representa-
tive 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 Represent-
ative 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 Im-
provement 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 bar-
ter 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 AGRICUL-
TURAL 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 COMMOD-
ITIES.
‘‘(a) IN GENERAL.—Not later than the date that is
30 days after the date on which the annual report is re-
quired to be submitted to congressional committees under
section 181(b), the United States Trade Representative
(hereafter in this section referred to as the ‘Trade Rep-
resentative’) 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 imple-
mentation 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 Rep-
resentative 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 imple-
mentation of a report of a dispute panel of the
World Trade Organization;
‘‘(E) whose acts, policies, or practices de-
scribed in subparagraphs (A)–(D) have the
greatest adverse impact (actual or potential) on
the relevant United States agricultural com-
modities; or
‘‘(F) that are not negotiating in good faith
about adopting fair and equitable trade prac-
tices, or making significant progress in bilateral
or multilateral negotiations, in regard to United
States agricultural commodities.
‘‘(2) CONSULTATION AND CONSIDERATION RE-
QUIREMENTS.—In identifying priority foreign coun-
tries under subsection (a)(2), the Trade Representa-
tive shall—
‘‘(A) consult with the Secretary of Agri-
culture 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 inter-
ested 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 Represent-
ative finds that there is a factual basis for identify-
ing the foreign country as engaging in a trade prac-
tice under subsection (a)(1).
‘‘(4) CONSIDERATION
OF
HISTORICAL
FAC-
TORS.—In identifying foreign countries under para-
graphs (1) and (2) of subsection (a), the Trade Rep-
resentative shall take into account—
‘‘(A) the history of agricultural trade rela-
tions 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 IDENTIFICA-
TIONS.—
‘‘(1) AUTHORITY TO ACT AT ANY TIME.—If in-
formation available to the Trade Representative indi-
‘‘(f) ANNUAL REPORT.—The Trade Representative
shall, not later than the date by which countries are identi-
fied 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 For-
estry 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 PRAC-
TICES INVOLVING UNITED STATES AGRICULTURAL COM-
MODITIES, LIVESTOCK, 
AND
AGRICULTURAL
PROD-
UCTS.—
(1) Section 301 of the Trade Act of 1974 (19
U.S.C. 2411) is amended—
(A) in subsection (a)(1) by inserting ‘‘sec-
tion 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 Sec-
retary of Agriculture target the use of
existing United States export pro-
grams that are administered within
the Department of Agriculture to the
commodity that is subject to the un-
fair trade practice by the priority for-
eign 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 intel-
lectual property rights that is’’ after ‘‘any investiga-
tion’’.
(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 legis-
lative or administrative measures that en-
sure the country engages in fair and equi-
table trade practices affecting United
States agricultural commodities.’’.
SEC. 8. DUTIES OF AGRICULTURE DEPARTMENT REGARD-
ING SANITARY AND PHYTOSANITARY ISSUES.
(a) LEAD AGENCY STATUS.—Title I of the Agricul-
tural Trade Act of 1978 (7 U.S.C. 5601 et seq.) is amend-
ed 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 Sec-
retary 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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