I 
109TH CONGRESS 
1ST SESSION H. R. 4179 
To authorize appropriate action if negotiations with Japan to allow the 
resumption of United States beef exports are not successful, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 28, 2005 
Mr. SALAZAR (for himself, Mr. REHBERG, Mr. PETERSON of Minnesota, Mr. 
COSTA, Mr. CASE, Ms. HERSETH, Mr. ROSS, Mr. MELANCON, Mr. 
CARDOZA, and Mr. LIPINSKI) introduced the following bill; which was re-
ferred to the Committee on Ways and Means 
A BILL 
To authorize appropriate action if negotiations with Japan 
to allow the resumption of United States beef exports 
are not successful, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
Congress makes the following findings: 
(1) The United States cattle industry produces 
abundant, safe, and healthful food for consumers in 
the United States and around the world.
(2) Japan has prohibited imports of beef from 
the United States since December, 2003, when a 
single case of Bovine Spongiform Encephalopathy 
(BSE, or ‘‘mad cow disease’’) was found in a Cana-
dian-born animal in Washington State. 
(3) The United States has implemented and 
maintained a BSE surveillance and safeguard pro-
gram that exceeds the internationally recognized 
standards of the World Organization for Animal 
Health (OIE) for BSE control, eradication, and test-
ing to protect human and animal health. 
(4) The United States and the Government of 
Japan concluded an understanding on October 23, 
2004, that established a process that was supposed 
to lead to a resumption of United States beef ex-
ports to Japan. 
(5) Notwithstanding Japan’s commitment in 
this agreement, Japan’s membership in the OIE, 
and Japan’s commitment under the Agreement on 
the Application of Sanitary and Phytosanitary Meas-
ures of the World Trade Organization to apply sani-
tary and phytosanitary measures only to the extent 
necessary to protect human, animal, and plant 
health, based on scientific principles, Japan con-
tinues to maintain an unjustified ban on imports of 
United States beef. 
(6) Japan’s continued violation of the spirit and 
letter of its World Trade Organization commitments 
has resulted in the cumulative economic loss to the 
United States beef industry of approximately 
$6,300,000,000 and current annual economic trade 
losses of $3,140,000,000 per year. 
(7) United States officials and officials of the 
Government of Japan have recently indicated that 
Japan could complete the regulatory process to allow 
a resumption of United States beef exports to Japan 
by the end of 2005. 
SEC. 2. NEGOTIATIONS AND CERTIFICATION REGARDING 
UNITED STATES BEEF EXPORTS TO JAPAN. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the United States Trade Representative shall, 
not later than December 15, 2005, submit to the Congress 
a certification described in subsection (b). 
(b) CERTIFICATION.—The certification described in 
this subsection means a certification by the United States 
Trade Representative to the Congress that Japan is no 
longer prohibiting the importation of beef from the United 
States. 
(c) ADDITIONAL TARIFFS.—
(1) IN GENERAL.—If the certification described 
in subsection (b) is not made, the Secretary of the 
Treasury shall, not later than December 31, 2005, 
impose additional tariffs on selected articles that are 
the growth, product, or manufacture of Japan and 
that enter the customs territory of the United 
States, in addition to any other duty that would oth-
erwise apply to such article. Such additional tariffs 
shall be applied to such articles in an amount suffi-
cient, in the aggregate, to result in additional tariffs 
being imposed on imports of articles from Japan in 
an amount equal to $3,140,000,000 annually. 
(2) DURATION.—The additional tariffs imposed 
by this section shall terminate on the date that a 
certification described in subsection (b) is submitted 
to the Congress. 
(d) NEGOTIATIONS.—Beginning on the date of enact-
ment of this Act, the Secretary of Agriculture, in consulta-
tion with the United States Trade Representative, shall 
begin negotiations with Japan to ensure that Japan 
adopts a process that leads to the elimination of its prohi-
bition on imports of beef from the United States. 
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