Trade 
Agreement 
Authorities 
Act 
of
2000’’;
(B) in subsection (b), by striking ‘‘section
1102(a)(3)(A)’’ 
and 
inserting 
‘‘section
303(a)(3)(A) of the Reciprocal Trade Agree-
ment Authorities Act of 2000’’ before the end
period; and
(C) in subsection (c), by striking ‘‘section
1102 of the Omnibus Trade and Competitive-
ness Act of 1988,’’ and inserting ‘‘section 303
of the Reciprocal Trade Agreement Authorities
Act of 2000,’’.
(3) HEARINGS
AND
ADVICE.—Sections 132,
133(a), and 134(a) (19 U.S.C. 2152, 2153(a), and
2154(a)) are each amended by striking ‘‘section
1102 of the Omnibus Trade and Competitiveness
Act of 1988,’’ each place it appears and inserting
‘‘section 303 of the Reciprocal Trade Agreement Au-
thorities Act of 2000,’’.
(4) PREREQUISITES
FOR
OFFERS.—Section
134(b) (19 U.S.C. 2154(b)) is amended by striking
‘‘section 1102 of the Omnibus Trade and Competi-
tiveness Act of 1988’’ and inserting ‘‘section 303 of
the Reciprocal Trade Agreement Authorities Act of
2000’’.
(5) ADVICE FROM PRIVATE AND PUBLIC SEC-
TORS.—Section 135 (19 U.S.C. 2155) is amended—
(A) in subsection (a)(1)(A), by striking
‘‘section 1102 of the Omnibus Trade and Com-
petitiveness Act of 1988’’ and inserting ‘‘section
303 of the Reciprocal Trade Agreement Au-
thorities Act of 2000’’;
(B) in subsection (e)(1)—
(i) by striking ‘‘section 1102 of the
Omnibus Trade and Competitiveness Act
of 1988’’ each place it appears and insert-
ing ‘‘section 303 of the Reciprocal Trade
Agreement Authorities Act of 2000’’; and
(ii) by striking ‘‘section 1103(a)(1)(A)
of such Act of 1988’’ and inserting ‘‘sec-
tion 305(a)(1)(A) of the Reciprocal Trade
Agreement Authorities Act of 2000’’; and
(C) in subsection (e)(2), by striking ‘‘sec-
tion 1101 of the Omnibus Trade and Competi-
tiveness Act of 1988’’ and inserting ‘‘section
302 of the Reciprocal Trade Agreement Au-
thorities Act of 2000’’.
(6) TRANSMISSION OF AGREEMENTS TO CON-
GRESS.—Section 162(a) (19 U.S.C. 2212(a)) is
amended by striking ‘‘or under section 1102 of the
Omnibus Trade and Competitiveness Act of 1988’’
and inserting ‘‘or under section 303 of the Recip-
rocal Trade Agreement Authorities Act of 2000’’.
(b) APPLICATION
OF CERTAIN PROVISIONS.—For
purposes of applying sections 125, 126, and 127 of the
Trade Act of 1974 (19 U.S.C. 2135, 2136(a), and
2137)—
(1) any trade agreement entered into under sec-
tion 303 shall be treated as an agreement entered
into under section 101 or 102, as appropriate, of the
Trade Act of 1974 (19 U.S.C. 2111 or 2112); and
(2) any proclamation or Executive order issued
pursuant to a trade agreement entered into under
section 303 shall be treated as a proclamation or
Executive order issued pursuant to a trade agree-
ment entered into under section 102 of the Trade
Act of 1974.
SEC. 308. DEFINITIONS.
In this title:
(1) 
UNITED
STATES
PERSON.—The 
term
‘‘United States person’’ means—
(A) a United States citizen;
(B) a partnership, corporation, or other
legal entity organized under the laws of the
United States; and
(C) a partnership, corporation, or other
legal entity that is organized under the laws of
a foreign country and is controlled by entities
described in subparagraph (B) or United States
citizens, or both.
(2) URUGUAY ROUND AGREEMENTS.—The term
‘‘Uruguay Round Agreements’’ has the meaning
given that term in section 2(7) of the Uruguay
Round Agreements Act (19 U.S.C. 3501(7)).
(3) WORLD TRADE ORGANIZATION.—The term
‘‘World Trade Organization’’ means the organization
established pursuant to the WTO Agreement.
(4) WTO 
AGREEMENT.—The term ‘‘WTO
Agreement’’ means the Agreement Establishing the
World Trade Organization entered into on April 15,
1994.
TITLE IV—AGRICULTURAL
TRADE FREEDOM
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Agricultural Trade
Freedom Act’’.
SEC. 402. DEFINITIONS.
In this title, the terms ‘‘agricultural commodity’’ and
‘‘United States agricultural commodity’’ have the mean-
ings given the terms in section 102 of the Agricultural
Trade Act of 1978 (7 U.S.C. 5602).
SEC. 403. AGRICULTURAL COMMODITIES, LIVESTOCK, AND
PRODUCTS EXEMPT FROM UNILATERAL AG-
RICULTURAL SANCTIONS.
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:
‘‘SEC. 418. AGRICULTURAL COMMODITIES, LIVESTOCK, AND
PRODUCTS EXEMPT FROM UNILATERAL AG-
RICULTURAL SANCTIONS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CURRENT SANCTION.—The term ‘current
sanction’ means a unilateral agricultural sanction
that is in effect on the date of enactment of the Ag-
ricultural Trade Freedom Act.
‘‘(2) NEW SANCTION.—The term ‘new sanction’
means a unilateral agricultural sanction that be-
comes effective after the date of enactment of that
Act.
‘‘(3) UNILATERAL AGRICULTURAL SANCTION.—
The term ‘unilateral agricultural sanction’ means
any prohibition, restriction, or condition that is im-
posed on the export of an agricultural commodity to
a foreign country or foreign entity and that is im-
posed by the United States for reasons of the na-
tional interest, except in a case in which the United
States imposes the measure pursuant to a multilat-
eral regime and the other members of that regime
have agreed to impose substantially equivalent meas-
ures.
‘‘(b) EXEMPTION.—
‘‘(1) IN GENERAL.—Subject to paragraphs (2)
and (3) and notwithstanding any other provision of
law, agricultural commodities made available as a re-
sult of commercial sales shall be exempt from a uni-
lateral agricultural sanction imposed by the United
States on another country.
‘‘(2) EXCLUSIONS.—Paragraph (1) shall not
apply to agricultural commodities made available as
a result of programs carried out under—
‘‘(A) the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1691 et
seq.);
‘‘(B) section 416 of the Agricultural Act of
1949 (7 U.S.C. 1431);
‘‘(C) the Food for Progress Act of 1985 (7
U.S.C. 1736o);
‘‘(D) the Agricultural Trade Act of 1978
(7 U.S.C. 5601 et seq.); or
‘‘(E) section 153 of the Food Security Act
of 1985 (15 U.S.C. 713a–14).
‘‘(3) DETERMINATION
BY
PRESIDENT.—The
President may include agricultural commodities
made available as a result of the activities described
in paragraph (1) in the unilateral agricultural sanc-
tion imposed on a foreign country or foreign entity
if—
‘‘(A) a declaration of war by Congress is in
effect with respect to the foreign country or for-
eign entity; or
‘‘(B)(i) the President determines that in-
clusion of the agricultural commodities is in the
national interest;
‘‘(ii) the President submits the report re-
quired under subsection (d); and
‘‘(iii) Congress has not approved a joint
resolution stating the disapproval of Congress
of the report submitted under subsection (d).
‘‘(4) EFFECT
ON
AGRICULTURAL
TRADE.—
Nothing in this subsection requires the imposition of
a unilateral agricultural sanction with respect to an
agricultural commodity, whether exported in connec-
tion with a commercial sale or a program described
in paragraph (2).
‘‘(c) CURRENT SANCTIONS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
the exemption under subsection (b)(1) shall apply to
a current sanction.
‘‘(2) PRESIDENTIAL REVIEW.—Not later than
90 days after the date of enactment of the Agricul-
tural Trade Freedom Act, the President shall review
each current sanction to determine whether the ex-
emption under subsection (b)(1) should apply to the
current sanction.
‘‘(3) APPLICATION.—The exemption under sub-
section (b)(1) shall apply to a current sanction be-
ginning 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 the national interest.
‘‘(d) REPORT.—
‘‘(1) IN GENERAL.—If the President determines
under subsection (b)(3)(B)(i) or (c)(3) that the ex-
emption should not apply to a unilateral agricultural
sanction, the President shall submit a report to Con-
gress not later than 15 days after the date of the
determination.
‘‘(2) CONTENTS OF REPORT.—The report shall
contain—
‘‘(A) an explanation of—
‘‘(i) the economic activity that is pro-
posed to be prohibited, restricted, or condi-
tioned by the unilateral agricultural sanc-
tion; and
‘‘(ii) the national interest for which
the exemption should not apply to the uni-
lateral agricultural sanction; and
‘‘(B) an assessment by the Secretary—
‘‘(i) regarding export sales—
‘‘(I) in the case of a current
sanction, whether markets in the
sanctioned 
country 
or 
countries
present a substantial trade oppor-
tunity for export sales of a United
States agricultural commodity; or
‘‘(II) in the case of a new sanc-
tion, the extent to which any country
or countries to be sanctioned or likely
to be sanctioned are markets that ac-
counted for, during the preceding cal-
endar year, more than 3 percent of
export sales of a United States agri-
cultural commodity;
‘‘(ii) regarding the effect on United
States agricultural commodities—
‘‘(I) in the case of a current
sanction, the potential for export sales
of United States agricultural commod-
ities in the sanctioned country or
countries; and
‘‘(II) in the case of a new sanc-
tion, the likelihood that exports of
United States agricultural commod-
ities will be affected by the new sanc-
tion or by retaliation by any country
to be sanctioned or likely to be sanc-
tioned, including a description of spe-
cific United States agricultural com-
modities that are most likely to be af-
fected;
‘‘(iii) regarding the income of agricul-
tural producers—
‘‘(I) in the case of a current
sanction, the potential for increasing
the income of producers of the United
States agricultural commodities in-
volved; and
‘‘(II) in the case of a new sanc-
tion, the likely effect on incomes of
producers of the agricultural commod-
ities involved;
‘‘(iv) 
regarding 
displacement 
of
United States suppliers—
‘‘(I) in the case of a current
sanction, the potential for increased
competition for United States sup-
pliers of the agricultural commodity in
countries that are not subject to the
current sanction because of uncer-
tainty about the reliability of the
United States suppliers; and
‘‘(II) in the case of a new sanc-
tion, the extent to which the new
sanction would permit foreign sup-
pliers to replace United States sup-
pliers; and
‘‘(v) regarding the reputation of
United States agricultural producers as re-
liable suppliers—
100
lllllll.’, with the blank completed with
the appropriate date.
‘‘(2) REFERRAL OF REPORT.—The report de-
scribed in subsection (d) shall be referred to the ap-
propriate committee or committees of the House of
Representatives and to the appropriate committee or
committees of the Senate.
‘‘(3) 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 resolu-
tion referred to in subparagraph (A) may not
be reported before the eighth session day of
Congress after the introduction of the joint res-
olution.
‘‘(4) DISCHARGE OF COMMITTEE.—If the com-
mittee 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 resolu-
tion; and
101
‘‘(B) the joint resolution shall be placed on
the appropriate calendar of the House con-
cerned.
‘‘(5) FLOOR CONSIDERATION.—
‘‘(A) MOTION TO PROCEED.—
‘‘(i) IN
GENERAL.—When the com-
mittee to which a joint resolution is re-
ferred has reported, or when a committee
is discharged under paragraph (4) from
further 
consideration 
of, 
a 
joint
resolution—
‘‘(I) it shall be at any time there-
after 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 reso-
lution; and
‘‘(II) all points of order against
the joint resolution (and against con-
sideration of the joint resolution) are
waived.
‘‘(ii) PRIVILEGE.—The motion to pro-
ceed to the consideration of the joint
resolution—
102
‘‘(I) shall be highly privileged in
the House of Representatives and
privileged in the Senate; and
‘‘(II) shall not be 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 dis-
agreed 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 dis-
posed of.
‘‘(B) LIMITATIONS ON DEBATE.—
‘‘(i) IN
GENERAL.—Debate on the
joint resolution, and on all debatable mo-
103
tions 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
LIMITA-
TIONS.—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 mo-
tion to postpone, a motion to proceed to
the consideration of other business, a mo-
tion 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.—Imme-
diately following the conclusion of the debate on
a joint resolution, and a single quorum call at
the conclusion of the debate if requested in ac-
cordance with the rules of the House concerned,
the vote on final passage of the joint resolution
shall occur.
‘‘(D) RULINGS OF THE CHAIR ON PROCE-
DURE.—An appeal from a decision of the Chair
104
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 res-
olution shall be decided without debate.
‘‘(6) 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 fol-
lowing 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
105
joint resolution originated in the receiving
House.
‘‘(7) PROCEDURES
AFTER
ACTION
BY
BOTH
THE HOUSE AND SENATE.—If a House receives a
joint resolution from the other House after the re-
ceiving 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 res-
olution 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.
‘‘(8) RULEMAKING POWER.—This subsection is
enacted by Congress—
‘‘(A) as an exercise of the rulemaking
power of the Senate and House of Representa-
tives, 
respectively, 
and 
as 
such 
this
subsection—
‘‘(i) is deemed to be a part of the
rules of each House, respectively, but ap-
plicable 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 subsection is incon-
sistent with those rules; and
106
‘‘(B) with full recognition of the constitu-
tional 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.’’.
SEC. 404. SALE OR BARTER OF FOOD ASSISTANCE.
It is the sense of Congress that the amendments to
section 203 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1723) made by section
208 of the Federal Agriculture Improvement and Reform
Act of 1996 (Public Law 104–127; 110 Stat. 954) were
intended to allow the sale or barter of United States agri-
cultural commodities in connection with United States
food assistance only within the recipient country or coun-
tries adjacent to the recipient country, unless—
(1) the sale or barter within the recipient coun-
try or adjacent countries is not practicable; and
(2) the sale or barter within countries other
than the recipient country or adjacent countries will
not disrupt commercial markets for the agricultural
commodity involved.
Æ