I 
109TH CONGRESS 
2D SESSION 
H. R. 5675 
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 
JUNE 22, 2006 
Mr. REHBERG introduced the following bill; which was referred 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 finds that— 
(1) the United States cattle industry produces 
abundant, safe, and healthful food for consumers in 
the United States and around the world; 
(2) Japan prohibited imports of beef from the 
United States during the period beginning December 
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2003 and ending December 2005, after a single case 
of Bovine Spongiform Encephalopathy (BSE, or 
‘‘mad cow disease’’) was found in a Canadian-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 agreement on December 12, 
2005, that established the conditions under which 
beef exports to Japan could resume; 
(5) as a result of errors by a single United 
States exporter certified to sell beef to Japan and 
inadequate oversight by the Department of Agri-
culture, a single shipment of United States beef was 
found to be noncompliant with the terms of the 
agreement resulting in a suspension of all United 
States beef exports to Japan; 
(6) the United States has taken substantive 
corrective actions to ensure that United States beef 
exports to Japan are in full compliance with the 
terms of the agreement, fully disclosed the actions 
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taken to the Government of Japan, and allowed Jap-
anese officials the opportunity to review those ac-
tions and personally inspect and determine the eligi-
bility of all United States beef processing plants cer-
tified for the export of beef to Japan; 
(7) notwithstanding the membership of Japan 
in the OIE and the commitment of Japan under the 
Agreement on the Application of Sanitary and 
Phytosanitary Measures of the World Trade Organi-
zation to apply sanitary and phytosanitary measures 
only to the extent necessary to protect human, ani-
mal, and plant health, based on scientific principles, 
Japan continues to maintain an unjustified suspen-
sion of imports of United States beef; and 
(8) the continued violation by Japan of the 
spirit and letter of the World Trade Organization 
commitments of Japan has resulted in the cumu-
lative economic loss to the United States beef indus-
try of approximately $6,300,000,000 and current 
annual economic trade losses of $3,140,000,000 per 
year. 
SEC. 2. NEGOTIATIONS AND CERTIFICATION REGARDING 
UNITED STATES BEEF EXPORTS TO JAPAN. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, not later than August 31, 2006, the United 
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States Trade Representative shall submit to 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 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 September 30, 2006, 
impose additional tariffs on selected articles that are 
grown by, the products of, or manufactured by 
Japan and that enter the customs territory of the 
United States, in addition to any other duty that 
would otherwise apply to the articles. 
(2) AMOUNT.—The additional tariffs shall be 
applied to the articles in an amount sufficient, in the 
aggregate, to result in additional tariffs being im-
posed on imports of articles from Japan in an 
amount equal to $3,140,000,000 annually. 
(3) DURATION.—The additional tariffs imposed 
by this section shall terminate on the date that a 
certification described in subsection (b) is submitted 
to Congress. 
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(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 
expedite negotiations with Japan to ensure that Japan 
adopts a process that leads to the elimination of the prohi-
bition by Japan on imports of beef from the United States. 
Æ 
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