I
104TH CONGRESS
1ST SESSION
H. R. 2557
To amend the Agricultural Trade Act of 1978 to provide greater assurances
for contract sanctity.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 30, 1995
Mr. EWING (for himself and Mr. PETERSON of Minnesota) introduced the fol-
lowing bill; which was referred to the Committee on Agriculture, and in
addition to the Committee on Rules, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To amend the Agricultural Trade Act of 1978 to provide
greater assurances for contract sanctity.
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 ‘‘Agricultural Contract
Sanctity Act of 1995’’.
SEC. 2. CONTRACT SANCTITY.
(a) IN GENERAL.—Section 602 of the Agricultural
Trade Act of 1978 (7 U.S.C. 5712) is amended to read
as follows:
‘‘SEC. 602. CONTRACT SANCTITY.
‘‘(a) 
CONTRACT
SANCTITY
FOR
EMBARGOES
TARGETING AGRICULTURAL COMMODITIES.—
‘‘(1) GENERALLY.—Notwithstanding any other
provision of law and except as provided in subsection
(b), the President shall not take any action to pro-
hibit or curtail the export of articles that—
‘‘(A) is substantially limited to agricultural
commodities; and
‘‘(B) applies to agricultural commodities
under an export sales contract;
without approval by a majority vote of the Senate
and of the House of Representatives. Further, fol-
lowing such majority approval by the Senate and the
House of Representatives, the President shall not
put into effect the prohibition or curtailment until
180 days after the President transmits to Congress
notice of the proposed prohibition or curtailment.
‘‘(2) FAST TRACK FOR CERTAIN BILLS.—
‘‘(A) REFERRAL OF BILLS.—Any bill intro-
duced in the House of Representatives or the
Senate to disapprove or modify a proposed ex-
port prohibition or curtailment described in
paragraph (1) shall be referred to the Commit-
tee on Agriculture of the House of Representa-
tives or Senate, as the case may be.
‘‘(B) FAST TRACK FOR CERTAIN BILLS.—
The procedures set forth in section 151 of the
Trade Act of 1974 (19 U.S.C. 2191) that apply
with respect to certain implementing bills (as
defined in such section) shall also apply with re-
spect to any bill described in subparagraph (A)
that is introduced by the Speaker of the House
(or his designee) in the House of Representa-
tives or by the Senate Majority Leader (or his
designee) in the Senate, during the 180 day pe-
riod specified in paragraph (1).
‘‘(b) CONTRACT SANCTITY FOR GENERAL EMBAR-
GOES.—Notwithstanding any other provision of law, the
President shall not prohibit or curtail (under a prohibition
or curtailment other than one described in subsection (a))
the export of any agricultural commodity under an export
sales contract—
‘‘(1) that is entered into before the President
announces an action that would otherwise prohibit
or curtail the export of the commodity; and
‘‘(2) the terms of which require delivery of the
commodity within 270 days after the date of the
suspension of trade is imposed.
‘‘(c) EXCEPTION.—A prohibition or curtailment may
take effect before the end of the period specified in sub-
section (a) or (b) and continue in effect during any period
in which the United States is in a state of war declared
by Congress or national emergency, requiring such action,
declared by the President.
‘‘(d) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘agricultural commodity’ includes
plant nutrient fertilizer materials and any raw mate-
rials used to produce plant nutrient fertilizer mate-
rials, as classified in the Harmonized Trade Sched-
ule of the United States (19 U.S.C. 1202, 19 U.S.C.
3001 et seq.); and
‘‘(2) the term ‘under an export sales contract’
means under an export sales contract—
‘‘(A) entered into before the President has
transmitted to Congress notice of the proposed
prohibition or curtailment; and
‘‘(B) the terms of which require delivery of
the commodity within 270 days after the date
on which the President makes such trans-
mission.’’.
(b) CONFORMING AMENDMENT.—The heading for
title VI of the Agricultural Trade Act of 1979 is amended
by striking
‘‘REPORTS’’
and inserting