[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 16 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 16

   To ensure the continued viability of livestock producers and the 
livestock industry in the United States, to assure foreign countries do 
not deny market access to United States meat and meat products, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

  Mr. Daschle (for himself, Mr. Harkin, Mr. Johnson, Mr. Dorgan, Mr. 
 Conrad, Mr. Kerrey, Mr. Baucus, Mr. Bingaman, Mr. Kohl, Mr. Feingold, 
Mr. Leahy, and Mr. Wellstone) introduced the following bill; which was 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
   To ensure the continued viability of livestock producers and the 
livestock industry in the United States, to assure foreign countries do 
not deny market access to United States meat and meat products, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Cattle Industry 
Improvement Act of 1997''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                  TITLE I--CATTLE INDUSTRY IMPROVEMENT

Sec. 101. Prohibition on noncompetitive practices.
Sec. 102. Domestic Market Reporting.
Sec. 103. Import reporting.
Sec. 104. Protection of livestock producers against retaliation by 
                            packers.
Sec. 105. Review of Federal agriculture credit policies.
Sec. 106. Streamlining and consolidating the United States food 
                            inspection system.
Sec. 107. Labeling system for meat and meat food products produced in 
                            the United States.
Sec. 108. Sense of Senate on interstate shipment of State-inspected 
                            meat, poultry, and eggs.
Sec. 109. Exchange of cattle production data with Canada.
        TITLE II--MARKET ACCESS FOR UNITED STATES MEAT PRODUCTS

Sec. 201. Short title.
                Subtitle A--Identification of Countries

Sec. 211. Findings; purposes.
Sec. 212. Identification of countries that deny market access.
Sec. 213. Investigations.
Sec. 214. Authorized actions by United States Trade Representative.
           Subtitle B--Review of Third Country Meat Directive

Sec. 221. Findings.
Sec. 223. Definitions.
Sec. 224. Requirement for determination by United States Trade 
                            Representative.
Sec. 225. Request for dispute settlement.
Sec. 226. Review of certain meat facilities.

                  TITLE I--CATTLE INDUSTRY IMPROVEMENT

SEC. 101. PROHIBITION ON NONCOMPETITIVE PRACTICES.

    Section 202 of the Packers and Stockyards Act, 1921 (7 U.S.C. 192), 
is amended--
            (1) in subsection (g), by striking the period at the end 
        and inserting ``; or''; and
            (2) by adding at the end the following:
    ``(h) Engage in any practice or device that the Secretary by 
regulation, after consultation with producers of cattle, lamb, and 
hogs, and other persons in the cattle, lamb, and hog industries, 
determines is a detrimental noncompetitive practice or device relating 
to the price or a term of sale for the procurement of livestock or the 
sale of meat or other byproduct of slaughter.''.

SEC. 102. DOMESTIC MARKET REPORTING.

    (a) Persons in Slaughter Business.--Section 203(g) of the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1622(g)) is amended--
            (1) by striking ``(g) To'' and inserting the following:
    ``(g) Collection and Dissemination of Marketing Information.--
            ``(1) In general.--To''; and
            (2) by adding at the end the following:
            ``(2) Domestic market reporting.--
                    ``(A) Mandatory reporting.--Each person engaged in 
                the business of slaughtering a quantity of livestock 
                determined by the Secretary shall report to the 
                Secretary in such manner as the Secretary shall 
                require, as soon as practicable but not later than 24 
                hours after a transaction takes place, such information 
                relating to prices and the terms of sale for the 
                procurement of livestock and the sale of meat food 
                products and livestock products as the Secretary 
                determines is necessary to carry out this subsection.
                    ``(B) Noncompliance.--Whoever knowingly fails or 
                refuses to provide to the Secretary information 
                required to be reported by subparagraph (A) shall be 
                fined under title 18, United States Code, or imprisoned 
                for not more than 5 years, or both.
                    ``(C) Voluntary reporting.--The Secretary shall 
                encourage voluntary reporting by any person engaged in 
                the business of slaughtering livestock who is not 
                subject to subparagraph (A).
                    ``(D) Availability of information.--The Secretary 
                shall make information received under this subsection 
                available to the public only in the aggregate and shall 
                ensure the confidentiality of persons providing the 
                information.
                    ``(E) Termination of authority.--The authority 
                provided by this paragraph shall terminate on the date 
                that is 1 year after the date of enactment of this 
                paragraph, except that the Secretary may extend the 
                authority beyond that date if the Secretary determines 
the extension is necessary or appropriate.''.
    (b) Elimination of Outmoded Reports.--The Secretary of Agriculture, 
after consultation with producers and other affected parties, shall 
periodically--
            (1) eliminate obsolete reports; and
            (2) streamline the collection and reporting of data related 
        to livestock and meat and livestock products, using modern data 
        communications technology, to provide information to the public 
        on as close to a real-time basis as practicable.
    (c) Definition of ``Captive Supply''.--For the purpose of 
regulations issued by the Secretary of Agriculture relating to 
reporting under the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 
et seq.) and the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et 
seq.), the term ``captive supply'' means livestock obligated to a 
packer in any form of transaction in which more than 7 days elapses 
from the date of obligation to the date of delivery of the livestock.

SEC. 103. IMPORT REPORTING.

    (a) In General.--The Secretary of Agriculture and the Secretary of 
Commerce shall, using modern data communications technology to provide 
the information to the public on as close to a real-time basis as 
practicable, jointly make available to the public aggregate price and 
quantity information on imported meat food products, livestock 
products, and livestock (as the terms are defined in section 2 of the 
Packers and Stockyards Act, 1921 (7 U.S.C. 182)).
    (b) First Report.--The Secretaries shall release to the public the 
first report under subsection (a) not later than 60 days after the date 
of enactment of this Act.

SEC. 104. PROTECTION OF LIVESTOCK PRODUCERS AGAINST RETALIATION BY 
              PACKERS.

    (a) Retaliation Prohibited.--Section 202(b) of the Packers and 
Stockyards Act, 1921 (7 U.S.C. 192(b)), is amended--
            (1) by striking ``or subject'' and inserting ``subject''; 
        and
            (2) by inserting before the semicolon at the end the 
        following: ``, or retaliate against any livestock producer on 
        account of any statement made by the producer (whether made to 
        the Secretary or a law enforcement agency or in a public forum) 
        regarding an action of any packer''.
    (b) Special Requirements Regarding Allegations of Retaliation.--
Section 203 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193), is 
amended by adding at the end the following:
    ``(e) Special Procedures Regarding Allegations of Retaliation.--
            ``(1) Consideration by special panel.--The President shall 
        appoint a special panel consisting of 3 members to receive and 
        initially consider a complaint submitted by any person that 
        alleges prohibited packer retaliation under section 202(b) 
        directed against a livestock producer.
            ``(2) Complaint; hearing.--If the panel has reason to 
        believe from the complaint or resulting investigation that a 
        packer has violated or is violating the retaliation prohibition 
        under section 202(b), the panel shall notify the Secretary who 
        shall cause a complaint to be issued against the packer, and a 
        hearing conducted, under subsection (a).
            ``(3) Evidentiary standard.--In the case of a complaint 
        regarding retaliation prohibited under section 202(b), the 
        Secretary shall find that the packer involved has violated or 
        is violating section 202(b) if the finding is supported by a 
        preponderance of the evidence.''.
    (c) Damages for Producers Suffering Retaliation.--Section 203 of 
the Packers and Stockyards Act, 1921 (7 U.S.C. 193) (as amended by 
subsection (b)), is amended by adding at the end the following:
    ``(f) Damages for Producers Suffering Retaliation.--
            ``(1) In general.--If a packer violates the retaliation 
        prohibition under section 202(b), the packer shall be liable to 
        the livestock producer injured by the retaliation for not more 
        than 3 times the amount of damages sustained as a result of the 
        violation.
            ``(2) Enforcement.--The liability may be enforced either by 
        complaint to the Secretary, as provided in subsection (e), or 
        by suit in any court of competent jurisdiction.
            ``(3) Other remedies.--This subsection shall not abridge or 
        alter a remedy existing at common law or by statute. The remedy 
        provided by this subsection shall be in addition to any other 
        remedy.''.

SEC. 105. REVIEW OF FEDERAL AGRICULTURE CREDIT POLICIES.

    The Secretary of Agriculture, in consultation with the Secretary of 
the Treasury, the Chairman of the Board of Governors of the Federal 
Reserve System, and the Chairman of the Board of the Farm Credit 
Administration, shall establish an interagency working group to study--
            (1) the extent to which Federal lending practices and 
        policies have contributed, or are contributing, to market 
        concentration in the livestock and dairy sectors of the 
        national economy; and
            (2) whether Federal policies regarding the financial system 
        of the United States adequately take account of the weather and 
        price volatility risks inherent in livestock and dairy 
        enterprises.

SEC. 106. STREAMLINING AND CONSOLIDATING THE UNITED STATES FOOD 
              INSPECTION SYSTEM.

    (a) Preparation.--In consultation with the Secretary of 
Agriculture, the Secretary of Health and Human Services, and all other 
interested parties, the President shall prepare a plan to consolidate 
the United States food inspection system that ensures the best use of 
available resources to improve the consistency, coordination, and 
effectiveness of the United States food inspection system, taking into 
account food safety risks.
    (b) Submission.--Not later than 1 year after the date of enactment 
of this Act, the President shall submit to Congress the plan prepared 
under subsection (a).

SEC. 107. LABELING SYSTEM FOR MEAT AND MEAT FOOD PRODUCTS PRODUCED IN 
              THE UNITED STATES.

    (a) Labeling.--Section 7 of the Federal Meat Inspection Act (21 
U.S.C. 607) is amended by adding at the end the following:
    ``(g) Labeling of Meat of United States Origin.--
            ``(1) In general.--The Secretary shall develop a system for 
        the labeling of carcasses, parts of carcasses, and meat 
        produced in the United States from livestock raised in the 
        United States, and meat food products produced in the United 
        States from the carcasses, parts of carcasses, and meat, to 
        indicate the United States origin of the carcasses, parts of 
        carcasses, meat, and meat food products.
            ``(2) Assistance.--The Secretary shall provide technical 
        and financial assistance to establishments subject to 
        inspection under this title to implement the labeling system.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection.''.

SEC. 108. SENSE OF SENATE ON INTERSTATE SHIPMENT OF STATE-INSPECTED 
              MEAT, POULTRY, AND EGGS.

    It is the sense of the Senate that--
            (1) not later than 90 days after the date of enactment of 
        this Act, the Secretary of Agriculture should convene a public 
        meeting of State inspection officials and all other interested 
        parties to determine whether the interstate shipment of State-
        inspected meat, poultry, and egg products should be permitted; 
        and
            (2) the meeting should be structured to ensure that all 
        parties are given an opportunity to present their views on the 
        subject described in paragraph (1).

SEC. 109. EXCHANGE OF CATTLE PRODUCTION DATA WITH CANADA.

    The Secretary of Agriculture shall seek immediate consultation with 
the Minister of Agriculture of Canada to provide for a regular monthly 
exchange of cattle production data, including cattle on feed, cattle 
slaughtered, and cattle and beef shipped to the United States.

        TITLE II--MARKET ACCESS FOR UNITED STATES MEAT PRODUCTS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Meat Products Market Access Act of 
1997''.

                Subtitle A--Identification of Countries

SEC. 211. FINDINGS; PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) The export of meat and meat products is of vital 
        importance to the economy of the United States.
            (2) In 1995, agriculture was the largest positive 
        contributor to the United States merchandise trade balance with 
        a trade surplus of $25,800,000,000.
            (3) The growth of exports of United States meat and meat 
        products should continue to be an important factor in improving 
        the United States merchandise trade balance.
            (4) Increasing exports of meat and meat products will 
        increase farm income in the United States, thereby protecting 
        family farms and contributing to the economic well-being of 
        rural communities in the United States.
            (5) Although the United States efficiently produces high-
        quality meat and meat products, United States producers cannot 
        realize their full export potential because many foreign 
        countries deny fair and equitable market access to United 
        States agricultural products.
            (6) The Foreign Agricultural Service estimates that United 
        States agricultural exports are reduced by $4,700,000,000 
        annually due to unjustifiable imposition of sanitary and 
        phytosanitary measures that deny or limit market access to 
        United States products.
            (7) The denial of fair and equitable market access for 
        United States meat and meat products impedes the ability of 
        United States farmers to export their products, thereby harming 
        the economic interests of the United States.
    (b) Purposes.--The purposes of this subtitle are--
            (1) to reduce or eliminate foreign unfair trade practices 
        and to remove constraints on fair and open trade in meat and 
        meat products;
            (2) to ensure fair and equitable market access for exports 
        of United States meat and meat products; and
            (3) to promote free and fair trade in meat and meat 
        products.

SEC. 212. IDENTIFICATION OF COUNTRIES THAT DENY MARKET ACCESS.

    (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 DENY MARKET ACCESS FOR 
              MEAT AND MEAT PRODUCTS.

    ``(a) In General.--Not later than the date that is 30 days after 
the date on which the annual report is required to be submitted to 
Congressional committees under section 181(b), the United States Trade 
Representative (hereafter in this section referred to as the `Trade 
Representative') shall identify--
            ``(1) those foreign countries that--
                    ``(A) deny fair and equitable market access to 
                United States meat and meat products, or
                    ``(B) apply standards for the importation of meat 
                and meat products from the United States that are not 
                related to public health concerns or cannot be 
                substantiated by reliable analytical methods; and
            ``(2) those foreign countries identified under paragraph 
        (1) that are determined by the Trade Representative to be 
        priority foreign countries.
    ``(b) Special Rules for Identifications.--
            ``(1) Criteria.--In identifying priority foreign countries 
        under subsection (a)(2), the Trade Representative shall only 
        identify those foreign countries--
                    ``(A) that engage in or have the most onerous or 
                egregious acts, policies, or practices that deny fair 
                and equitable market access to United States meat and 
                meat products,
                    ``(B) whose acts, policies, or practices described 
                in subparagraph (A) have the greatest adverse impact 
                (actual or potential) on the relevant United States 
                products, and
                    ``(C) that are not--
                            ``(i) entering into good faith 
                        negotiations, or
                            ``(ii) making significant progress in 
                        bilateral or multilateral negotiations,
                to provide fair and equitable market access to United 
                States meat and meat products.
            ``(2) Consultation and consideration requirements.--In 
        identifying priority foreign countries under subsection (a)(2), 
        the Trade Representative shall--
                    ``(A) consult with the Secretary of Agriculture 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 interested 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 Representative finds that there is a factual basis 
        for the denial of fair and equitable market access as a result 
        of the violation of international law or agreement, or the 
        existence of barriers, referred to in subsection (d)(3).
            ``(4) Consideration of historical factors.--In identifying 
        foreign countries under paragraphs (1) and (2) of subsection 
        (a), the Trade Representative shall take into account--
                    ``(A) the history of meat and meat products trade 
                relations 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 and equitable market access for United States meat 
                and meat products.
    ``(c) Revocations and Additional Identifications.--
            ``(1) Authority to act at any time.--If information 
        available to the Trade Representative indicates that such 
        action is appropriate, the Trade Representative may at any 
        time--
                    ``(A) revoke the identification of any foreign 
                country as a priority foreign country under this 
                section, or
                    ``(B) identify any foreign country as a priority 
                foreign country under this section.
            ``(2) Revocation reports.--The Trade Representative shall 
        include in the semiannual report submitted to the Congress 
        under section 309(3) a detailed explanation of the reasons for 
        the revocation under paragraph (1) of the identification of any 
        foreign country as a priority foreign country under this 
        section.
    ``(d) Fair and Equitable Market Access.--For purposes of this 
section, a foreign country denies fair and equitable market access if 
the foreign country effectively denies access to a market for a product 
through the use of laws, procedures, practices, or regulations which--
            ``(1) violate provisions of international law or 
        international agreements to which both the United States and 
        the foreign country are parties, or
            ``(2) constitute discriminatory nontariff trade barriers.
    ``(e) Publication.--The Trade Representative shall publish in the 
Federal Register a list of foreign countries identified under 
subsection (a) and shall make such revisions to the list as may be 
required by reason of the action under subsection (c).
    ``(f) Annual Report.--The Trade Representative shall, not later 
than the date by which countries are identified 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 Forestry 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 meat and meat products.''.
    (b) 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 deny market access for 
                            meat and meat products.''.

SEC. 213. INVESTIGATIONS.

    (a) Investigation Required.--Subparagraph (A) of section 302(b)(2) 
of the Trade Act of 1974 (19 U.S.C. 2412(b)(2)) is amended by inserting 
``or 183(a)(2)'' after ``section 182(a)(2)'' in the matter preceding 
clause (i).
    (b) Conforming Amendment.--Subparagraph (D) of section 302(b)(2) of 
such Act is amended by inserting ``concerning intellectual property 
rights that is'' after ``any investigation''.

SEC. 214. AUTHORIZED ACTIONS BY UNITED STATES TRADE REPRESENTATIVE.

    Section 301(c)(1) of the Trade Act of 1974 (19 U.S.C. 2411(c)(1)) 
is amended--
            (1) by striking ``or'' at the end of subparagraph (C);
            (2) by striking the period at the end of subparagraph 
        (D)(iii)(II) and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(E) with respect to an investigation of a country 
                identified under section 183(a)(1), to request that the 
                Secretary of Agriculture (who, upon receipt of such a 
                request, shall) direct the Food Safety and Inspection 
                Service of the Department of Agriculture to review 
                certifications for the facilities of such country that 
                export meat and other agricultural products to the 
                United States.''.

           Subtitle B--Review of Third Country Meat Directive

SEC. 221. FINDINGS.

    Congress makes the following findings:
            (1) The European Union's Third Country Meat Directive has 
        been used to decertify more than 400 United States facilities 
        exporting beef and pork products to the European Union even 
        though United States health inspection procedures are 
        equivalent to those provided for in the Third Country Meat 
        Directive.
            (2) An effect of the decertifications is to prohibit the 
        importation of United States beef and pork products into the 
        European Union.
            (3) As a result of the decertifications, the highly 
        competitive United States pork industry loses as much as 
        $60,000,000 each year from trade with European Union countries.
            (4) In July 1987 and November 1990, at the request of 
        affected United States industries, the United States initiated 
        investigations under section 301 of the Trade Act of 1974 into 
        the European Union's administration of the Third Country 
Meat Directive and sought resolution of the meat and pork trade 
problems through the dispute settlement process established under the 
General Agreement on Tariffs and Trade.
            (5) The United States Trade Representative preliminarily 
        concluded on October 10, 1992, that the European Union's 
        administration of the Third Country Meat Directive created a 
        burden on and restricted United States commerce.
            (6) Bilateral talks, initiated as a result of that finding, 
        resulted in an Exchange of Letters in which the United States 
        and the European Union concluded that the meat inspection 
        systems of the United States and the European Union provided 
        ``equivalent safeguards against public health risks'' and 
        agreed to take steps to resolve remaining differences regarding 
        meat inspection.
            (7) Even though the United States terminated the section 
        301 investigation as a result of the Exchange of Letters, the 
        United States determined that the practices under investigation 
        would have been actionable if an acceptable agreement had not 
        been reached.
            (8) United States meat and pork producers have displayed 
        consistent interest in exporting products to the European Union 
        and have undertaken substantial investment to take the steps 
        specified by the Exchange of Letters.
            (9) The European Union has failed to acknowledge changes in 
        plant safety and inspection procedures undertaken in the United 
        States specifically at the European Union's request and has not 
        fulfilled its obligation to inspect and relist United States 
        producers who have taken the steps specified by the Exchange of 
        Letters.
            (10) The actions of the European Union in conducting United 
        States plant inspections places the European Union in violation 
        of commitments made in the Exchange of Letters.
            (11) The European Union, in addition to being a party to 
        the Exchange of Letters, is a signatory to GATT 1994 and to the 
        Agreement on the Application of Sanitary and Phytosanitary 
        Measures, which requires that meat and pork inspection 
        procedures under Department of Agriculture regulations be 
        treated as equivalent to inspection procedures required by the 
        European Union under the Third Country Meat Directive.
            (12) Whenever a foreign country is not satisfactorily 
        implementing an international trade measure or agreement, the 
        United States Trade Representative is required under section 
        306(b)(1) of the Trade Act of 1974 (19 U.S.C. 2416(b)(1)) to 
        determine the actions to be taken under section 301(a) of such 
        Act.

SEC. 223. DEFINITIONS.

    For purposes of this subtitle:
            (1) Exchange of letters.--The term ``Exchange of Letters'' 
        means the exchange of letters concerning the application of the 
        Community Third Country Directive, signed in May 1991 and 
        November 1992, which constitute the agreement between the 
        United States and the European Economic Community regarding the 
        Third Country Meat Directive.
            (2) GATT 1994.--The term ``GATT 1994'' means the General 
        Agreement on Tariffs and Trade annexed to the WTO Agreement.
            (3) Third country meat directive; Community third country 
        directive.--The terms ``Third Country Meat Directive'' and 
        ``Community Third Country Directive'' mean the European Union's 
        Council Directive 72/462/EEC relating to inspection and 
        certification of slaughter and processing plants that export 
        meat and pork products to the European Union.
            (4) WTO agreement.--The term ``WTO Agreement'' means the 
        Agreement establishing the World Trade Organization entered 
        into on April 15, 1994.

SEC. 224. REQUIREMENT FOR DETERMINATION BY UNITED STATES TRADE 
              REPRESENTATIVE.

    Not later than 30 days after the date of enactment of this Act, the 
United States Trade Representative shall determine, for purposes of 
section 306(b)(1) of the Trade Act of 1974, whether the European Union 
has failed to implement satisfactorily its obligations under the 
Exchange of Letters, the Agreement on the Application of Sanitary and 
Phytosanitary Measures, or any other Agreement.

SEC. 225. REQUEST FOR DISPUTE SETTLEMENT.

    If the United States Trade Representative determines under section 
224 that the European Union has failed to implement satisfactorily its 
obligations under the Exchange of Letters, the Agreement on the 
Application of Sanitary and Phytosanitary Measures, or any other 
agreement, the United States Trade Representative shall promptly 
request proceedings on the matter under the formal dispute settlement 
procedures applicable to the agreement.

SEC. 226. REVIEW OF CERTAIN MEAT FACILITIES.

    (a) Review by Food Safety and Inspection Service.--If the United 
States Trade Representative determines pursuant to section 224 that the 
European Union has failed to implement satisfactorily its obligations 
under the Exchange of Letters, the Agreement on the Application of 
Sanitary and Phytosanitary Measures, or any other Agreement, the United 
States Trade Representative shall request the Secretary of Agriculture 
(who, upon receipt of the request, shall) direct the Food Safety and 
Inspection Service of the Department of Agriculture to review 
certifications for European Union facilities that import meat and other 
agricultural products into the United States.
    (b) Relationship to USTR Authority.--The review authorized under 
subsection (a) is in addition to the authority of the United States 
Trade Representative to take actions described in section 301(c)(1) of 
the Trade Act of 1974 (19 U.S.C. 2411(c)(1)).
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