[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 566 Reported in Senate (RS)]





                                                       Calendar No. 276

106th CONGRESS

  1st Session

                                 S. 566

                          [Report No. 106-157]

_______________________________________________________________________

                                 A BILL

  To amend the Agricultural Trade Act of 1978 to exempt agricultural 
   commodities, livestock, and value-added products from unilateral 
 economic sanctions, to prepare for future bilateral and multilateral 
 trade negotiations affecting United States agriculture, and for other 
                               purposes.

_______________________________________________________________________

                           September 13, 1999

        Reported with an amendment and an amendment to the title





                                                       Calendar No. 276
106th CONGRESS
  1st Session
                                 S. 566

                          [Report No. 106-157]

  To amend the Agricultural Trade Act of 1978 to exempt agricultural 
   commodities, livestock, and value-added products from unilateral 
 economic sanctions, to prepare for future bilateral and multilateral 
 trade negotiations affecting United States agriculture, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 8, 1999

 Mr. Lugar  (for himself, Mr. McConnell, Mr. Gorton, Mrs. Murray, Mr. 
  Fitzgerald, Mrs. Lincoln, Mr. Daschle, Mr. Cochran, Mr. Baucus, Mr. 
Harkin, Mr. Roberts, Mr. Kerrey, Mr. Grams, Mr. Johnson, Mr. Leahy, Mr. 
  Santorum, Mr. Bayh, Mr. Conrad, Mr. Craig, Mr. Burns, Mr. Smith of 
 Oregon, Mr. Bond, Mr. Allard, Mr. Bunning, Mrs. Hutchison, Mr. Gramm, 
Mr. Cleland, and Mr. Campbell) introduced the following bill; which was 
read twice and referred to the Committee on Agriculture, Nutrition, and 
                                Forestry

                           September 13, 1999

 Reported by Mr. Lugar, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To amend the Agricultural Trade Act of 1978 to exempt agricultural 
   commodities, livestock, and value-added products from unilateral 
 economic sanctions, to prepare for future bilateral and multilateral 
 trade negotiations affecting United States agriculture, and for other 
                               purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Agricultural Trade Freedom 
Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act, the terms ``agricultural commodity'' and 
``United States agricultural commodity'' have the meanings given the 
terms in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 
5602).</DELETED>

<DELETED>SEC. 3. AGRICULTURAL COMMODITIES, LIVESTOCK, AND PRODUCTS 
              EXEMPT FROM SANCTIONS.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SEC. 418. AGRICULTURAL COMMODITIES, LIVESTOCK, AND PRODUCTS 
              EXEMPT FROM SANCTIONS.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Current sanction.--The term `current 
        sanction' means a unilateral economic sanction that is in 
        effect on the date of enactment of the Agricultural Trade 
        Freedom Act.</DELETED>
        <DELETED>    ``(2) New sanction.--The term `new sanction' means 
        a unilateral economic sanction that becomes effective after the 
        date of enactment of that Act.</DELETED>
        <DELETED>    ``(3) Unilateral economic sanction.--The term 
        `unilateral economic sanction' means any prohibition, 
        restriction, or condition on economic activity, including 
        economic assistance, with respect to a foreign country or 
        foreign entity that is imposed by the United States for reasons 
        of foreign policy or national security, except in a case in 
        which the United States imposes the measure pursuant to a 
        multilateral regime and the other members of that regime have 
        agreed to impose substantially equivalent measures.</DELETED>
<DELETED>    ``(b) Exemption.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to paragraphs (2) and 
        (3) and notwithstanding any other provision of law, 
        agricultural commodities made available as a result of 
        commercial sales shall be exempt from a unilateral economic 
        sanction imposed by the United States on another 
        country.</DELETED>
        <DELETED>    ``(2) Exclusions.--Paragraph (1) shall not apply 
        to agricultural commodities made available as a result of 
        programs carried out under--</DELETED>
                <DELETED>    ``(A) the Agricultural Trade Development 
                and Assistance Act of 1954 (7 U.S.C. 1691 et 
                seq.);</DELETED>
                <DELETED>    ``(B) section 416 of the Agricultural Act 
                of 1949 (7 U.S.C. 1431);</DELETED>
                <DELETED>    ``(C) the Food for Progress Act of 1985 (7 
                U.S.C. 1736o); or</DELETED>
                <DELETED>    ``(D) the Agricultural Trade Act of 1978 
                (7 U.S.C. 5601 et seq.).</DELETED>
        <DELETED>    ``(3) Determination by president.--If the 
        President determines that the exemption provided under 
        paragraph (1) should not apply to a unilateral economic 
        sanction for reasons of foreign policy or national security, 
        the President may include the agricultural commodities made 
        available as a result of the activities described in paragraph 
        (1) in the unilateral economic sanction.</DELETED>
<DELETED>    ``(c) Current Sanctions.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to paragraph (2), the 
        exemption under subsection (b)(1) shall apply to a current 
        sanction.</DELETED>
        <DELETED>    ``(2) Presidential review.--Not later than 90 days 
        after the date of enactment of the Agricultural Trade Freedom 
        Act, the President shall review each current sanction to 
        determine whether the exemption under subsection (b)(1) should 
        apply to the current sanction.</DELETED>
        <DELETED>    ``(3) Application.--The exemption under subsection 
        (b)(1) shall apply to a current sanction beginning 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 foreign policy or national security.</DELETED>
<DELETED>    ``(d) Report.--</DELETED>
        <DELETED>    ``(1) In general.--If the President determines 
        that the exemption under subsection (b)(2) or (c)(2) should not 
apply to a unilateral economic sanction, the President shall submit a 
report to the Committee on Agriculture of the House of Representatives 
and the Committee on Agriculture, Nutrition, and Forestry of the 
Senate--</DELETED>
                <DELETED>    ``(A) in the case of a current sanction, 
                not later than 15 days after the date of the 
                determination under subsection (c)(2); and</DELETED>
                <DELETED>    ``(B) in the case of a new sanction, on 
                the date of the imposition of the new 
                sanction.</DELETED>
        <DELETED>    ``(2) Contents of report.--The report shall 
        contain--</DELETED>
                <DELETED>    ``(A) an explanation of the foreign policy 
                or national security reasons for which the exemption 
                should not apply to the unilateral economic sanction; 
                and</DELETED>
                <DELETED>    ``(B) an assessment by the Secretary--
                </DELETED>
                        <DELETED>    ``(i) regarding export sales--
                        </DELETED>
                                <DELETED>    ``(I) in the case of a 
                                current sanction, whether markets in 
                                the sanctioned country or countries 
                                present a substantial trade opportunity 
                                for export sales of a United States 
                                agricultural commodity; or</DELETED>
                                <DELETED>    ``(II) in the case of a 
                                new sanction, the extent to which any 
                                country or countries to be sanctioned 
                                or likely to be sanctioned are markets 
                                that accounted for, during the 
                                preceding calendar year, more than 3 
                                percent of export sales of a United 
                                States agricultural 
                                commodity;</DELETED>
                        <DELETED>    ``(ii) regarding the effect on 
                        United States agricultural commodities--
                        </DELETED>
                                <DELETED>    ``(I) in the case of a 
                                current sanction, the potential for 
                                export sales of United States 
                                agricultural commodities in the 
                                sanctioned country or countries; 
                                and</DELETED>
                                <DELETED>    ``(II) in the case of a 
                                new sanction, the likelihood that 
                                exports of United States agricultural 
                                commodities will be affected by the new 
                                sanction or by retaliation by any 
                                country to be sanctioned or likely to 
                                be sanctioned, including a description 
                                of specific United States agricultural 
                                commodities that are most likely to be 
                                affected;</DELETED>
                        <DELETED>    ``(iii) regarding the income of 
                        agricultural producers--</DELETED>
                                <DELETED>    ``(I) in the case of a 
                                current sanction, the potential for 
                                increasing the income of producers of 
                                the United States agricultural 
                                commodities involved; and</DELETED>
                                <DELETED>    ``(II) in the case of a 
                                new sanction, the likely effect on 
                                incomes of producers of the 
                                agricultural commodities 
                                involved;</DELETED>
                        <DELETED>    ``(iv) regarding displacement of 
                        United States suppliers--</DELETED>
                                <DELETED>    ``(I) in the case of a 
                                current sanction, the potential for 
                                increased competition for United States 
                                suppliers of the agricultural commodity 
                                in countries that are not subject to 
                                the current sanction; and</DELETED>
                                <DELETED>    ``(II) in the case of a 
                                new sanction, the extent to which the 
                                new sanction would permit foreign 
                                suppliers to replace United States 
                                suppliers; and</DELETED>
                        <DELETED>    ``(v) regarding the reputation of 
                        United States agricultural producers as 
                        reliable suppliers--</DELETED>
                                <DELETED>    ``(I) in the case of a 
                                current sanction, whether removing the 
                                sanction would increase the reputation 
                                of United States producers as reliable 
                                suppliers of agricultural commodities 
                                in general, and of specific 
                                agricultural commodities identified by 
                                the Secretary; and</DELETED>
                                <DELETED>    ``(II) in the case of a 
                                new sanction, the likely effect of the 
                                proposed sanction on the reputation of 
                                United States producers as reliable 
                                suppliers of agricultural commodities 
                                in general, and of specific 
                                agricultural commodities identified by 
                                the Secretary.''.</DELETED>

<DELETED>SEC. 4. OBJECTIVES FOR AGRICULTURAL NEGOTIATIONS.</DELETED>

<DELETED>    It is the sense of Congress that the principal 
agricultural trade negotiating objectives of the United States for 
future multilateral and bilateral trade negotiations (including 
negotiations involving the World Trade Organization) should be to 
achieve, on an expedited basis and to the maximum extent practicable, 
more open and fair conditions for trade in agricultural commodities 
by--</DELETED>
        <DELETED>    (1) developing, strengthening, and clarifying 
        rules for trade in agricultural commodities, including 
        eliminating or reducing restrictive or trade-distorting import 
        and export practices, including--</DELETED>
                <DELETED>    (A) enhancing the operation and 
                effectiveness of the relevant provisions of the Uruguay 
                Round Agreements designed to define, deter, and 
                discourage the persistent use of unfair trade 
                practices; and</DELETED>
                <DELETED>    (B) enforcing and strengthening rules of 
                the World Trade Organization regarding--</DELETED>
                        <DELETED>    (i) trade-distorting practices of 
                        state trading enterprises and similar public 
                        and private trading enterprises; and</DELETED>
                        <DELETED>    (ii) the acts, practices, or 
                        policies of a foreign government that 
                        unreasonably--</DELETED>
                                <DELETED>    (I) require that 
                                substantial direct investment in the 
                                foreign country be made as a condition 
                                for carrying on business in the foreign 
                                country;</DELETED>
                                <DELETED>    (II) require that 
                                intellectual property be licensed to 
                                the foreign country or to any firm of 
                                the foreign country; or</DELETED>
                                <DELETED>    (III) delay or preclude 
                                implementation of a report of a dispute 
                                panel of the World Trade 
                                Organization;</DELETED>
        <DELETED>    (2) increasing the export of United States 
        agricultural commodities by eliminating barriers to trade 
        (including transparent and nontransparent barriers);</DELETED>
        <DELETED>    (3) eliminating other specific constraints to fair 
        trade (such as export subsidies, quotas, and other nontariff 
        import barriers and more open market access) in foreign markets 
        for United States agricultural commodities;</DELETED>
        <DELETED>    (4) developing, strengthening, and clarifying 
        rules that address practices that unfairly limit United States 
        market access opportunities or distort markets for United 
        States agricultural commodities to the detriment of the United 
        States, including--</DELETED>
                <DELETED>    (A) unfair or trade-distorting activities 
                of state trading enterprises, and similar public and 
                private trading enterprises, that result in inadequate 
                price transparency;</DELETED>
                <DELETED>    (B) unjustified restrictions or commercial 
                requirements affecting new technologies, including 
                biotechnology;</DELETED>
                <DELETED>    (C) unjustified sanitary or phytosanitary 
                restrictions; and</DELETED>
                <DELETED>    (D) restrictive rules in the establishment 
                and administration of tariff-rate quotas;</DELETED>
        <DELETED>    (5) ensuring that there are reliable suppliers of 
        agricultural commodities in international commerce by 
        encouraging countries to treat foreign buyers no less favorably 
        than domestic buyers of the commodity or product involved; 
        and</DELETED>
        <DELETED>    (6) eliminating nontariff trade barriers for 
        meeting the food needs of an increasing world population 
        through the use of biotechnology by--</DELETED>
                <DELETED>    (A) ensuring market access to United 
                States agricultural commodities derived from 
                biotechnology that is scientifically 
                defensible;</DELETED>
                <DELETED>    (B) opposing the establishment of 
                protectionist trade measures disguised as health 
                standards; and</DELETED>
                <DELETED>    (C) protesting continual delays by other 
                countries in their approval processes.</DELETED>

<DELETED>SEC. 5. SALE OR BARTER OF FOOD ASSISTANCE.</DELETED>

<DELETED>    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 agricultural 
commodities in connection with United States food assistance only 
within the recipient country or countries adjacent to the recipient 
country, unless--</DELETED>
        <DELETED>    (1) the sale or barter within the recipient 
        country or adjacent countries is not practicable; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 6. SENSE OF CONGRESS REGARDING RELIEF FROM UNFAIR TRADE 
              PRACTICES AFFECTING UNITED STATES AGRICULTURAL 
              COMMODITIES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) often dispute settlement proceedings to 
        resolve unfair trade practices of foreign countries that 
        restrict market access of United States agricultural 
        commodities are inadequate, time consuming, and cumbersome; 
        and</DELETED>
        <DELETED>    (2) practices that unfairly limit market access 
        opportunities for United States agricultural commodities 
        through export subsidies and import barriers include--
        </DELETED>
                <DELETED>    (A) unfair or trade-distorting activities 
                of state trading enterprises, and similar public and 
                private trading enterprises, that result in inadequate 
                price transparency;</DELETED>
                <DELETED>    (B) unjustified restrictions or commercial 
                requirements affecting new technologies, including 
                biotechnology, that are not scientifically 
                defensible;</DELETED>
                <DELETED>    (C) unjustified sanitary or phytosanitary 
                restrictions;</DELETED>
                <DELETED>    (D) restrictive rules for the 
                establishment and administration of tariff-rate 
                quotas;</DELETED>
                <DELETED>    (E) requirements that substantial direct 
                investment in the foreign country be made as a 
                condition for carrying on business in the foreign 
                country; and</DELETED>
                <DELETED>    (F) requirements that intellectual 
                property be licensed to the foreign country or to any 
                firm of the foreign country.</DELETED>
<DELETED>    (b) Sense of Congress.--It is the sense of Congress that 
the Secretary of Agriculture should aggressively use the authorities 
granted to the Secretary under section 302 of the Agricultural Trade 
Act of 1978 (7 U.S.C. 5652), which provides the Secretary with the 
authority to use programs of the Department of Agriculture for the 
agricultural commodity involved when there is undue delay in a dispute 
resolution proceeding of an international trade agreement (such as an 
agreement administered by the World Trade Organization).</DELETED>

<DELETED>SEC. 7. MICRONUTRIENT FORTIFICATION PILOT PROGRAM.</DELETED>

<DELETED>    Section 415 of the Agricultural Trade Development and 
Assistance Act of 1954 (7 U.S.C. 1736g-2) is repealed.</DELETED>

<DELETED>SEC. 8. TECHNICAL CORRECTIONS.</DELETED>

<DELETED>    (a) Administrative Provisions.--Section 216 of the Federal 
Agriculture Improvement and Reform Act of 1996 (Public Law 104-127; 110 
Stat. 957) is amended--</DELETED>
        <DELETED>    (1) in paragraph (2), by striking ``subsection 
        (c)'' and inserting ``subsection (b)'';</DELETED>
        <DELETED>    (2) in paragraph (3), by striking ``subsection 
        (d)'' and inserting ``subsection (c)'';</DELETED>
        <DELETED>    (3) in paragraph (4), by striking ``subsection 
        (g)(2)'' and inserting ``subsection (f)(2)''; and</DELETED>
        <DELETED>    (4) in paragraph (5), by striking ``subsection 
        (h)'' and inserting ``subsection (g)''.</DELETED>
<DELETED>    (b) Emerging Markets.--Section 1542(d)(1)(A)(i) of the 
Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-
624; 7 U.S.C. 5622 note) is amended by striking ``such democracies'' 
and inserting ``the markets''.</DELETED>
<DELETED>    (c) Trade Compensation and Assistance Programs.--Section 
417(a) of the Agricultural Trade Act of 1978 (7 U.S.C. 5677(a)) is 
amended by inserting ``of an agricultural commodity'' after ``causes 
exports''.</DELETED>
<DELETED>    (d) Effective Date.--The amendments made by this section 
take effect on April 4, 1996.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Agricultural Trade Freedom Act''.

SEC. 2. DEFINITIONS.

    In this Act, the terms ``agricultural commodity'' and ``United 
States agricultural commodity'' have the meanings given the terms in 
section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).

SEC. 3. AGRICULTURAL COMMODITIES, LIVESTOCK, AND PRODUCTS EXEMPT FROM 
              UNILATERAL AGRICULTURAL 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 AGRICULTURAL 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 Agricultural Trade Freedom Act.
            ``(2) New sanction.--The term `new sanction' means a 
        unilateral agricultural sanction that becomes 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 imposed on the export of an 
        agricultural commodity to a foreign country or foreign entity 
        and that is imposed by the United States for reasons of the 
        national interest, except in a case in which the United States 
        imposes the measure pursuant to a multilateral regime and the 
        other members of that regime have agreed to impose 
        substantially equivalent measures.
    ``(b) Exemption.--
            ``(1) In general.--Subject to paragraphs (2) and (3) and 
        notwithstanding any other provision of law, agricultural 
        commodities made available as a result of commercial sales 
        shall be exempt from a unilateral 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 sanction 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 foreign entity; 
                or
                    ``(B)(i) the President determines that inclusion of 
                the agricultural commodities is in the national 
                interest;
                    ``(ii) the President submits the report required 
                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 connection 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 Agricultural Trade Freedom Act, 
        the President shall review each current sanction to determine 
        whether the exemption under subsection (b)(1) should apply to 
        the current sanction.
            ``(3) Application.--The exemption under subsection (b)(1) 
        shall apply to a current sanction beginning 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 exemption should not 
        apply to a unilateral agricultural sanction, the President 
        shall submit a report to Congress 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 
                        proposed to be prohibited, restricted, or 
                        conditioned by the unilateral agricultural 
                        sanction; and
                            ``(ii) the national interest for which the 
                        exemption should not apply to the unilateral 
                        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 opportunity for 
                                export sales of a United States 
                                agricultural commodity; or
                                    ``(II) in the case of a new 
                                sanction, the extent to which any 
                                country or countries to be sanctioned 
                                or likely to be sanctioned are markets 
                                that accounted for, during the 
                                preceding calendar year, more than 3 
                                percent of export sales of a United 
                                States agricultural 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 
                                commodities in the sanctioned country 
                                or countries; and
                                    ``(II) in the case of a new 
                                sanction, the likelihood that exports 
                                of United States agricultural 
                                commodities will be affected by the new 
                                sanction or by retaliation by any 
                                country to be sanctioned or likely to 
                                be sanctioned, including a description 
                                of specific United States agricultural 
                                commodities that are most likely to be 
                                affected;
                            ``(iii) regarding the income of 
                        agricultural producers--
                                    ``(I) in the case of a current 
                                sanction, the potential for increasing 
                                the income of producers of the United 
                                States agricultural commodities 
                                involved; and
                                    ``(II) in the case of a new 
                                sanction, the likely effect on incomes 
                                of producers of the agricultural 
                                commodities involved;
                            ``(iv) regarding displacement of United 
                        States suppliers--
                                    ``(I) in the case of a current 
                                sanction, the potential for increased 
                                competition for United States suppliers 
                                of the agricultural commodity in 
                                countries that are not subject to the 
                                current sanction because of uncertainty 
                                about the reliability of the United 
                                States suppliers; and
                                    ``(II) in the case of a new 
                                sanction, the extent to which the new 
                                sanction would permit foreign suppliers 
                                to replace United States suppliers; and
                            ``(v) regarding the reputation of United 
                        States agricultural producers as reliable 
                        suppliers--
                                    ``(I) in the case of a current 
                                sanction, whether removing the sanction 
                                would improve the reputation of United 
                                States producers as reliable suppliers 
                                of agricultural commodities in general, 
                                and of specific agricultural 
                                commodities identified by the 
                                Secretary; and
                                    ``(II) in the case of a new 
                                sanction, the likely effect of the 
                                proposed sanction on the reputation of 
                                United States producers as reliable 
                                suppliers of agricultural commodities 
                                in general, and of specific 
                                agricultural commodities identified by 
                                the Secretary.
    ``(e) Congressional Priority Procedures.--
            ``(1) Joint resolution.--In this subsection, the term 
        `joint resolution' means only a joint resolution introduced 
        within 10 session days of Congress after the date on which the 
        report of the President under subsection (d) is received by 
        Congress, the matter after the resolving clause of which is as 
        follows: `That Congress disapproves the report of the President 
        pursuant to section 418(d) of the Agricultural Trade Act of 
        1978, transmitted on ______________.', with the blank completed 
        with the appropriate date.
            ``(2) Referral of report.--The report described in 
        subsection (d) shall be referred to the appropriate 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 resolution referred 
                to in subparagraph (A) may not be reported before the 
                eighth session day of Congress after the introduction 
                of the joint resolution.
            ``(4) Discharge of committee.--If the committee 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 resolution; and
                    ``(B) the joint resolution shall be placed on the 
                appropriate calendar of the House concerned.
            ``(5) Floor consideration.--
                    ``(A) Motion to proceed.--
                            ``(i) In general.--When the committee to 
                        which a joint resolution is referred 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 
                                thereafter 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 
                                resolution; and
                                    ``(II) all points of order against 
                                the joint resolution (and against 
                                consideration of the joint resolution) 
                                are waived.
                            ``(ii) Privilege.--The motion to proceed to 
                        the consideration of the joint resolution--
                                    ``(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 disagreed 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 disposed of.
                    ``(B) Limitations on debate.--
                            ``(i) In general.--Debate on the joint 
                        resolution, and on all debatable motions 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 limitations.--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 motion to postpone, 
                        a motion to proceed to the consideration of 
                        other business, a motion 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.--Immediately following 
                the conclusion of the debate on a joint resolution, and 
                a single quorum call at the conclusion of the debate if 
                requested in accordance with the rules of the House 
                concerned, the vote on final passage of the joint 
                resolution shall occur.
                    ``(D) Rulings of the chair on procedure.--An appeal 
                from a decision of the Chair 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 resolution 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 following 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 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 receiving 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 
        resolution 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 Representatives, respectively, and 
                as such this subsection--
                            ``(i) is deemed to be a part of the rules 
                        of each House, respectively, but applicable 
                        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 inconsistent 
                        with those rules; and
                    ``(B) with full recognition of the constitutional 
                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. 4. OBJECTIVES FOR AGRICULTURAL NEGOTIATIONS.

    It is the sense of Congress that the principal agricultural trade 
negotiating objectives of the United States for future multilateral and 
bilateral trade negotiations (including negotiations involving the 
World Trade Organization) should be to achieve, on an expedited basis 
and to the maximum extent practicable, more open and fair conditions 
for trade in agricultural commodities by--
            (1) developing, strengthening, and clarifying rules for 
        trade in agricultural commodities, including eliminating or 
        reducing restrictive or trade-distorting import and export 
        practices, including--
                    (A) enhancing the operation and effectiveness of 
                the relevant provisions of the Uruguay Round Agreements 
                designed to define, deter, and discourage the 
                persistent use of unfair trade practices; and
                    (B) enforcing and strengthening rules of the World 
                Trade Organization regarding--
                            (i) trade-distorting practices of state 
                        trading enterprises and similar public and 
                        private trading enterprises; and
                            (ii) the acts, practices, or policies of a 
                        foreign government that unreasonably--
                                    (I) require that substantial direct 
                                investment in the foreign country be 
                                made as a condition for carrying on 
                                business in the foreign country;
                                    (II) require that intellectual 
                                property be licensed to the foreign 
                                country or to any firm of the foreign 
                                country; or
                                    (III) delay or preclude 
                                implementation of a report of a dispute 
                                panel of the World Trade Organization;
            (2) increasing the export of United States agricultural 
        commodities by eliminating barriers to trade (including 
        transparent and nontransparent barriers);
            (3) eliminating other specific constraints to fair trade 
        (such as export subsidies, quotas, and other nontariff import 
        barriers and more open market access) in foreign markets for 
        United States agricultural commodities;
            (4) developing, strengthening, and clarifying rules that 
        address practices that unfairly limit United States market 
        access opportunities or distort markets for United States 
        agricultural commodities to the detriment of the United States, 
        including--
                    (A) unfair or trade-distorting activities of state 
                trading enterprises, and similar public and private 
                trading enterprises, that result in inadequate price 
                transparency;
                    (B) commercial requirements, or restrictions not 
                based on scientific principles and not maintained with 
                sufficient scientific evidence, affecting new 
                technologies;
                    (C) unjustified sanitary or phytosanitary 
                restrictions; and
                    (D) restrictive rules in the establishment and 
                administration of tariff-rate quotas;
            (5) ensuring that there are reliable suppliers of 
        agricultural commodities in international commerce by 
        encouraging countries to treat foreign buyers no less favorably 
        than domestic buyers of the commodity or product involved;
            (6) eliminating nontariff trade barriers for meeting the 
        food needs of an increasing world population through the use of 
        new technologies by--
                    (A) ensuring market access to United States 
                agricultural commodities derived from biotechnology 
                that is based on scientific principles and maintained 
                with sufficient scientific evidence;
                    (B) opposing the establishment of protectionist 
                trade measures disguised as health standards; and
                    (C) protesting continual delays by other countries 
                in their approval processes; and
            (7) ensuring that foreign market access to United States 
        agricultural commodities produced using traditional 
        agricultural practices, organic farming, sustainable 
        agriculture, or other agricultural practices is not denied for 
        reasons that are inconsistent with the rules of the World Trade 
        Organization.

SEC. 5. 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 agricultural commodities in 
connection with United States food assistance only within the recipient 
country or countries adjacent to the recipient country, unless--
            (1) the sale or barter within the recipient country 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.

SEC. 6. SENSE OF CONGRESS REGARDING RELIEF FROM UNFAIR TRADE PRACTICES 
              AFFECTING UNITED STATES AGRICULTURAL COMMODITIES.

    (a) Findings.--Congress finds that--
            (1) often dispute settlement proceedings to resolve unfair 
        trade practices of foreign countries that restrict market 
        access of United States agricultural commodities are 
        inadequate, time consuming, and cumbersome; and
            (2) practices that unfairly limit market access 
        opportunities for United States agricultural commodities 
        through export subsidies and import barriers include--
                    (A) unfair or trade-distorting activities of state 
                trading enterprises, and similar public and private 
                trading enterprises, that result in inadequate price 
                transparency;
                    (B) unjustified restrictions or commercial 
                requirements affecting new technologies, including 
                biotechnology, that are not scientifically defensible;
                    (C) unjustified sanitary or phytosanitary 
                restrictions;
                    (D) restrictive rules for the establishment and 
                administration of tariff-rate quotas;
                    (E) requirements that substantial direct investment 
                in the foreign country be made as a condition for 
                carrying on business in the foreign country; and
                    (F) requirements that intellectual property be 
                licensed to the foreign country or to any firm of the 
                foreign country.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Agriculture should aggressively use the authorities 
granted to the Secretary under section 302 of the Agricultural Trade 
Act of 1978 (7 U.S.C. 5652), which provides the Secretary with the 
authority to use programs of the Department of Agriculture for the 
agricultural commodity involved when there is undue delay in a dispute 
resolution proceeding of an international trade agreement (such as an 
agreement administered by the World Trade Organization).

SEC. 7. MICRONUTRIENT FORTIFICATION PILOT PROGRAM.

    Section 415 of the Agricultural Trade Development and Assistance 
Act of 1954 (7 U.S.C. 1736g-2) is repealed.

SEC. 8. TECHNICAL CORRECTIONS.

    (a) Administrative Provisions.--Section 216 of the Federal 
Agriculture Improvement and Reform Act of 1996 (Public Law 104-127; 110 
Stat. 957) is amended--
            (1) in paragraph (2), by striking ``subsection (c)'' and 
        inserting ``subsection (b)'';
            (2) in paragraph (3), by striking ``subsection (d)'' and 
        inserting ``subsection (c)'';
            (3) in paragraph (4), by striking ``subsection (g)(2)'' and 
        inserting ``subsection (f)(2)''; and
            (4) in paragraph (5), by striking ``subsection (h)'' and 
        inserting ``subsection (g)''.
    (b) Emerging Markets.--Section 1542(d)(1)(A)(i) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 7 
U.S.C. 5622 note) is amended by striking ``such democracies'' and 
inserting ``the markets''.
    (c) Trade Compensation and Assistance Programs.--Section 417(a) of 
the Agricultural Trade Act of 1978 (7 U.S.C. 5677(a)) is amended by 
inserting ``of an agricultural commodity'' after ``causes exports''.
    (d) Effective Date.--The amendments made by this section take 
effect on April 4, 1996.
            Amend the title so as to read: ``A bill to amend the 
        Agricultural Trade Act of 1978 to exempt agricultural 
        commodities, livestock, and value-added products from 
        unilateral agricultural sanctions, to prepare for future 
        bilateral and multilateral trade negotiations affecting United 
        States agriculture, and for other purposes.''.