II 109th CONGRESS 2d Session S. 3364 IN THE SENATE OF THE UNITED STATES June 5, 2006 Mr. Nelson of Nebraska introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To authorize appropriate action against Japan for failing to resume the importation of United States beef in a timely manner, and for other purposes.

1.

Findings

Congress makes the following findings: (1)The United States cattle industry produces abundant, safe, and healthy food for consumers in the United States and around the world. (2)Japan has prohibited imports of beef from the United States since January 20, 2006, when a single shipment of beef products from the United States was found not to be in compliance with the Export Verification protocol agreed to by the United States and Japan in December 2005. (3)The noncomplying shipment presented no harm to Japanese consumers and merely consisted of beef products that were not approved for export to Japan. Subsequent investigations have indicated that the noncomplying shipment was the result of human error and that no further noncompliant shipments to Japan were found. (4)Japan’s reaction to this single incident of noncompliance, by banning all imports of United States beef, was unnecessarily harsh and overly broad, and it has been damaging and unfair to the United States beef industry. (5)The United States and the Government of Japan have been working diligently towards resolving the latest ban on United States beef by Japan, but that ban has not been resolved in a timely manner. (6)Notwithstanding the commitments Japan has made, Japan continues to maintain an unjustified ban on imports of United States beef as an unnecessarily harsh measure based on a single incident of noncompliance. (7)Japan's continued ban on United States beef has been damaging to the American beef industry, costing that industry an estimated $116,000,000 per month. (8)The United States cannot continue to permit Japan to unilaterally close trade of all United States beef products based solely on a single, minor incident of noncompliance under the export verification program.

2.

Certification regarding United States beef exports to Japan

(a)

In general

Notwithstanding any other provision of law, the United States Trade Representative shall, not later than 30 days after the date of the enactment of this Act, submit to Congress the 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)

Sanctions

(1)

In general

If the certification described in subsection (b) is not made, the United States shall ban the importation of beef products grown or processed in, or exported from, Japan. (2)

Necessary action

The United States Trade Representative, in cooperation with the Secretary of Agriculture and the Secretary of Commerce, is authorized to take all necessary actions to carry out the ban of imports of beef and beef products from Japan. (3)

Duration

The sanctions imposed by this section shall terminate on the date that a certification described in subsection (b) is submitted to Congress.