[Congressional Record Volume 144, Number 94 (Wednesday, July 15, 1998)]
[Senate]
[Pages S8254-S8261]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 1999

                                 ______
                                 

                       BAUCUS AMENDMENT NO. 3154

  (Ordered to lie on the table.)
  Mr. BAUCUS submitted an amendment intended to be proposed by him to 
the bill (S. 2159) making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 1999, and for other 
purposes; as follows:

       On page 67, after line 23, add the following:

     SEC. 7____. EXTENSION OF MARKETING ASSISTANCE LOANS.

       Section 133 of the Agricultural Market Transition Act (7 
     U.S.C. 7233) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Extension.--The Secretary may extend the term of a 
     marketing assistance loan made to producers on a farm for any 
     loan commodity for 1 6-month period.''.
                                 ______
                                 

               BROWNBACK (AND OTHERS) AMENDMENT NO. 3155

  Mr. COCHRAN (for Mr. Brownback for himself, Mr. Roberts, Mr. Hagel, 
Mr. Gorton, Mr. Robb, Mr. Smith of Oregon, and Mrs. Feinstein) proposed 
an amendment to the bill S. 2159, supra; as follows:

       At the appropriate place in the bill, insert the following:
                 TITLE ____--INDIA-PAKISTAN RELIEF ACT

     SEC. ____01. SHORT TITLE.

       This Act may be cited as the ``India-Pakistan Relief Act of 
     1998''.

     SEC. ____02. WAIVER AUTHORITY.

       (a) Authority.--The President may waive for a period not to 
     exceed one year upon enactment of this Act with respect to 
     India or Pakistan the application of any sanction or 
     prohibition (or portion thereof) contained in section 101 or 
     102 of the Arms Export Control Act, section 620E(e) of the 
     Foreign Assistance Act of 1961, or section 2(b)(4) of the 
     Export Import Bank Act of 1945.
       (b) Exception.--The authority provided in subsection (a) 
     shall not apply to any restriction in section 102(b)(2) (B), 
     (C), or (G) of the Arms Export Control Act.
       (c) Amounts made available by this section are designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balance Budget and Emergency 
     Deficit Control Act of 1985, as amended: Provided, That such 
     amounts shall be available only to the extent that an 
     official budget request that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress.

     SEC. ____03. CONSULTATION.

       Prior to each exercise of the authority provided in section 
     ____02, the President shall consult with the appropriate 
     congressional committees.

     SEC. ____04. REPORTING REQUIREMENT.

       Not later than 30 days prior to the expiration of a one-
     year period described in section ____02, the Secretary of 
     State shall submit a report to the appropriate congressional 
     committees on economic and national security developments in 
     India and Pakistan.

     SEC. ____05. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

       In this title, the term ``appropriate congressional 
     committees'' means the Committee on Foreign Relations of the 
     Senate and the Committee on International Relations of the 
     House of Representatives and the Committees on Appropriations 
     of the House of Representatives and the Senate.
                                 ______
                                 

                 LUGAR (AND OTHERS) AMENDMENT NO. 3156

  Mr. LUGAR (for himself, Mr. Hagel, Mr. Dorgan, Mr. Domenici, Mr. 
Roberts, Mr. Chafee, Mr. Dodd, Mr. Craig, Mr. Warner, Mr. Murkowski, 
and Mr. Santorum) proposed an amendment to the bill, S. 2159, supra; as 
follows:

       At the end of the bill, insert the following new title:
                TITLE VIII--SANCTIONS POLICY REFORM ACT

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Sanctions Policy Reform 
     Act''.

     SEC. 802. PURPOSE.

       It is the purpose of this title to establish an effective 
     framework for consideration by the legislative and executive 
     branches of unilateral economic sanctions in order to ensure 
     coordination of United States policy with respect to trade, 
     security, and human rights.

     SEC. 803. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to pursue United States interests through vigorous and 
     effective diplomatic, political, commercial, charitable, 
     educational, cultural, and strategic engagement with other 
     countries, while recognizing that the national security 
     interests of the United States may sometimes require the 
     imposition of economic sanctions on other countries;
       (2) to foster multilateral cooperation on vital matters of 
     United States foreign policy, including promoting human 
     rights and democracy, combating international terrorism, 
     proliferation of weapons of mass destruction, and 
     international narcotics trafficking, and ensuring adequate 
     environmental protection;
       (3) to promote United States economic growth and job 
     creation by expanding exports of goods, services, and 
     agricultural commodities, and by encouraging investment that 
     supports the sale abroad of products and services of the 
     United States;
       (4) to maintain the reputation of United States businesses 
     and farmers as reliable suppliers to international customers 
     of quality products and services, including United States 
     manufactures, technology products, financial services, and 
     agricultural commodities;
       (5) to avoid the use of restrictions on exports of 
     agricultural commodities as a foreign policy weapon;
       (6) to oppose policies of other countries designed to 
     discourage economic interaction with countries friendly to 
     the United States or with any United States national, and to

[[Page S8255]]

     avoid use of such policies as instruments of United States 
     foreign policy; and
       (7) when economic sanctions are necessary--
       (A) to target them as narrowly as possible on those foreign 
     governments, entities, and officials that are responsible for 
     the conduct being targeted, thereby minimizing unnecessary or 
     disproportionate harm to individuals who are not responsible 
     for such conduct; and
       (B) to the extent feasible, to avoid any adverse impact of 
     economic sanctions on the humanitarian activities of United 
     States and foreign nongovernmental organizations in a country 
     against which sanctions are imposed.

     SEC. 804. DEFINITIONS.

       As used in this title:
       (1) Unilateral economic sanction.--
       (A) In general.--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, including any of the measures described in 
     subparagraph (B), 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) Particular measures.--The measures referred to in 
     subparagraph (A) are the following:
       (i) The suspension, restriction, or prohibition of exports 
     or imports of any product, technology, or service to or from 
     a foreign country or entity.
       (ii) The suspension of, or any restriction or prohibition 
     on, financial transactions with a foreign country or entity.
       (iii) The suspension of, or any restriction or prohibition 
     on, direct or indirect investment in or from a foreign 
     country or entity.
       (iv) The imposition of increased tariffs on, or other 
     restrictions on imports of, products of a foreign country or 
     entity, including the denial, revocation, or conditioning of 
     nondiscriminatory (most-favored-nation) trade treatment.
       (v) The suspension of, or any restriction or prohibition 
     on--

       (I) the authority of the Export-Import Bank of the United 
     States to give approval to the issuance of any guarantee, 
     insurance, or extension of credit in connection with the 
     export of goods or services to a foreign country or entity;
       (II) the authority of the Trade and Development Agency to 
     provide assistance in connection with projects in a foreign 
     country or in which a particular foreign entity participates; 
     or
       (III) the authority of the Overseas Private Investment 
     Corporation to provide insurance, reinsurance, financing, or 
     conduct other activities in connection with projects in a 
     foreign country or in which a particular foreign entity 
     participates.

       (vi) A requirement that the United States representative to 
     an international financial institution vote against any loan 
     or other utilization of funds to, for, or in a foreign 
     country or particular foreign entity.
       (vii) A measure imposing any restriction or condition on 
     economic activity on any foreign government or entity on the 
     ground that such government or entity does business in or 
     with a foreign country.
       (viii) A measure imposing any restriction or condition on 
     economic activity on any person that is a national of a 
     foreign country, or on any government or other entity of a 
     foreign country, on the ground that the government of that 
     country has not taken measures in cooperation with, or 
     similar to, sanctions imposed by the United States on a third 
     country.
       (ix) The suspension of, or any restriction or prohibition 
     on, travel rights or air transportation to or from a foreign 
     country.
       (x) Any restriction on the filing or maintenance in a 
     foreign country of any proprietary interest in intellectual 
     property rights (including patents, copyrights, and 
     trademarks), including payment of patent maintenance fees.
       (C) Multilateral regime.--As used in this paragraph, the 
     term ``multilateral regime'' means an agreement, arrangement, 
     or obligation under which the United States cooperates with 
     other countries in restricting commerce for reasons of 
     foreign policy or national security, including--
       (i) obligations under resolutions of the United Nations;
       (ii) nonproliferation and export control arrangements, such 
     as the Australia Group, the Nuclear Supplier's Group, the 
     Missile Technology Control Regime, and the Wassenaar 
     Arrangement;
       (iii) treaty obligations, such as under the Chemical 
     Weapons Convention, the Treaty on the Non-Proliferation of 
     Nuclear Weapons, and the Biological Weapons Convention; and
       (iv) agreements concerning protection of the environment, 
     such as the International Convention for the Conservation of 
     Atlantic Tunas, the Declaration of Panama referred to in 
     section 2(a)(1) of the International Dolphin Conservation Act 
     (16 U.S.C. 1361 note), the Convention on International Trade 
     in Endangered Species, the Montreal Protocol on Substances 
     that Deplete the Ozone Layer, and the Basel Convention on the 
     Control of Transboundary Movements of Hazardous Wastes.
       (D) Economic assistance.--The term ``economic assistance'' 
     means--
       (i) any assistance under part I or chapter 4 of part II of 
     the Foreign Assistance Act of 1961 (including programs under 
     title IV of chapter 2, relating to the Overseas Private 
     Investment Corporation), other than--

       (I) assistance under chapter 8 of part I of that Act,
       (II) disaster relief assistance, including any assistance 
     under chapter 9 of part I of that Act,
       (III) assistance which involves the provision of food 
     (including monetization of food) or medicine, or
       (IV) assistance for refugees; and

       (ii) the provision of agricultural commodities, other than 
     food, under the Agricultural Trade Development and Assistance 
     Act of 1954.
       (E) Financial transaction.--As used in this paragraph, the 
     term ``financial transaction'' has the meaning given that 
     term in section 1956(c)(4) of title 18, United States Code.
       (F) Investment.--As used in this paragraph, the term 
     ``investment'' means any contribution or commitment of funds, 
     commodities, services, patents, or other forms of 
     intellectual property, processes, or techniques, including--
       (i) a loan or loans;
       (ii) the purchase of a share of ownership;
       (iii) participation in royalties, earnings, or profits; and
       (iv) the furnishing or commodities or services pursuant to 
     a lease or other contract.
       (G) Exclusions.--The term ``unilateral economic sanction'' 
     does not include--
       (i) any measure imposed to remedy unfair trade practices or 
     to enforce United States rights under a trade agreement, 
     including under section 337 of the Tariff Act of 1930, title 
     VII of that Act, title III of the Trade Act of 1974, sections 
     1374 and 1377 of the Omnibus Trade and Competitiveness Act of 
     1988 (19 U.S.C. 3103 and 3106), and section 3 of the Act of 
     March 3, 1933 (41 U.S.C. 10b-1);
       (ii) any measure imposed to remedy market disruption or to 
     respond to injury to a domestic industry for which increased 
     imports are a substantial cause or threat thereof, including 
     remedies under sections 201 and 406 of the Trade Act of 1974, 
     and textile import restrictions (including those imposed 
     under section 204 of the Agricultural Act of 1956 (7 U.S.C. 
     1784));
       (iii) any action taken under title IV of the Trade Act of 
     1974, including the enactment of a joint resolution under 
     section 402(d)(2) of that Act;
       (iv) any measure imposed to restrict imports of 
     agricultural commodities to protect food safety or to ensure 
     the orderly marketing of commodities in the United States, 
     including actions taken under section 22 of the Agricultural 
     Adjustment Act (7 U.S.C. 624);
       (v) any measure imposed to restrict imports of any other 
     products in order to protect domestic health or safety;
       (vi) any measure authorized by, or imposed under, a 
     multilateral or bilateral trade agreement to which the United 
     States is a signatory, including the Uruguay Round 
     Agreements, the North American Free Trade Agreement, the 
     United States-Israel Free Trade Agreement, and the United 
     States-Canada Free Trade Agreement; and
       (vii) any prohibition or restriction on the sale, export, 
     lease, or other transfer of any defense article, defense 
     service, or design and construction service under the Arms 
     Export Control Act, or on any financing provided under that 
     Act.
       (2) National emergency.--The term ``national emergency'' 
     means any unusual or extraordinary threat, which has its 
     source in whole or substantial part outside the United 
     States, to the national security, foreign policy, or economy 
     of the United States.
       (3) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given that term in section 102(1) 
     of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(1)).
       (4) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Agriculture, the Committee on International Relations, the 
     Committee on Ways and Means, and the Committee on Banking and 
     Financial Services of the House of Representatives, and the 
     Committee on Agriculture, Nutrition, and Forestry, the 
     Committee on Finance, and the Committee on Foreign Relations 
     of the Senate.
       (5) Contract sanctity.--The term ``contract sanctity'', 
     with respect to a unilateral economic sanction, refers to the 
     inapplicability of the sanction to--
       (A) a contract or agreement entered into before the 
     sanction is imposed, or to a valid export license or other 
     authorization to export; and
       (B) actions taken to enforce the right to maintain 
     intellectual property rights, in the foreign country against 
     which the sanction is imposed, which existed before the 
     imposition of the sanction.
       (6) Unilateral economic sanction legislation.--The term 
     ``unilateral economic sanction legislation'' means a bill or 
     joint resolution that imposes, or authorizes the imposition 
     of, any unilateral economic sanction.

     SEC. 805. GUIDELINES FOR UNILATERAL ECONOMIC SANCTIONS 
                   LEGISLATION.

       It is the sense of Congress that any unilateral economic 
     sanction legislation that is introduced in or reported to a 
     House of Congress on or after the date of enactment of this 
     Act should--
       (1) state the foreign policy or national security objective 
     or objectives of the United

[[Page S8256]]

     States that the economic sanction is intended to achieve;
       (2) provide that the economic sanction terminate 2 years 
     after it is imposed, unless specifically reauthorized by 
     Congress;
       (3) provide for contract sanctity;
       (4) provide authority for the President both to adjust the 
     timing and scope of the sanction and to waive the sanction, 
     if the President determines it is in the national interest to 
     do so;
       (5)(A) target the sanction as narrowly as possible on 
     foreign governments, entities, and officials that are 
     responsible for the conduct being targeted;
       (B) not include restrictions on the provision of medicine, 
     medical equipment, or food; and
       (C) seek to minimize any adverse impact on the humanitarian 
     activities of United States and foreign nongovernmental 
     organizations in any country against which the sanction may 
     be imposed; and
       (6) provide, to the extent that the Secretary of 
     Agriculture finds, that--
       (A) the proposed sanction is likely to restrict exports of 
     any agricultural commodity or is likely to result in 
     retaliation against exports of any agricultural commodity 
     from the United States, and
       (B) the sanction is proposed to be imposed, or is likely to 
     be imposed, on a country or countries that constituted, in 
     the preceding calendar year, the market for more than 3 
     percent of all export sales from the United States of an 
     agricultural commodity,
     that the Secretary of Agriculture expand agricultural export 
     assistance under United States market development, food 
     assistance, or export promotion programs to offset the likely 
     damage to incomes of producers of the affected agricultural 
     commodity or commodities, to the maximum extent permitted by 
     law and by the obligations of the United States under the 
     Agreement on Agriculture referred to in section 101(d)(2) of 
     the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(2)).

     SEC. 806. REQUIREMENTS FOR UNILATERAL ECONOMIC SANCTIONS 
                   LEGISLATION.

       (a) Public Comment.--Not later than 15 days prior to the 
     consideration by the committee of primary jurisdiction of any 
     unilateral economic sanction legislation, the chairman of the 
     committee shall cause to be printed in the Congressional 
     Record a notice that provides an opportunity for interested 
     members of the public to submit comments to the committee on 
     the proposed sanction.
       (b) Committee Reports.--In the case of any unilateral 
     economic sanction legislation that is reported by a committee 
     of the House of Representatives or the Senate, the committee 
     report accompanying the legislation shall contain a statement 
     of whether the legislation meets all the guidelines specified 
     in paragraphs (1) through (6) of section 805 and, if the 
     legislation does not, an explanation of why it does not. The 
     report shall also include a specific statement of whether the 
     legislation includes any restrictions on the provision of 
     medicine, medical equipment, or food.
       (c) Floor Consideration in the House of Representatives and 
     Senate.--
       (1) Floor consideration in the house of representatives.--A 
     motion in the House of Representatives to proceed to the 
     consideration of any unilateral economic sanctions 
     legislation shall not be in order unless the House has 
     received in advance the appropriate report or reports under 
     subsection (d).
       (2) Consideration in the senate.--A motion in the Senate to 
     proceed to the consideration of any unilateral economic 
     sanctions legislation shall not be in order unless the Senate 
     has received in advance the appropriate report or reports 
     under subsection (d).
       (d) Reports.--
       (1) Report by the president.--Not later than 30 days after 
     a committee of the House of Representatives or the Senate 
     reports any unilateral economic sanction legislation or the 
     House of Representatives or the Senate receives such 
     legislation from the other House of Congress, the President 
     shall submit to the House receiving the legislation a report 
     containing--
       (A) an assessment of--
       (i) the likelihood that the proposed unilateral economic 
     sanction will achieve its stated objective within a 
     reasonable period of time; and
       (ii) the impact of the proposed unilateral economic 
     sanction on--

       (I) humanitarian conditions, including the impact on 
     conditions in any specific countries on which the sanction is 
     proposed to be or may be imposed;
       (II) humanitarian activities of United States and foreign 
     nongovernmental organizations;
       (III) relations with United States allies;
       (IV) other United States national security and foreign 
     policy interests; and
       (V) countries and entities other than those on which the 
     sanction is proposed to be or may be imposed;

       (B) a description and assessment of--
       (i) diplomatic and other steps the United States has taken 
     to accomplish the intended objectives of the unilateral 
     sanction legislation;
       (ii) the likelihood of multilateral adoption of comparable 
     measures;
       (iii) comparable measures undertaken by other countries;
       (iv) alternative measures to promote the same objectives, 
     and an assessment of their potential effectiveness;
       (v) any obligations of the United States under 
     international treaties or trade agreements with which the 
     proposed sanction may conflict;
       (vi) the likelihood that the proposed sanction will lead to 
     retaliation against United States interests, including 
     agricultural interests; and
       (vii) whether the achievement of the objectives of the 
     proposed sanction outweighs any likely costs to United States 
     foreign policy, national security, economic, and humanitarian 
     interests, including any potential harm to United States 
     business, agriculture, and consumers, and any potential harm 
     to the international reputation of the United States as a 
     reliable supplier of products, technology, agricultural 
     commodities, and services.
       (2) Report by the secretary of agriculture.--Not later than 
     30 days after a committee of the House of Representatives or 
     the Senate reports any unilateral economic sanction 
     legislation affecting the export of agricultural commodities 
     from the United States or the House of Representatives or the 
     Senate receives such legislation from the other House of 
     Congress, the Secretary of Agriculture shall submit to the 
     House receiving the legislation a report containing an 
     assessment of--
       (A) the extent to which any country or countries proposed 
     to be sanctioned or likely to be sanctioned are markets that 
     accounted for, in the preceding calendar year, more than 3 
     percent of all export sales from the United States of any 
     agricultural commodity;
       (B) the likelihood that exports of agricultural commodities 
     from the United States will be affected by the proposed 
     sanction or by retaliation by any country proposed to be 
     sanctioned or likely to be sanctioned, and specific 
     commodities which are most likely to be affected;
       (C) the likely effect on incomes of producers of the 
     specific commodities identified by the Secretary;
       (D) the extent to which the proposed sanction would permit 
     foreign suppliers to replace United States suppliers; and
       (E) the likely effect of the proposed sanction on the 
     reputation of United States farmers as reliable suppliers of 
     agricultural commodities in general, and of the specific 
     commodities identified by the Secretary.
       (e) Rules of the House of Representatives and Senate.--This 
     section is enacted by Congress--
       (1) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, respectively, and as such 
     these rules are deemed a part of the rules of each House, 
     respectively, and they supersede other rules only to the 
     extent that they are inconsistent therewith; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating 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. 807. REQUIREMENTS FOR EXECUTIVE ACTION.

       (a) In General.--
       (1) Announcement of intent.--Notwithstanding any other 
     provision of law, the President may not implement any new 
     unilateral economic sanction under any provision of law with 
     respect to a foreign country or foreign entity, unless at 
     least 45 days in advance of such implementation, the 
     President publishes notice in the Federal Register of the 
     President's intention to implement such sanction.
       (2) New unilateral economic sanction.--For purposes of this 
     section, the term ``new unilateral economic sanction'' means 
     a unilateral economic sanction imposed pursuant to a law 
     enacted after the date of enactment of this Act or a sanction 
     imposed after such date of enactment pursuant to the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.).
       (b) Consultation.--The President shall consult with the 
     appropriate congressional committees regarding a proposed new 
     unilateral economic sanction, including consultations 
     regarding efforts to achieve or increase multilateral 
     cooperation on the issues or problems prompting the proposed 
     sanction.
       (c) Public Hearings; Record.--The President shall publish a 
     notice in the Federal Register of the opportunity for 
     interested persons to submit comments on the proposed new 
     unilateral economic sanction.
       (d) Requirements for Executive Branch Sanctions.--Any new 
     unilateral economic sanction imposed by the President--
       (1) shall--
       (A) include an assessment of whether--
       (i) the sanction is likely to achieve a specific United 
     States foreign policy or national security objective within a 
     reasonable period of time, which shall be specified; and
       (ii) the achievement of the objectives of the sanction 
     outweighs any costs to United States national interests;
       (B) provide for contract sanctity;
       (C) terminate not later than 2 years after the sanction is 
     imposed, unless specifically extended by the President in 
     accordance with the procedures of this section;
       (D)(i) be targeted as narrowly as possible on foreign 
     governments, entities, and officials that are responsible for 
     the conduct being targeted; and
       (ii) seek to minimize any adverse impact on the 
     humanitarian activities of United States and foreign 
     nongovernmental organizations in a country against which the 
     sanction may be imposed; and

[[Page S8257]]

       (E) not include any restriction on the provision of 
     medicine, medical equipment, or food, other than restrictions 
     imposed in response to national security threats, where 
     multilateral sanctions are in place, or restrictions 
     involving a country where the United States is engaged in 
     armed conflict; and
       (2) should provide, to the extent that the Secretary of 
     Agriculture finds, that--
       (A) a new unilateral economic sanction is likely to 
     restrict exports of any agricultural commodity from the 
     United States or is likely to result in retaliation against 
     exports of any agricultural commodity from the United States, 
     and
       (B) the sanction is proposed to be imposed, or is likely to 
     be imposed, on a country or countries that constituted, in 
     the preceding calendar year, the market for more than 3 
     percent of all export sales from the United States of an 
     agricultural commodity,
     that the Secretary of Agriculture expand agricultural export 
     assistance under United States market development, food 
     assistance, or export promotion programs to offset the likely 
     damage to incomes of producers of the affected agricultural 
     commodity or commodities, to the maximum extent permitted by 
     law and by the obligations of the United States under the 
     Agreement on Agriculture referred to in section 101(d)(2) of 
     the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(2)).
       (e) Report by the President.--
       (1) In general.--Prior to imposing any new unilateral 
     economic sanction, the President shall provide a report to 
     the appropriate congressional committees on the proposed 
     sanction. The report shall include the report of the 
     International Trade Commission under subsection (g) (if 
     timely submitted prior to the filing of the report). The 
     President's report shall contain the following:
       (A) An explanation of the foreign policy or national 
     security objective or objectives intended to be achieved 
     through the proposed sanction.
       (B) An assessment of--
       (i) the likelihood that the proposed new unilateral 
     economic sanction will achieve its stated objectives within 
     the stated period of time; and
       (ii) the impact of the proposed new unilateral economic 
     sanction on--

       (I) humanitarian conditions, including the impact on 
     conditions in any specific countries on which the sanction is 
     proposed to be imposed;
       (II) humanitarian activities of United States and foreign 
     nongovernmental organizations;
       (III) relations with United States allies;
       (IV) other United States national security and foreign 
     policy interests; and
       (V) countries and entities other than those on which the 
     sanction is proposed to be imposed.

       (C) A description and assessment of--
       (i) diplomatic and other steps the United States has taken 
     to accomplish the intended objectives of the proposed 
     sanction;
       (ii) the likelihood of multilateral adoption of comparable 
     measures;
       (iii) comparable measures undertaken by other countries;
       (iv) alternative measures to promote the same objectives, 
     and an assessment of their potential effectiveness;
       (v) any obligations of the United States under 
     international treaties or trade agreements with which the 
     proposed sanction may conflict;
       (vi) the likelihood that the proposed sanction will lead to 
     retaliation against United States interests, including 
     agricultural interests; and
       (vii) whether the achievement of the objectives of the 
     proposed sanction outweighs any likely costs to United States 
     foreign policy, national security, economic, and humanitarian 
     interests, including any potential harm to United States 
     business, agriculture, and consumers, and any potential harm 
     to the international reputation of the United States as a 
     reliable supplier of products, technology, agricultural 
     commodities, and services.
       (2) Report on other sanctions.--In the case of any 
     unilateral economic sanction that is imposed after the date 
     of enactment of this Act, other than a new unilateral 
     economic sanction described in subsection (a)(1) or a 
     sanction that is a continuation of a sanction in effect on 
     the date of enactment of this Act, the President shall not 
     later than 30 days after imposing such sanction submit to 
     Congress a report described in paragraph (1) relating to such 
     sanction.
       (f) Report by the Secretary of Agriculture.--Prior to the 
     imposition of a new unilateral economic sanction by the 
     President, the Secretary of Agriculture shall submit to the 
     appropriate congressional committees a report that shall 
     contain an assessment of--
       (1) the extent to which any country or countries proposed 
     to be sanctioned are markets that accounted for, in the 
     preceding calendar year, more than 3 percent of all export 
     sales from the United States of any agricultural commodity;
       (2) the likelihood that exports of agricultural commodities 
     from the United States will be affected by the proposed 
     sanction or by retaliation by any country proposed to be 
     sanctioned, including specific commodities which are most 
     likely to be affected;
       (3) the likely effect on incomes of producers of the 
     specific commodities identified by the Secretary;
       (4) the extent to which the proposed sanction would permit 
     foreign suppliers to replace United States suppliers; and
       (5) the likely effect of the proposed sanction on the 
     reputation of United States farmers as reliable suppliers of 
     agricultural commodities in general, and of the specific 
     commodities identified by the Secretary.
       (g) Report by the United States International Trade 
     Commission.--Before imposing a new unilateral economic 
     sanction, the President shall make a timely request to the 
     United States International Trade Commission for a report on 
     the likely short-term and long-term costs of the proposed 
     sanction to the United States economy, including the 
     potential impact on United States trade performance, 
     employment, and growth, the international reputation of the 
     United States as a reliable supplier of products, 
     agricultural commodities, technology, and services, and the 
     economic well-being and international competitive position of 
     United States industries, firms, workers, farmers, and 
     communities.
       (h) Waiver in Case of National Emergency.--The President 
     may waive any of the requirements of subsections (a), (b), 
     (c), (d)(1)(B), (e)(1), (f), and (g), in the event that the 
     President determines that there exists a national emergency 
     that requires the exercise of the waiver. In the event of 
     such a waiver, the requirements waived shall be met during 
     the 60-day period immediately following the imposition of the 
     new unilateral economic sanction, and the sanction shall 
     terminate 90 days after being imposed unless such 
     requirements are met. The President may waive any of the 
     requirements of paragraphs (1)(B), (1)(D), (1)(E), and (2) of 
     subsection (d) in the event that the President determines 
     that the new unilateral economic sanction is related to 
     actual or imminent armed conflict involving the United 
     States.
       (i) Sanctions Review Committee.--
       (1) Establishment.--There is established within the 
     executive branch of Government an interagency committee, 
     which shall be known as the Sanctions Review Committee, which 
     shall have the responsibility of coordinating United States 
     policy regarding unilateral economic sanctions and of 
     providing appropriate recommendations to the President prior 
     to any decision regarding the implementation of any 
     unilateral economic sanction. The Committee shall be composed 
     of the following 11 members, and any other member the 
     President deems appropriate:
       (A) The Secretary of State.
       (B) The Secretary of the Treasury.
       (C) The Secretary of Defense.
       (D) The Secretary of Agriculture.
       (E) The Secretary of Commerce.
       (F) The Secretary of Energy.
       (G) The United States Trade Representative.
       (H) The Director of the Office of Management and Budget.
       (I) The Chairman of the Council of Economic Advisers.
       (J) The Assistant to the President for National Security 
     Affairs.
       (K) The Assistant to the President for Economic Policy.
       (2) Chair.--The President shall designate one of the 
     members specified in paragraph (1) to serve as Chair of the 
     Sanctions Review Committee.
       (j) Inapplicability of Other Provisions.--This section 
     applies notwithstanding any other provision of law.
       (k) Waiver of Advance Announcement Requirement.--The 
     President may waive the provisions of subsections (a)(1) and 
     (c) in the case of any new unilateral economic sanction that 
     involves freezing the assets of a foreign country or entity 
     (or in the case of any other sanction) if the President 
     determines that the national interest would be jeopardized by 
     the requirements of this section.

     SEC. 808. ANNUAL REPORTS.

       (a) Annual Report.--Not later than 6 months after the date 
     of enactment of this Act, and annually thereafter, unless 
     otherwise required under existing law, the President shall 
     submit to the appropriate congressional committees a report 
     detailing with respect to each country or entity against 
     which a unilateral economic sanction has been imposed--
       (1) the extent to which the sanction has achieved foreign 
     policy or national security objectives of the United States 
     with respect to that country or entity;
       (2) the extent to which the sanction has harmed 
     humanitarian interests in that country, the country in which 
     that entity is located, or in other countries; and
       (3) the impact of the sanction on other national security 
     and foreign policy interests of the United States, including 
     relations with countries friendly to the United States, and 
     on the United States economy.
       (b) Report by the United States International Trade 
     Commission.--Not later than 6 months after the date of 
     enactment of this Act, and annually thereafter, the United 
     States International Trade Commission shall report to the 
     appropriate congressional committees on the costs, 
     individually and in the aggregate, of all unilateral economic 
     sanctions in effect under United States law, regulation, or 
     Executive order. The calculation of such costs shall include 
     an assessment of the impact of such measures on the 
     international reputation of the United States as a reliable 
     supplier of products, agricultural commodities, technology, 
     and services.
       On page 60, strike lines 4 through 11 and insert the 
     following:

[[Page S8258]]

       Sec. 717. None of the funds made available by this Act may 
     be used to provide assistance under, or to pay the salaries 
     of personnel who carry out, a market promotion or market 
     access program pursuant to section 203 of the Agricultural 
     Trade Act of 1978 (7 U.S.C. 5623).
                                 ______
                                 

                 BRYAN (AND OTHERS) AMENDMENT NO. 3157

  Mr. BRYAN (for himself, Mr. Reid, Mr. Gregg, Mr. Feingold, and Mr. 
Kerry) proposed an amendment to the bill, S. 2159, supra; as follows:

                                 ______
                                 

                  DODD (AND OTHERS) AMENDMENT NO. 3158

  Mr. DODD (for himself, Mr. Warner, Mr. Roberts, Mr. Hagel, Mr. 
Dorgan, Mr. Grams, and Mr. Harkin) proposed an amendment to the bill, 
S. 2159, supra; as follows:

       At the appropriate place in the bill at the following new 
     section:
       Sec.  (A) Findings.--(1) Prohibiting or otherwise 
     restricting the donations or sales of food, other 
     agricultural products, medicines or medical equipment in 
     order to sanction a foreign government for actions or 
     policies that the United States finds objectionable 
     unnecessarily harms innocent populations in the targetted 
     country and rarely causes the sanctioned government to alter 
     its actions or policies.
       (2) For the United States as a matter of U.S. policy to 
     deny access to United States food, other agricultural 
     products, medicines, and medical equipment by innocent men, 
     women and children in other countries weakens the 
     international leadership and moral authority of the United 
     States.
       (3) Sanctions on the sale or donations of American food, 
     other agricultural products, medicine or medical equipment 
     needlessly harm American farmers and workers employed in 
     these sectors by foreclosing markets for these United States 
     products.
       (B)(1) Exclusion from Sanctions. Notwithstanding any other 
     provision of law, the President shall not restrict or 
     otherwise prohibit any exports (including financing) of food, 
     other agricultural products (including fertilizer), medicines 
     or medical equipment as part of any policy of existing or 
     future unilateral economic sanctions imposed against a 
     foreign government.
       (2) Exceptions. Section (B)(1) of this section shall not 
     apply to any regulations or restrictions of such products for 
     health or safety purposes or during periods of domestic 
     shortages of such products.
       (C) Effective date. This section shall take effect on the 
     date of enactment of this act.
                                 ______
                                 

                       ROBERTS AMENDMENT NO. 3159

  Mr. ROBERTS proposed an amendment to amendment No. 3158 proposed by 
Mr. Dodd to the bill, S. 2159, supra; as follows:

       Strike all after the first word in the pending amendment 
     and insert in lieu thereof the following:
       ``(A) Findings.--(1) Prohibiting or otherwise restricting 
     the donations or sales of food, other agricultural products, 
     medicines or medical equipment in order to sanction a foreign 
     government for actions or policies that the United States 
     finds objectionable unnecessarily harms innocent populations 
     in the targetted country and rarely causes the sanctioned 
     government to alter its actions or policies.
       (2) For the United States as a matter of U.S. policy to 
     deny access to United States food, other agricultural 
     products, medicines and medical equipment by innocent men, 
     women and children in other countries weakens the 
     international leadership and moral authority of the United 
     States.
       (3) Sanctions on the sale or donations of American food, 
     other agricultural products, medicine or medical equipment 
     needlessly harm American farmers and workers employed in 
     these sectors by foreclosing markets for these United States 
     products.
       (B)(1) Exclusion From Sanctions.--Notwithstanding any other 
     provision of law, the President shall not restrict or 
     otherwise prohibit any exports (including financing) of food, 
     other agricultural products (including fertilizer), medicines 
     or medical equipment as part of any policy of existing or 
     future unilateral economic sanctions imposed against a 
     foreign government.
       (2) Exceptions.--Section (B)(1) of this section shall not 
     apply to any regulations or restrictions with respect to such 
     products for health or safety purposes or during periods of 
     domestic shortages of such products.
       (C) Effective Date.--This section shall take effect one day 
     after the date of enactment of this section into law.''.
                                 ______
                                 

               TORRICELLI (AND GRAHAM) AMENDMENT NO. 3160

  Mr. TORRICELLI (for himself and Mr. Graham) proposed an amendment to 
amendment No. 3158 proposed by Mr. Dodd to the bill, S. 2159, supra; as 
follows:

       At the end of the amendment add the following:
       Notwithstanding any other provision of this section Section 
     B(2) shall read as follows:
       (2) Exceptions. Section (B)(1) of this section shall not 
     apply to any country that--
       (1) repeatedly provided support for acts of international 
     terrorism, within the meaning of section 6(j)(1)(A) of the 
     Export Administration Act of 1979 (50 U.S.C. App. 
     2405(j)(1)(A)); or
       (2) systematically denies access to food, medicine, or 
     medical care to persons on the basis of political beliefs or 
     as a means of coercion or punishment; or to
       (3)
                                 ______
                                 

                 KERREY (AND OTHERS) AMENDMENT NO. 3161

  Mr. KERREY (for himself, Mr. Daschle, Mr. Johnson, Mr. Conrad, Mr. 
Dorgan, Mr. Wellstone, Mr. Baucus, and Mr. Harkin) proposed an 
amendment to the bill, S. 2159, supra; as follows:

       On page 67, after line 23 add the following:

     SEC. 7____. LIVESTOCK INDUSTRY IMPROVEMENT.

       (a) Domestic Market Reporting.--
       (1) In general.--Section 203(g) of the Agricultural 
     Marketing Act of 1946 (7 U.S.C. 1622(g)) is amended--
       (A) by striking ``(g) To'' and inserting the following:
       ``(g) Collection and Dissemination of Marketing 
     Information.--
       ``(1) In general.--The Secretary shall''; and
       (B) by adding at the end the following:
       ``(2) Domestic market reporting.--
       ``(A) Mandatory reporting pilot program.--
       ``(i) In general.--The Secretary shall conduct a 3-year 
     pilot program under which the Secretary shall require any 
     person or class of persons engaged in the business of buying, 
     selling, or marketing livestock, livestock products, meat, or 
     meat products in an unmanufactured form to report to the 
     Secretary in such manner as the Secretary shall require, such 
     information relating to prices and the terms of sale for the 
     procurement of livestock, livestock products, meat, or meat 
     products in an unmanufactured form as the Secretary 
     determines is necessary to carry out this subsection.
       ``(ii) Noncompliance.--It shall be unlawful for a person 
     engaged in the business of buying, selling, or marketing 
     livestock, livestock products, meat, or meat products in an 
     unmanufactured form to knowingly fail or refuse to provide to 
     the Secretary information required to be reported under 
     subparagraph (A).
       ``(iii) Cease and Desist and Civil Penalty.--

       ``(I) In general.--If the Secretary has reason to believe 
     that a person engaged in the business of buying, selling, or 
     marketing livestock, livestock products, meat, or meat 
     products in an unmanufactured form is violating the 
     provisions of subparagraph (A) (or regulation promulgated 
     under subparagraph (A)), the Secretary after notice and 
     opportunity for hearing, may make an order to cease and 
     desist from continuing the violation and assess a civil 
     penalty of not more than $10,000 for each violation.
       ``(II) Considerations.--In determining the amount of a 
     civil penalty to be assessed under clause (i), the Secretary 
     shall consider the gravity of the offense, the size of the 
     business involved, and the effect of the penalty on the 
     ability of the person to continue in business.

       ``(iv) Referral to attorney general.--If, after expiration 
     of the period for appeal or after the affirmance of a civil 
     penalty assessed under clause (iii), the person against whom 
     the civil penalty is assessed fails to pay the civil penalty, 
     the Secretary may refer the matter to the Attorney General, 
     who may recover the amount of the civil penalty in a civil 
     action in United States district court.
       ``(B) Voluntary reporting.--The Secretary shall encourage 
     voluntary reporting by persons engaged in the business of 
     buying, selling, or marketing livestock, livestock products, 
     meats, or meat products in an unmanufactured form that are 
     not subjected to a mandatory reporting requirement under 
     subparagraph (A).
       ``(C) Availability of information.--The Secretary shall 
     make information received under this paragraph available to 
     the public only in a form that ensures that--
       ``(i) the identity of the person submitting a report is not 
     disclosed; and
       ``(ii) the confidentiality of proprietary business 
     information is otherwise protected.
       ``(D) Effect on other laws.--Nothing in this paragraph 
     restricts or modifies the authority of the Secretary to 
     collect voluntary reports in accordance with other provisions 
     of law.''.
       (2) Technical amendment.--Section 203 of the Agricultural 
     Marketing Act of 1946 (7 U.S.C. 1622) is amended--
       (A) by striking ``The Secretary is directed and 
     authorized:''; and
       (B) in the first sentence of each of subsections (a) 
     through (f) and subsections (h) through (n), by striking 
     ``To'' and inserting ``The Secretary shall''.
       (b) 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:

[[Page S8259]]

       ``(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.''.
       (c) Protection of Livestock Producers Against Retaliation 
     by Packers.--
       (1) Retaliation prohibited.--Section 202(b) of the Packers 
     and Stockyards Act, 1921 (7 U.S.C. 192(b)), is amended--
       (A) by striking ``or subject'' and inserting ``subject''; 
     and
       (B) 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''.
       (2) 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.''.
       (3) 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.''.
       (d) 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.
                                 ______
                                 

                  GRAHAM (AND MACK) AMENDMENT NO. 3162

  Mr. GRAHAM (for himself and Mr. Mack) proposed an amendment to the 
bill, S. 2159, supra; as follows:

       On page 29, after line 21, add the following:


                          disaster assistance

       For necessary expenses to provide assistance to 
     agricultural producers in a county with respect to which a 
     disaster or emergency was declared by the President or the 
     Secretary of Agriculture by July 15, 1998, as a result of 
     drought and fire, through--
       (1) the forestry incentives program established under the 
     Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 
     et seq.), $9,000,000;
       (2) a livestock indemnity program carried out in accordance 
     with part 1439 of title 7, Code of Federal Regulations, 
     $300,000;
       (3) the emergency conservation program authorized under 
     sections 401, 402, and 404 of the Agricultural Credit Act of 
     1978 (16 U.S.C. 2201, 2202, 2204), $2,000,000; and
       (4) the disaster reserve assistance program established 
     under section 813 of the Agricultural Act of 1970 (7 U.S.C. 
     1427a), $10,000,000;
     to remain available until expended: Provided, That the entire 
     amount shall be available only to the extent that the 
     President submits to Congress an official budget request for 
     a specific dollar amount that includes designation of the 
     entire amount of the request as an emergency requirement for 
     the purposes of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 900 et seq.): Provided further, 
     That the entire amount of funds necessary to carry out this 
     paragraph is designated by Congress as an emergency 
     requirement under section 251(b)(2)(A) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)).
                                 ______
                                 

                      COVERDELL AMENDMENT NO. 3163

  Mr. COCHRAN (for Mr. Coverdell) proposed an amendment to the bill, S. 
2159, supra; as follows:

       On page 14, line 17 before the period, insert the 
     following:
       ``: Provided, That of the $2,000,000 made available for a 
     food safety competitive research program at least $550,000 
     shall be available for research on E.coli:0157H7.
                                 ______
                                 

               DeWINE (AND HUTCHINSON) AMENDMENT NO. 3164

  Mr. COCHRAN (for Mr. DeWine for himself and Mr. Hutchinson) proposed 
an amendment to the bill, S. 2159, supra; as follows:

       At the appropriate place in title VII, insert the 
     following:

     SEC. ____. METERED-DOSE INHALERS.

       (a) Findings.--Congress finds that--
       (1) the Montreal Protocol on Substances That Deplete the 
     Ozone Layer (referred to in this section as the ``Montreal 
     Protocol'') requires the phaseout of products containing 
     ozone-depleting substances, including chloroflourocarbons;
       (2) the primary remaining legal use in the United States of 
     newly produced chloroflourocarbons is in metered-dose 
     inhalers;
       (3) treatment with metered-dose inhalers is the preferred 
     treatment for many patients with asthma and chronic 
     obstructive pulmonary disease;
       (4) the incidence of asthma and chronic obstructive 
     pulmonary disease is increasing in children and is most 
     prevalent among low-income persons in the United States;
       (5) the Parties to the Montreal Protocol have called for 
     development of national transition strategies to non-
     chloroflourocarbon metered-dose inhalers;
       (6) the Commissioner of Food and Drugs published an advance 
     notice of proposed rulemaking that suggested a tentative 
     framework for how to phase out the use of metered-dose 
     inhalers that contain chloroflourocarbons in the Federal 
     Register on March 6, 1997, 62 Fed. Reg. 10242 (referred to in 
     this section as the ``proposal''); and
       (7) the medical and patient communities, while calling for 
     a formal transition strategy issued by the Food and Drug 
     Administration by rulemaking, have expressed serious concerns 
     that the proposal, if implemented without change, could 
     potentially place some patients at risk by causing the 
     removal of metered-dose inhalers containing 
     chloroflourocarbons from the market before adequate non-
     chlorofluorocarbon replacements are available.
     (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Food and Drug Administration should, in 
     consultation with the Environmental Protection Agency, assess 
     the risks and benefits to the environment and to patient 
     health of the proposal and any alternatives;
       (2) in conducting such assessments, the Food and Drug 
     Administration should consult with patients, physicians, 
     other health care providers, manufacturers of metered-dose 
     inhalers, and other interested parties;
       (3) using the results of these assessments and the 
     information contained in the comments FDA has received on the 
     proposal, the Food and Drug Administration should promptly 
     issue a rule ensuring that a range of non-chloroflourocarbon 
     metered-dose inhaler alternatives is available for users, 
     comparable to existing treatments in terms of safety, 
     efficacy, and other appropriate parameters necessary to meet 
     patient needs, which rule should not be based on a 
     therapeutic class phaseout approach; and
       (4) the Food and Drug Administration should issue a 
     proposed rule described in paragraph (3) not later than May 
     1, 1999.
                                 ______
                                 

                HARKIN (AND GRASSLEY) AMENDMENT NO. 3165

  Mr. COCHRAN (for Mr. Harkin for himself and Mr. Grassley) proposed an 
amendment to the bill, S. 2159, supra; as follows:

       On page 20, line 7, strike ``expended'' and insert: 
     ``expended: Provided, That the Animal and Plant Health 
     Inspection Service shall enter into a cooperative agreement 
     for construction of a Federal large animal biosafety level-3 
     containment facility in Iowa''.
                                 ______
                                 

                       COCHRAN AMENDMENT NO. 3166

  Mr. COCHRAN proposed an amendment to the bill, S. 2159, supra; as 
follows:

       On page 31, line 4, after strike ``$638,231,000'' and inset 
     in lieu thereof ``$638,664,000''.
                                 ______
                                 

               KEMPTHORNE (AND OTHERS) AMENDMENT NO. 3167

  Mr. COCHRAN (for Mr. Kempthorne for himself, Mr. Baucus, Mr. Craig, 
Mr. Johnson, Mr. Thomas, Mr. Faircloth,

[[Page S8260]]

and Mr. Dorgan) proposed an amendment to the bill, S. 2159, supra; as 
follows:

       On page 14, line 5, after the semicolon, insert 
     ``$1,000,000 for a secondary agriculture education program (7 
     U.S.C. 3152(h));''.
       On page 14, line 17, strike ``$436,082,000'' and insert 
     ``$437,082,000.''
       On page 35, line 7, strike ``$703,601,000'' and insert 
     ``$702,601,000.''
                                 ______
                                 

                        BRYAN AMENDMENT NO. 3168

  Mr. COCHRAN (for Mr. Bryan) proposed an amendment to the bill, S. 
2159, supra; as follows:

       On page 67, after line 23, add the following:

     SEC. 7____. REPORT ON MARKET ACCESS PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Agriculture, in 
     consultation with the Comptroller General of the United 
     States, shall submit to the committees of Congress specified 
     in subsection (c) a report that, as determined by the 
     Secretary--
       (1)(A) analyzes the costs and benefits of programs carried 
     out under that section in compliance with the cost-benefit 
     analysis guidelines established by the Office of Management 
     and Budget in Circular A-94, dated October 29, 1992; and
       (B) in any macroeconomic studies, treats resources in the 
     United States as if the resources were likely to be fully 
     employed;
       (2) considers all potential costs and benefits of the 
     programs carried out under that section, specifically noting 
     potential distortions in the economy that could lower 
     national output of goods and services and employment;
       (3) estimates the impact of programs carried out under that 
     section on the agricultural sector and on consumers and other 
     sectors of the economy in the United States;
       (4) considers costs and benefits of operations relating to 
     alternative uses of the budget for the programs under that 
     section;
       (5)(A) analyzes the relation between the priorities and 
     spending levels of programs carried out under that section 
     and the privately funded market promotion activities 
     undertaken by participants in the programs; and
       (B) evaluates the spending additionality for participants 
     resulting from the program;
       (6) conducts an analysis of the amount of export 
     additionality for activities financed under programs carried 
     out under that section in sponsored countries controlling for 
     relevant variables, including--
       (A) information on the levels of private expenditures for 
     promotion;
       (B) government promotion by competitor nations;
       (C) changes in foreign and domestic supply conditions;
       (D) changes in exchange rates; and
       (E) the effect of ongoing trade liberalization;
       (7) provides an evaluation of the sustainability of 
     promotional effort in sponsored markets for recipients in the 
     absence of government subsidies.
       (b) Evaluation by Comptroller General.--The Comptroller 
     General of the United States shall submit an evaluation of 
     the report to the committees specified in subsection (C).
       (c) Committees of Congress.--The committees of Congress 
     referred to in subsection (a) are--
       (1) the Committee on Agriculture of the House of 
     Representatives and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate; and
       (2) the Committee on Appropriations of the House of 
     Representatives and the Committee on Appropriations of the 
     Senate.
                                 ______
                                 

                  GRAHAM (AND MACK) AMENDMENT NO. 3169

  Mr. COCHRAN (for Mr. Graham, for himself and Mr. Mack) proposed an 
amendment to the bill, S. 2159, supra; as follows:

       On page 19, line 10, before the period, insert the 
     following: ``: Provided further, That, of the amounts made 
     available under this heading, not less than $22,970,000 shall 
     be used for fruit fly exclusion and detection''.
       On page 19, line 23, strike ``$95,000,000'' and insert 
     ``$93,000,000''.
                                 ______
                                 

                 JOHNSON (AND BURNS) AMENDMENT NO. 3170

  Mr. COCHRAN (for Mr. Johnson for himself and Mr. Burns) proposed an 
amendment to the bill, S. 2159, supra; as follows:

       On page 67, after line 23 add the following:

                       TITLE VIII--MEAT LABELING

     SEC. 801. DEFINITIONS.

       Section 1 of the Federal Meat Inspection Act (21 U.S.C. 
     601) is amended by adding at the end the following:
       ``(w) Beef.--The term `beef'' means meat produced from 
     cattle (including veal).
       ``(x) Lamb.--The term `lamb' means meat, other than mutton, 
     produced from sheep.
       ``(y) Beef blended with imported meat.--The term `beef 
     blended with imported meat' means ground beef, or beef in 
     another meat food product that contains United States beef 
     and any imported meat.
       ``(z) Lamb blended with imported meat.--The term `lamb 
     blended with imported meat' means ground meat, or lamb in 
     another meat food product, that contains United States lamb 
     and any imported meat.
       ``(aa) Imported beef.--The term `imported beef' means any 
     beef, including any fresh muscle cuts, ground meat, 
     trimmings, and beef in another meat food product, that is not 
     United States beef, whether or not the beef is graded with a 
     quality grade issued by the Secretary.
       ``(bb) Imported lamb.--The term `imported lamb' means any 
     lamb, including any fresh muscle cuts, ground meat, 
     trimmings, and lamb in another meat food product, that is not 
     United States lamb, whether or not the lamb is graded with a 
     quality grade issued by the Secretary.
       ``(cc) United states beef.--
       ``(1) In general.--The term `United States beef' means beef 
     produced from cattle slaughtered in the United States.
       ``(2) Exclusions.--The term `United States beef' does not 
     include--
       ``(A) beef produced from cattle imported into the United 
     States in sealed trucks for slaughter;
       ``(B) beef produced from imported carcasses;
       ``(C) imported beef trimmings; or
       ``(D) imported boxed beef.
       ``(dd) United states lamb.--
       ``(1) In general.--The term `United States lamb' means 
     lamb, except mutton, produced from sheep slaughtered in the 
     United States.
       ``(2) Exclusions.--The term `United States lamb' does not 
     include--
       ``(A) lamb produced from sheep imported into the United 
     States in sealed trucks for slaughter;
       ``(B) lamb produced from an imported carcass;
       ``(C) imported lamb trimmings; or
       ``(D) imported boxed lamb.''.

     SEC. 802. LABELING OF IMPORTED MEAT AND MEAT FOOD PRODUCTS.

       (a) Labeling Requirement.--
       (1) In general.--Section 1(n) of the Federal Meat 
     Inspection Act (21 U.S.C. 601(n)) is amended by adding at the 
     end the following:
       ``(13)(A) If it is imported beef or imported lamb offered 
     for retail sale as fresh muscle cuts of beef or lamb and is 
     not accompanied by labeling that identifies it as imported 
     beef or imported lamb.
       ``(B) If it is United States beef or United States lamb 
     offered for retail sale, or offered and intended for export 
     as fresh muscle cuts of beef or lamb, and is not accompanied 
     by labeling that identifies it as United States beef or 
     United States lamb.
       ``(C) If it is United States or imported ground beef or 
     other processed beef or lamb product and is not accompanied 
     by labeling that identifies it as United States beef or 
     United States lamb, imported beef or imported lamb, beef 
     blended with imported meat or lamb blended with imported 
     meat, or other designation that identifies the percentage 
     content of United States beef and imported beef United States 
     lamb and imported lamb or contained in the product, as 
     determined by the Secretary under section 7(g).''.
       (2) Conforming amendment.--Section 20(a) of the Federal 
     Meat Inspection Act (21 U.S.C. 620(a)) is amended by adding 
     at the end the following: ``All imported beef or imported 
     lamb offered for retail sale as fresh muscle cuts of beef or 
     lamb shall be plainly and conspicuously marked, labeled, or 
     otherwise identified as imported beef or imported lamb.''.
       (b) Ground or Processed Beef and Lamb.--Section 7 of the 
     Federal Meat Inspection Act (21 U.S.C. 607) is amended by 
     adding at the end the following:
       ``(g) Ground or Processed Beef and Lamb.--
       ``(1) Voluntary labeling.--Subject to paragraph (2), the 
     Secretary shall provide by regulation for the voluntary 
     labeling or identification of ground beef or lamb, other 
     processed beef or lamb products as United States beef or 
     United States lamb, imported beef or imported lamb, beef 
     blended with imported meat or lamb blended with imported 
     meat, or other designation that identifies the percentage 
     content of United States and imported beef or imported lamb 
     contained in the product, as determined by the Secretary.
       ``(2) Mandatory labeling.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not later than 18 months after the date of enactment of this 
     subsection, the Secretary shall provide by regulation for the 
     mandatory labeling or identification of ground beef or lamb, 
     other processed beef or lamb products as United States beef 
     or United States lamb, imported beef or imported lamb, beef 
     blended with imported meat or lamb blended with imported 
     meat, or other designation that identifies the percentage 
     content of United States and imported beef or imported lamb 
     contained in the product, as determined by the Secretary.
       ``(B) Application.--Subparagraph (A) shall not apply to the 
     extent the Secretary determines that the costs associated 
     with labeling under subparagraph (A) would result in an 
     unreasonable burden on producers, processors, retailers, or 
     consumers.''.
       (c) Ground Beef and Ground Lamb Labeling Study.--
       (1) In general.--The Secretary of Agriculture shall conduct 
     a study of the effects of the mandatory use of imported, 
     blended, or percentage content labeling on ground beef, 
     ground lamb, and other processed beef or lamb products made 
     from imported beef or imported lamb.

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       (2) Costs and responses.--The study shall be designed to 
     evaluate the costs associated with and consumer response 
     toward the mandatory use of labeling described in paragraph 
     (1).
       (3) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall report the 
     findings of the study conducted under paragraph (1) to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate.

     SEC. 803. REGULATIONS.

       Not later than 120 days after the date of enactment of this 
     Act, the Secretary of Agriculture shall promulgate final 
     regulations to carry out the amendments made by this title.

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