S.Amdt. 2814

1. Adds TITLE V--IDENTIFICATION OF COUNTRIES THAT DENY MARKET ACCESS FOR AGRICULTURAL PRODUCTS at the end of the bill

   Adds a title

   In S. 1637 · Reported to Senate

   (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2003.

   Inserted: TITLE V--IDENTIFICATION OF COUNTRIES THAT DENY MARKET ACCESS FOR AGRICULTURAL PRODUCTS

   Inserted: SEC. 501. SHORT TITLE.

   Inserted: This title may be cited as the "United States Agricultural Products Market Access Act of 2004".

   Inserted: SEC. 502. FINDINGS; PURPOSES.

   Inserted: (a) Findings.--Congress makes the following findings:

   Inserted: (1) The export of agricultural products is of vital importance to the economy of the United States.

   Inserted: (2) In 2002, agriculture was a large positive contributor to the United States merchandise trade balance with a trade surplus of $12,300,000,000.

   Inserted: (3) The growth of United States agricultural exports should continue to be an important factor in improving the United States merchandise trade balance.

   Inserted: (4) Increasing the volume of agricultural exports will increase farm income in the United States, thereby protecting family farms and contributing to the economic well-being of rural communities in the United States.

   Inserted: (5) Although the United States efficiently produces high-quality agricultural products, United States producers cannot realize their full export potential because many foreign countries deny fair and equitable market access to United States agricultural products.

   Inserted: (6) The Foreign Agricultural Service estimates that United States agricultural exports are reduced by $4,700,000,000 annually due to unjustifiable imposition of sanitary and phytosanitary measures that deny or limit market access to United States products.

   Inserted: (7) The denial of fair and equitable market access for United States agricultural products impedes the ability of United States farmers to export their products, thereby harming the economic interests of the United States.

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   Inserted: (b) Purposes.--The purposes of this Act are--

   Inserted: (1) to reduce or eliminate foreign unfair trade practices and to remove constraints on fair and open trade in agricultural products;

   Inserted: (2) to ensure fair and equitable market access for exports of United States agricultural products; and

   Inserted: (3) to promote free and fair trade in agricultural products.

   Inserted: SEC. 503. IDENTIFICATION OF COUNTRIES THAT DENY MARKET ACCESS.

   Inserted: (a) Identification Required.--Chapter 8 of title I of the Trade Act of 1974 (19 U.S.C. 2241 et seq.) is amended by adding at the end the following:

   Inserted: "SEC. 183. IDENTIFICATION OF COUNTRIES THAT DENY MARKET ACCESS FOR AGRICULTURAL PRODUCTS.

   Inserted: "(a) In General.--Not later than the date that is 30 days after the date on which the annual report is required to be submitted to Congressional committees under section 181(b), the United States Trade Representative (in this section referred to as the 'Trade Representative') shall identify--

   Inserted: "(1) those foreign countries that--

   Inserted: "(A) deny fair and equitable market access to United States agricultural products, or

   Inserted: "(B) apply sanitary or phytosanitary measures to the importation of agricultural products from the United States that are not based on scientific principles or sufficient scientific evidence, and

   Inserted: "(2) those foreign countries identified under paragraph (1) that are determined by the Trade Representative to be priority foreign countries.

   Inserted: "(b) Special Rules for Identifications.--

   Inserted: "(1) Criteria.--In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall only identify those foreign countries--

   Inserted: "(A) that engage in or have the most onerous or egregious acts, policies, or practices that deny fair and equitable market access to United States agricultural products,

   Inserted: "(B) whose acts, policies, or practices described in subparagraph (A) have the greatest adverse impact (actual or potential) on the relevant United States products, and

   Inserted: "(C) that are not--

   Inserted: "(i) entering into good faith negotiations, or

   Inserted: "(ii) making significant progress in bilateral or multilateral negotiations, to provide fair and equitable market access to United States agricultural products.

   Inserted: "(2) Consultation and consideration requirements.--In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall--

   Inserted: "(A) consult with the Secretary of Agriculture and other appropriate officers of the Federal Government, and

   Inserted: "(B) take into account information from such sources as may be available to the Trade Representative and such information as may be submitted to the Trade Representative by interested persons, including information contained in reports submitted under section 181(b) and petitions submitted under section 302.

   Inserted: "(3) Factual basis requirement.--The Trade Representative may identify a foreign country under subsection (a)(1) only if the Trade Representative finds that there is a factual basis for the denial of fair and equitable market access as a result of the violation of international law or agreement, or the existence of barriers, referred to in subsection (d).

   Inserted: "(4) Consideration of historical factors.--In identifying foreign countries under paragraphs (1) and (2) of subsection (a), the Trade Representative shall take into account--

   Inserted: "(A) the history of agricultural trade relations with the foreign country, including any previous identification under subsection (a)(2), and

   Inserted: "(B) the history of efforts of the United States, and the response of the foreign country, to achieve fair and equitable market access for United States agricultural products.

   Inserted: "(c) Revocations and Additional Identifications.--

   Inserted: "(1) Authority to act at any time.--If information available to the Trade Representative indicates that such action is appropriate, the Trade Representative may at any time--

   Inserted: "(A) revoke the identification of any foreign country as a priority foreign country under this section, or

   Inserted: "(B) identify any foreign country as a priority foreign country under this section.

   Inserted: "(2) Revocation reports.--The Trade Representative shall include in the semiannual report submitted to the Congress under section 309(3) a detailed explanation of the reasons for the revocation under paragraph (1) of the identification of any foreign country as a priority foreign country under this section.

   Inserted: "(d) Denial of Fair and Equitable Market Access Defined.--For purposes of this section, a foreign country denies fair and equitable market access if the foreign country effectively denies access to a market for a product through the use of laws, procedures, practices, or regulations which--

   Inserted: "(1) violate provisions of international law or international agreements to which both the United States and the foreign country are parties, or

   Inserted: "(2) constitute discriminatory nontariff trade barriers.

   Inserted: "(e) Publication.--The Trade Representative shall publish in the Federal Register a list of foreign countries identified under subsection (a) and shall make such revisions to the list as may be required by reason of the action under subsection (c).

   Inserted: "(f) Annual Report.--The Trade Representative shall, not later than the date by which countries are identified under subsection (a), transmit to the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report on the actions taken under this section during the 12 months preceding such report, and the reasons for such actions, including a description of progress made in achieving fair and equitable market access for United States agricultural products.".

   Inserted: (b) Clerical Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 182 the following:

   Inserted: "Sec. 183. Identification of countries that deny market access for agricultural products.".

   Inserted: (c) Additional Staff for Office of Assistant Trade Representative for Agricultural Affairs and Office of Assistant Trade Representative for Monitoring and Enforcement.--

   Inserted: (1) In general.--There is authorized to be appropriated such sums as may be necessary for fiscal year 2005 for the salaries and expenses of 1 additional specialist employee position within the Office of the Assistant United States Trade Representative for Agricultural Affairs and 1 additional specialist employee position within the Office of the Assistant United States Trade Representative for Monitoring and Enforcement.

   Inserted: (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.

   Inserted: SEC. 504. INVESTIGATIONS.

   Inserted: (a) Investigation Required.--Subparagraph (A) of section 302(b)(2) of the Trade Act of 1974 (19 U.S.C. 2412(b)(2)) is amended by inserting "or 183(a)(2)" after "section 182(a)(2)" in the matter preceding clause (i).

   Inserted: (b) Conforming Amendment.--Subparagraph (D) of section 302(b)(2) of such Act is amended by inserting "concerning intellectual property rights that is" after "any investigation".

   Original wording

   At the end of the bill, add the following:

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As printed