§ 1736r. — Trade negotiations policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1736r]
TITLE 7--AGRICULTURE
CHAPTER 41--AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
SUBCHAPTER IV--GENERAL AUTHORITIES AND REQUIREMENTS
Sec. 1736r. Trade negotiations policy
(a) Findings
Congress finds that--
(1) on a level playing field, United States producers are the
most competitive suppliers of agricultural products in the world;
(2) exports of United States agricultural products accounted for
$54,000,000,000 in 1995, contributing a net $24,000,000,000 to the
merchandise trade balance of the United States and supporting
approximately 1,000,000 jobs;
(3) increased agricultural exports are critical to the future of
the farm, rural, and overall United States economy, but the
opportunities for increased agricultural exports are limited by the
unfair subsidies of the competitors of the United States, and a
variety of tariff and nontariff barriers to highly competitive
United States agricultural products;
(4) international negotiations can play a key role in breaking
down barriers to United States agricultural exports;
(5) the Uruguay Round Agreement on Agriculture made significant
progress in the attainment of increased market access opportunities
for United States exports of agricultural products, for the first
time--
(A) restraining foreign trade-distorting domestic support
and export subsidy programs; and
(B) developing common rules for the application of sanitary
and phytosanitary restrictions;
that should result in increased exports of United States
agricultural products, jobs, and income growth in the United States;
(6) the Uruguay Round Agreement on Agriculture did not succeed
in completely eliminating trade distorting domestic support and
export subsidies by--
(A) allowing the European Union to continue unreasonable
levels of spending on export subsidies; and
(B) failing to discipline monopolistic state trading
entities, such as the Canadian Wheat Board, that use
nontransparent and discriminatory pricing as a hidden de facto
export subsidy;
(7) during the period 1996 through 2002, there will be several
opportunities for the United States to negotiate fairer trade in
agricultural products, including further negotiations under the
World Trade Organization, and steps toward possible free trade
agreements of the Americas and Asian-Pacific Economic Cooperation
(APEC); and
(8) the United States should aggressively use these
opportunities to achieve more open and fair opportunities for trade
in agricultural products.
(b) Goals of the United States in agricultural trade negotiations
The objectives of the United States with respect to future
negotiations on agricultural trade include--
(1) increasing opportunities for United States exports of
agricultural products by eliminating tariff and nontariff barriers
to trade;
(2) leveling the playing field for United States producers of
agricultural products by limiting per unit domestic production
supports to levels that are no greater than those available in the
United States;
(3) ending the practice of export dumping by eliminating all
trade distorting export subsidies and disciplining state trading
entities so that they do not (except in cases of bona fide food aid)
sell in foreign markets at prices below domestic market prices or
prices below their full costs of acquiring and delivering
agricultural products to the foreign markets; and
(4) encouraging government policies that avoid price-depressing
surpluses.
(Pub. L. 99-198, title XI, Sec. 1123, Dec. 23, 1985, 99 Stat. 1481; Pub.
L. 104-127, title II, Sec. 269, Apr. 4, 1996, 110 Stat. 975.)
Codification
Section was enacted as part of the Food Security Act of 1985, and
not as part of the Agricultural Trade Development and Assistance Act of
1954 which comprises this chapter.
Amendments
1996--Pub. L. 104-127 amended section generally, substituting
present provisions for provisions relating to initiation and pursuit of
agricultural trade consultations among major agricultural producing
countries, providing for sense of Congress concerning objectives of such
consultations, and requiring annual reports by Secretary of Agriculture
on progress of such consultations.
Agricultural Trade Negotiating Objectives and Consultations With
Congress
Pub. L. 106-200, title IV, Sec. 409, May 18, 2000, 114 Stat. 295,
provided that:
``(a) Findings.--Congress finds that--
``(1) United States agriculture contributes positively to the
United States balance of trade and United States agricultural
exports support in excess of 1,000,000 United States jobs;
``(2) United States agriculture competes successfully worldwide
despite the fact that United States producers are at a competitive
disadvantage because of the trade distorting support and subsidy
practices of other countries and despite the fact that significant
tariff and nontariff barriers exist to United States exports; and
``(3) a successful conclusion of the current World Trade
Organization agricultural negotiations is critically important to
the United States agricultural sector.
``(b) Objectives.--The agricultural trade negotiating objectives of
the United States with respect to the current World Trade Organization
agricultural negotiations include as matters of the highest priority--
``(1) the expeditious elimination of all export subsidies
worldwide while maintaining bona fide food aid and preserving United
States market development and export credit programs that allow the
United States to compete with other foreign export promotion
efforts;
``(2) leveling the playing field for United States producers of
agricultural products by eliminating blue box subsidies and
disciplining domestic supports in a way that forces producers to
face world prices on all production in excess of domestic food
security needs while allowing the preservation of nontrade
distorting programs to support family farms and rural communities;
``(3) the elimination of state trading enterprises or the
adoption of rigorous disciplines that ensure operational
transparency, competition, and the end of discriminatory pricing
practices, including policies supporting cross-subsidization and
price undercutting in export markets;
``(4) affirming that the World Trade Organization Agreement on
the Application of Sanitary and Phytosanitary Measures applies to
new technologies, including biotechnology, and that labeling
requirements to allow consumers to make choices regarding
biotechnology products or other regulatory requirements may not be
used as disguised barriers to trade;
``(5) increasing opportunities for United States exports of
agricultural products by reducing tariffs to the same levels that
exist in the United States or to lower levels and by eliminating all
nontariff barriers, including--
``(A) restrictive or trade distorting practices, including
those that adversely impact perishable or cyclical products;
``(B) restrictive rules in the administration of tariff-rate
quotas; and
``(C) other barriers to agriculture trade, including
unjustified restrictions or commercial requirements affecting
new technologies, including biotechnology;
``(6) eliminating government policies that create price-
depressing surpluses; and
``(7) strengthening dispute settlement procedures to ensure
prompt compliance by foreign governments with their World Trade
Organization obligations including commitments not to maintain
unjustified restrictions on United States exports.
``(c) Consultation With Congressional Committees.--
``(1) Consultation before offer made.--In developing and before
submitting an initial or revised negotiating proposal that would
reduce United States tariffs on agricultural products or require a
change in United States agricultural law, the United States Trade
Representative shall consult with the Committee on Agriculture,
Nutrition, and Forestry and the Committee on Finance of the Senate
and the Committee on Agriculture and the Committee on Ways and Means
of the House of Representatives.
``(2) Consultation with congressional trade advisers.--Prior to
and during the course of current negotiations on agricultural trade,
the United States Trade Representative shall consult closely with
the congressional trade advisers.
``(3) Consultation before agreement initialed.--Not less than 48
hours before initialing an agreement reached as part of current
World Trade Organization agricultural negotiations, the United
States Trade Representative shall consult closely with the
committees referred to in paragraph (1) regarding--
``(A) the details of the agreement;
``(B) the potential impact of the agreement on United States
agricultural producers; and
``(C) any changes in United States law necessary to
implement the agreement.
``(4) Disclosure of commitments.--Any agreement or other
understanding addressing agricultural trade with a foreign
government or governments (whether oral or in writing) that relates
to a trade agreement with respect to which Congress must enact
implementing legislation and that is not disclosed to Congress
before legislation implementing that agreement is introduced in
either House of Congress shall not be considered to be part of the
agreement approved by Congress and shall have no force and effect
under United States law or in any dispute settlement body.
``(d) Sense of the Congress.--It is the sense of the Congress that--
``(1) granting the President trade negotiating authority is
essential to the successful conclusion of the new round of World
Trade Organization agricultural negotiations;
``(2) reaching a successful agreement on agriculture should be
the top priority of United States negotiators; and
``(3) if by the conclusion of the negotiations, the primary
agricultural competitors of the United States do not agree to reduce
their trade distorting domestic supports and eliminate export
subsidies in accordance with the negotiating objectives expressed in
this section, the United States should take steps to increase the
leverage of United States negotiators and level the playing field
for United States producers.''
