[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3140 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 3140
To provide stability in the United States agriculture sector and to
promote adequate availability of food and medicine for humanitarian
assistance abroad by requiring congressional approval before the
imposition of any unilateral agricultural or medical sanction against a
foreign country or foreign entity.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 25, 1999
Mr. Nethercutt (for himself, Mrs. Emerson, Ms. DeLauro, Mr. Hinchey,
Mr. Sessions, Mr. Ney, Mr. Metcalf, Mr. Lampson, Mr. Berry, Mr. Barrett
of Nebraska, Mr. Serrano, Mr. Moran of Kansas, Ms. Danner, Mr. Talent,
Mr. Hastings of Washington, Mr. Simpson, Mr. Hulshof, Mr. Blunt, Mr.
Smith of Washington, Mr. Leach, Mr. Chambliss, Mr. John, Mr. Rangel,
Ms. Dunn, and Mr. Condit) introduced the following bill; which was
referred to the Committee on International Relations, and in addition
to the Committees on Rules, and Agriculture, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide stability in the United States agriculture sector and to
promote adequate availability of food and medicine for humanitarian
assistance abroad by requiring congressional approval before the
imposition of any unilateral agricultural or medical sanction against a
foreign country or foreign entity.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food and Medicine for the World
Act''.
SEC. 2. REQUIREMENT OF CONGRESSIONAL APPROVAL OF ANY UNILATERAL
AGRICULTURAL OR MEDICAL SANCTION.
(a) Definitions.--In this section:
(1) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given the term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(2) Agricultural program.--The term ``agricultural
program'' means--
(A) any program administered under the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C.
1691 et seq.);
(B) any program administered under section 416 of
the Agricultural Act of 1949 (7 U.S.C. 1431);
(C) any program administered under the Agricultural
Trade Act of 1978 (7 U.S.C. 5601 et seq.);
(D) the dairy export incentive program administered
under section 153 of the Food Security Act of 1985 (15
U.S.C. 713a-14);
(E) any commercial export sale of agricultural
commodities; or
(F) any export financing (including credits or
credit guarantees) provided by the United States
Government for agricultural commodities.
(3) Joint resolution.--The term ``joint resolution''
means--
(A) in the case of subsection (b)(1)(B), only a
joint resolution introduced within 10 session days of
Congress after the date on which the report of the
President under subsection (b)(1)(A) is received by
Congress, the matter after the resolving clause of
which is as follows: ``That Congress approves the
report of the President pursuant to section 2(b)(1)(A)
of the Food and Medicine for the World Act, transmitted
on ______________.'', with the blank completed with the
appropriate date; and
(B) in the case of subsection (e)(2), only a joint
resolution introduced within 10 session days of
Congress after the date on which the report of the
President under subsection (e)(1) is received by
Congress, the matter after the resolving clause of
which is as follows: ``That Congress approves the
report of the President pursuant to section 2(e)(1) of
the Food and Medicine for the World Act, transmitted on
______________.'', with the blank completed with the
appropriate date.
(4) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(5) Medicine.--The term ``medicine'' has the meaning given
the term ``drug'' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
(6) Unilateral agricultural sanction.--The term
``unilateral agricultural sanction'' means any prohibition,
restriction, or condition on carrying out an agricultural
program with respect to a foreign country or foreign entity
that is imposed by the United States for reasons of foreign
policy or national security, except in a case in which the
United States imposes the measure pursuant to a multilateral
regime and the other member countries of that regime have
agreed to impose substantially equivalent measures.
(7) Unilateral medical sanction.--The term ``unilateral
medical sanction'' means any prohibition, restriction, or
condition on exports of, or the provision of assistance
consisting of, medicine or a medical device with respect to a
foreign country or foreign entity that is imposed by the United
States for reasons of foreign policy or national security,
except in a case in which the United States imposes the measure
pursuant to a multilateral regime and the other member
countries of that regime have agreed to impose substantially
equivalent measures.
(b) Restriction.--
(1) New sanctions.--Except as provided in subsections (c)
and (d) and notwithstanding any other provision of law, the
President may not impose a unilateral agricultural sanction or
unilateral medical sanction against a foreign country or
foreign entity, unless--
(A) not later than 60 days before the sanction is
proposed to be imposed, the President submits a report
to Congress that--
(i) describes the activity proposed to be
prohibited, restricted, or conditioned; and
(ii) describes the actions by the foreign
country or foreign entity that justify the
sanction; and
(B) Congress enacts a joint resolution stating the
approval of Congress for the report submitted under
subparagraph (A).
(2) Existing sanctions.--
(A) In general.--Except as provided in subparagraph
(B), with respect to any unilateral agricultural
sanction or unilateral medical sanction that is in
effect as of the date of enactment of this Act, the
President shall terminate the sanction.
(B) Exemptions.--Subparagraph (A) shall not apply
to a unilateral agricultural sanction or unilateral
medical sanction imposed with respect to--
(i) any program administered under section
416 of the Agricultural Act of 1949 (7 U.S.C.
1431);
(ii) the Export Credit Guarantee Program
(GSM-102) or the Intermediate Export Credit
Guarantee Program (GSM-103) established under
section 202 of the Agricultural Trade Act of
1978 (7 U.S.C. 5622); or
(iii) the dairy export incentive program
administered under section 153 of the Food
Security Act of 1985 (15 U.S.C. 713a-14).
(c) Exceptions.--Subsection (b) shall not affect any authority or
requirement to impose (or continue to impose) a sanction referred to in
subsection (b)--
(1) against a foreign country or foreign entity with
respect to which Congress has enacted a declaration of war that
is in effect on or after the date of enactment of this Act; or
(2) to the extent that the sanction would prohibit,
restrict, or condition the provision or use of any agricultural
commodity, medicine, or medical device that is--
(A) controlled on the United States Munitions List
established under section 38 of the Arms Export Control
Act (22 U.S.C. 2778);
(B) controlled on any control list established
under the Export Administration Act of 1979 (50 U.S.C.
App. 2401 et seq.); or
(C) used to facilitate the development or
production of a chemical or biological weapon or weapon
of mass destruction.
(d) Countries Supporting International Terrorism.--Subsection (b)
shall not affect the prohibitions in effect on or after the date of
enactment of this Act under section 620A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371) on providing, to the government of any country
supporting international terrorism, United States government
assistance, including United States foreign assistance, United States
export assistance, or any United States credits or credit guarantees.
(e) Termination of Sanctions.--Any unilateral agricultural sanction
or unilateral medical sanction that is imposed pursuant to the
procedures described in subsection (b)(1) shall terminate not later
than 2 years after the date on which the sanction became effective
unless--
(1) not later than 60 days before the date of termination
of the sanction, the President submits to Congress a report
containing the recommendation of the President for the
continuation of the sanction for an additional period of not to
exceed 2 years and the request of the President for approval by
Congress of the recommendation; and
(2) Congress enacts a joint resolution stating the approval
of Congress for the report submitted under paragraph (1).
(f) Congressional Priority Procedures.--
(1) Referral of report.--A report described in subsection
(b)(1)(A) or (e)(1) shall be referred to the appropriate
committee or committees of the House of Representatives and to
the appropriate committee or committees of the Senate.
(2) Referral of joint resolution.--
(A) In general.--A joint resolution shall be
referred to the committees in each House of Congress
with jurisdiction.
(B) Reporting date.--A joint resolution referred to
in subparagraph (A) may not be reported before the
eighth session day of Congress after the introduction
of the joint resolution.
(3) Discharge of committee.--If the committee to which is
referred a joint resolution has not reported the joint
resolution (or an identical joint resolution) at the end of 30
session days of Congress after the date of introduction of the
joint resolution--
(A) the committee shall be discharged from further
consideration of the joint resolution; and
(B) the joint resolution shall be placed on the
appropriate calendar of the House concerned.
(4) Floor consideration.--
(A) Motion to proceed.--
(i) In general.--When the committee to
which a joint resolution is referred has
reported, or when a committee is discharged
under paragraph (3) from further consideration
of, a joint resolution--
(I) it shall be at any time
thereafter in order (even though a
previous motion to the same effect has
been disagreed to) for any member of
the House concerned to move to proceed
to the consideration of the joint
resolution; and
(II) all points of order against
the joint resolution (and against
consideration of the joint resolution)
are waived.
(ii) Privilege.--The motion to proceed to
the consideration of the joint resolution--
(I) shall be highly privileged in
the House of Representatives and
privileged in the Senate; and
(II) not debatable.
(iii) Amendments and motions not in
order.--The motion to proceed to the
consideration of the joint resolution shall not
be subject to--
(I) amendment;
(II) a motion to postpone; or
(III) a motion to proceed to the
consideration of other business.
(iv) Motion to reconsider not in order.--A
motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not
be in order.
(v) Business until disposition.--If a
motion to proceed to the consideration of the
joint resolution is agreed to, the joint
resolution shall remain the unfinished business
of the House concerned until disposed of.
(B) Limitations on debate.--
(i) In general.--Debate on the joint
resolution, and on all debatable motions and
appeals in connection with the joint
resolution, shall be limited to not more than
10 hours, which shall be divided equally
between those favoring and those opposing the
joint resolution.
(ii) Further debate limitations.--A motion
to limit debate shall be in order and shall not
be debatable.
(iii) Amendments and motions not in
order.--An amendment to, a motion to postpone,
a motion to proceed to the consideration of
other business, a motion to recommit the joint
resolution, or a motion to reconsider the vote
by which the joint resolution is agreed to or
disagreed to shall not be in order.
(C) Vote on final passage.--Immediately following
the conclusion of the debate on a joint resolution, and
a single quorum call at the conclusion of the debate if
requested in accordance with the rules of the House
concerned, the vote on final passage of the joint
resolution shall occur.
(D) Rulings of the chair on procedure.--An appeal
from a decision of the Chair relating to the
application of the rules of the Senate or House of
Representatives, as the case may be, to the procedure
relating to a joint resolution shall be decided without
debate.
(5) Coordination with action by other house.--If, before
the passage by 1 House of a joint resolution of that House,
that House receives from the other House a joint resolution,
the following procedures shall apply:
(A) No committee referral.--The joint resolution of
the other House shall not be referred to a committee.
(B) Floor procedure.--With respect to a joint
resolution of the House receiving the joint
resolution--
(i) the procedure in that House shall be
the same as if no joint resolution had been
received from the other House; but
(ii) the vote on final passage shall be on
the joint resolution of the other House.
(C) Disposition of joint resolutions of receiving
house.--On disposition of the joint resolution received
from the other House, it shall no longer be in order to
consider the joint resolution originated in the
receiving House.
(6) Procedures after action by both the house and senate.--
If a House receives a joint resolution from the other House
after the receiving House has disposed of a joint resolution
originated in that House, the action of the receiving House
with regard to the disposition of the joint resolution
originated in that House shall be deemed to be the action of
the receiving House with regard to the joint resolution
originated in the other House.
(7) Rulemaking power.--This paragraph is enacted by
Congress--
(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such this paragraph--
(i) is deemed to be a part of the rules of
each House, respectively, but applicable only
with respect to the procedure to be followed in
that House in the case of a joint resolution;
and
(ii) supersedes other rules only to the
extent that this paragraph is inconsistent with
those rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
the rules relate to the procedure of that House) at any
time, in the same manner and to the same extent as in
the case of any other rule of that House.
(g) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section takes effect on the date of enactment of this Act.
(2) Existing sanctions.--In the case of any unilateral
agricultural sanction or unilateral medical sanction that is in
effect as of the date of enactment of this Act, this section
takes effect 180 days after the date of enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on International Relations, and in addition to the Committees on Rules, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on International Relations, and in addition to the Committees on Rules, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on International Relations, and in addition to the Committees on Rules, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on International Relations, and in addition to the Committees on Rules, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on International Economic Policy and Trade.
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