Sec. 3210.55. SENSE OF THE SENATE CONCERNING AGRICULTURAL TRADE
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## SEC. 3210.55 SENSE OF THE SENATE CONCERNING AGRICULTURAL TRADE 55P.L. 107–171, 116 Stat. 303, May 13, 2002. ###
(a)Agriculture Trade Negotiating Objectives It is the sense of the Senate that the principal negotiating objective of the United States with respect to agricultural trade in all multilateral, regional, and bilateral negotiations is to obtain competitive opportunities for the export of United States agricultural commodities in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports in United States markets and to achieve fairer and more open conditions of agricultural trade in bulk and value-added commodities by— ####
(1)reducing or eliminating, by a date certain, tariffs or other charges that decrease market opportunities for the export of United States agricultural commodities, giving priority to United States agricultural commodities that are subject to significantly higher tariffs or subsidy regimes of major producing countries; ####
(2)immediately eliminating all export subsidies on agricultural commodities worldwide while maintaining bona fide food aid and preserving United States agricultural market development and export credit programs that allow the United States to compete with other foreign export promotion efforts; ####
(3)leveling the playing field for United States agricultural producers by disciplining domestic supports such that no other country can provide greater support, measured as a percentage of total agricultural production value, than the United States does while preserving existing green box category to support conservation activities, family farms, and rural communities; ####
(4)developing, strengthening, and clarifying rules and effective dispute settlement mechanisms to eliminate practices that unfairly decrease United States market access opportunities for United States agricultural commodities or distort agricultural markets to the detriment of the United States, including— #####
(A)unfair or trade-distorting activities of state trading enterprises and other administrative mechanisms, with emphasis on— ######
(i)requiring price transparency in the operation of state trading enterprises and such other mechanisms; and ######
(ii)ending discriminatory pricing practices for agricultural commodities that amount to de facto export subsidies so that the enterprises or other mechanisms do not (except in cases of bona fide food aid) sell agricultural commodities in foreign markets at prices below domestic market prices or prices below the full costs of acquiring and delivering agricultural commodities to the foreign markets; #####
(B)unjustified trade restrictions or commercial requirements affecting new agricultural technologies, including biotechnology; #####
(C)unjustified sanitary or phytosanitary restrictions, including restrictions that are not based on scientific principles, in contravention of the Agreement on the Application of Sanitary and Phytosanitary Measures (as described in section 101(d)(3) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(3))); #####
(D)other unjustified technical barriers to agricultural trade; and #####
(E)restrictive and nontransparent rules in the administration of tariff rate quotas; ####
(5)improving import relief mechanisms to recognize the unique characteristics of perishable agricultural commodities; ####
(6)taking into account whether a party to negotiations with respect to trading in an agricultural commodity has— #####
(A)failed to adhere to the provisions of an existing bilateral trade agreement with the United States; #####
(B)circumvented obligations under a multilateral trade agreement to which the United States is a signatory; or #####
(C)manipulated its currency value to the detriment of United States agricultural producers or exporters; and ####
(7)otherwise ensuring that countries that accede to the World Trade Organization— #####
(A)have made meaningful market liberalization commitments in agriculture; and #####
(B)make progress in fulfilling those commitments over time. ###
(b)Priority for Agriculture Trade It is the sense of the Senate that— ####
(1)reaching a successful agreement on agriculture should be the top priority of United States negotiators in World Trade Organization talks; and ####
(2)if the primary export competitors of the United States fail 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, within existing World Trade Organization commitments. ###
(c)Consultation With Congressional Committees It is the sense of the Senate that— ####
(1)before the United States Trade Representative negotiates a trade agreement that would reduce tariffs on agricultural commodities or require a change in United States agricultural law, the United States Trade Representative should consult with the Committee on Agriculture and the Committee on Ways and Means of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Finance of the Senate; ####
(2)not less than 48 hours before initialing an agreement relating to agricultural trade negotiated under the auspices of the World Trade Organization, the United States Trade Representative should 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; and ####
(3)any agreement or other understanding (whether verbal or in writing) that relates to agricultural trade that is not disclosed to Congress before legislation implementing a trade agreement is introduced in either the Senate or the House of Representatives should not be considered to be part of the agreement approved by Congress and should have no force and effect under Unites States law or in any dispute settlement body. * * * * * * * # TITLE IV NUTRITION PROGRAMS * * * * * * * ## Subtitle D Miscellaneous * * * * * * *
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