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3. Agricultural Trade
a. Agricultural Competitiveness and Trade Act of 1988
Partial text of Public Law 100-418 [Omnibus Trade and Competitiveness Act of 1988, H.R. 4848], 102 Stat 1107 at 1388, approved August 23, 1988, amended by Public Law 101-624 [Food, Agriculture, Conservation, and Trade Act of 1990; S. 2830], 104 Stat. 3359, approved November 28, 1990
AN ACT To enhance the competitiveness of American industry, and for other
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
TITLE IV—AGRICULTURAL TRADE
SEC. 4001.1 SHORT TITLE.
This title may be cited as the "Agricultural Competitiveness and Trade Act of 1988".
SUBTITLE A-FINDINGS, POLICY, AND PURPOSE
SEC. 4101.2 FINDINGS.
Congress finds that
(1) United States agricultural exports have declined by more than 36 percent since 1981, from $43,800,000,000 in 1981 to $27,900,000,000 in 1987;
(2) the United States share of the world market for agricultural commodities and products has dropped by 20 percent during the last 6 years;
(3) for the first time in 15 years, the United States incurred monthly agricultural trade deficits in 1986;
(4) the loss of $1,000,000,000 in United States agricultural exports causes the loss of 35,000 agricultural jobs and the loss of 60,000 nonagricultural jobs;
(5) the loss of agricultural exports threatens family farms and the economic well-being of rural communities in the United States;
(6) factors contributing to the loss of United States agricultural exports include changes in world agricultural markets such as
(A) the addition of new exporting nations;
(C) increased use of export subsidies designed to lower the price of commodities on the world market;
17 U.S.C. 5201 note.
27 U.S.C. 5201.
(D) the existence of barriers to agricultural trade;
(E) the slowdown in the growth of world food demand in the 1980's due to cyclical economic factors, including currency fluctuations and a debt-related slowdown in the economic growth of agricultural markets in certain developing countries; and
(F) the rapid buildup of surplus stocks as a consequence of favorable weather for agricultural production during the 1980's;
(7) increasing the volume and value of exports is important to the financial well-being of the farm sector in the United States and to increasing farm income in the United States;
(8) in order to increase agricultural exports and improve prices for farmers and ranchers in the United States, it is necessary that all agricultural export programs of the United States be used in an expeditious manner, including programs established under the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.), the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), and section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431);
(9) greater use should be made by the Secretary of Agriculture of the authorities established under section 4 of the Food for Peace Act of 1966 (7 U.S.C. 1707a), the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.), section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431), and the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.) to provide intermediate credit financing and other assistance for the establishment of facilities in importing countries to
(A) improve the handling, marketing, processing, storage, and distribution of imported agricultural commodities and products; and
(B) increase livestock production to enhance the demand for United States feed grains;
(10) food aid and export assistance programs in developing countries stimulate economic activity which causes incomes to rise, and, as incomes rise, diets improve and the demand for and ability to purchase food increases;
(11) private voluntary organizations and cooperatives are important and successful partners in our food aid and development programs; and
(12) in addition to meeting humanitarian needs, food aid used in sales and barter programs by private voluntary organizations and cooperatives
(A) provides communities with health care, credit systems, and tools for development; and
(B) establishes the infrastructure that is essential to the expansion of markets for United States agricultural commodities and products.
SEC. 4102.3 POLICY.
It is the policy of the United States
37 U.S.C. 5202.
(1) to provide, through all possible means, agricultural commodities and products for export at competitive prices, with full assurance of quality and reliability of supply;
(2) to support the principle of free trade and the promotion of fair trade in agricultural commodities and products;
(3) to support fully the negotiating objectives set forth in section 1101(b) of this Act to eliminate or reduce substantially constraints on fair and open trade in agricultural commodities and products;
(4) to use statutory authority to counter unfair foreign trade practices and to use all available means, including export promotion programs, and, if necessary, restrictions on United States imports of agricultural commodities and products, in order to encourage fair and open trade; and
(5) to provide for increased representation of United States agricultural trade interests in the formulation of national fiscal and monetary policy affecting trade.
SEC. 4103. PURPOSE.
It is the purpose of this title
(1) to increase the effectiveness of the Department of Agriculture in agricultural trade policy formulation and implementation and in assisting United States agricultural producers to participate in international agricultural trade, by strengthening the operations of the Department of Agriculture; and
(2) to improve the competitiveness of United States agricultural commodities and products in the world market.
SUBTITLE B-AGRICULTURAL TRADE INITIATIVES
PART 1-GENERAL PROVISIONS
SEC. 4201.5 LONG-TERM AGRICULTURAL TRADE STRATEGY REPORTS.
SEC. 4202.5 TECHNICAL ASSISTANCE IN TRADE NEGOTIATIONS
SEC. 4203. JOINT DEVELOPMENT ASSISTANCE AGREEMENTS WITH CERTAIN TRADING PARTNERS.
(a) DEVELOPMENT OF PLAN.-With respect to any country that has a substantial positive trade balance with the United States, the Secretary of Agriculture, in consultation with the Secretary of State and (through the Secretary of State) representatives of such country, may develop an appropriate plan under which that country would purchase United States agricultural commodities or products for use in development activities in developing countries. In developing such plan, the Secretary of Agriculture shall take into consideration the agricultural economy of such country, the nature and extent of such country's programs to assist developing countries, and other relevant factors. The Secretary of Agriculture shall submit each such plan to the President as soon as practicable.
47 U.S.C. 5203.
Sec. 1571 of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat. 3702) repealed secs. 4201, 4202, 4205, 4206, 4211, 4212, 4213, 4305, and 4311 (7 U.S.C. 5211, 5212, 5215, 5216, 5231, 5232, 5233, 1736t note, and 1691 note, respectively) of this Act. 7 U.S.C. 5213.
(b) AGREEMENT.-The President may enter into an agreement with any country that has a positive trade balance with the United States under which that country would purchase United States agricultural commodities or products for use in agreed-on development activities in developing countries.
SEC. 4204. REORGANIZATION EVALUATION.
The Secretary of Agriculture shall evaluate the reorganization proposal recommended by the National Commission on Agricultural Trade and Export Policy and other proposals to improve management of international trade activities of the Department of Agriculture. To assist the Secretary in the evaluation, the Secretary shall appoint a private sector advisory committee of not less than 4 members, who shall be appointed from among individuals representing farm and commodity organizations, market development cooperators, and agribusiness. Not later than April 30, 1989, the Secretary shall report the findings of the evaluation to Congress, together with the views and recommendations of the private sector advisory committee.
CONTRACTING AUTHORITY TO EXPAND AGRICULTURAL
SEC. 4206.5 ESTABLISHMENT OF TRADE ASSISTANCE OFFICE.
PART 2-FOREIGN AGRICULTURAL SERVICE
SEC. 4211.5 PERSONNEL OF THE SERVICE. * [Repealed-1990]
SEC. 4213.5 PERSONNEL RESOURCE TIME. *
SEC. 4214.8 COOPERATOR ORGANIZATIONS.
(a) SENSE OF CONGRESS.-It is the sense of Congress that the foreign market development cooperator program of the Service, and the activities of individual foreign market cooperator organizations, have been among the most successful and cost-effective means to expand United States agricultural exports. Congress affirms its support for the program and the activities of the cooperator organizations. The Administrator and the private sector should work together to ensure that the program, and the activities of cooperator organizations, are expanded in the future.
(b) COMMODITIES FOR COOPERATOR ORGANIZATIONS.—The Secretary of Agriculture may make available to cooperator organizations agricultural commodities owned by the Commodity Credit Corporation, for use by such cooperators in projects designed to expand markets for United States agricultural commodities and products. (c) RELATION TO FUNDS.-Commodities made available to cooperator organizations under this section shall be in addition to, and not in lieu of, funds appropriated for market development activities of such cooperator organizations.
77 U.S.C. 5214.
87 U.S.C. 5234.
(d) CONFLICTS OF INTEREST.-The Secretary shall take appropriate action to prevent conflicts of interest among cooperator organizations participating in the cooperator program.
(e) EVALUATION.-It is the sense of Congress that the Secretary should establish a consistent, objective means for the evaluation of cooperator programs.
SEC. 4215. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.
There are authorized to be appropriated for the Service, in addition to any sums otherwise authorized to be appropriated by any provision of law other than this section, $20,000,000 for each of the fiscal years 1988, 1989, and 1990 for market development activities, including
(1) expansion of the agricultural attache service;
(2) expansion of international trade policy activities of the Service;
(3) enhancement of the Service worldwide market information system;
(4) increasing the number of trade shows and exhibitions conducted by the Service and upgrading the quality of United States representation at trade shows and exhibitions; and
(5) developing markets for value-added beef, pork, and poultry products.
SUBTITLE C-EXISTING AGRICULTURAL TRADE PROGRAMS
SEC. 4301.10 TRIGGERED MARKETING LOANS AND EXPORT ENHANCEMENT.
(a) CERTIFICATION TO CONGRESS.-Notwithstanding any other provision of law, if, before January 1, 1990, a law has not been enacted in accordance with section 151 of the Trade Act of 1974 (19 U.S.C. 2191) that implements an agreement negotiated under the Uruguay round of multilateral trade negotiations conducted under the General Agreement on Tariffs and Trade (hereinafter in this section referred to as "GATT negotiations") concerning agricultural trade, the President, not later than 45 days after such date
(1) shall submit a report to the Committee on Agriculture, the Committee on Foreign Affairs, 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 describing the status of the GATT negotiations concerning agricultural trade, the progress that has been made to date in the negotiations, the general areas of disagreement, the anticipated date of completion of the negotiations, and the changes in domestic farm programs that are likely to be necessary on conclusion of the negotiations; and
(2) shall certify to Congress whether or not significant progress has been made in the negotiations. (b) MARKETING LOAN.
(1) IMPLEMENTATION.-Except as provided in paragraph (2), if the President does not certify that significant progress has been made towards reaching a GATT agreement concerning
97 U.S.C. 5235.
10 7 U.S.C. 1466 note.