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106TH CONGRESS

1ST SESSION H. R. 212

To require the General Accounting Office to prepare a report assessing

the impact and effectiveness of economic sanctions imposed by the United

States, to prohibit the imposition of unilateral sanctions on exports

of food, other agricultural products, medicines, or medical supplies or

equipment, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1999

Mr. NETHERCUTT (for himself and Mr. SERRANO) introduced the following

bill; which was referred to the Committee on International Relations, and

in addition to the Committee on 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 require the General Accounting Office to prepare a report

assessing the impact and effectiveness of economic sanctions imposed by the United States, to prohibit the imposition of unilateral sanctions on exports of food, other

agricultural products, medicines, or medical supplies or

equipment, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Freedom to Market

3 Act’’.

4 SEC. 2. GAO REPORT.

5 Within 1 year after the date of the enactment of this

6 Act, the Comptroller General shall—

7 (1) conduct—

8 (A) a detailed examination of all economic

9 sanctions affecting United States businesses,

10 differentiating between unilateral and multilat11 eral economic sanctions;

12 (B) an assessment of comparable measures

13 undertaken by other countries in each instance;

14 (C) an evaluation of the effectiveness of

15 both unilateral and multilateral economic sanc16 tions in meeting stated policy goals;

17 (D) an assessment on humanitarian condi18 tions within sanctioned countries, evaluating

19 how sanctions have affected particular states;

20 (E) an assessment of the relationship with

21 United States allies as a consequence of unilat22 eral economic sanctions;

23 (F) an examination of the economic impact

24 of sanctions on United States producers and ex25 porters; and
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1 (G) an assessment of potential countries

2 that may be sanctioned under existing United

3 States law or executive authority, but which are

4 not now subject to sanctions (whether because

5 of presidentially exercised waivers, or statutes

6 or executive orders not being applied); and

7 (2) submit to the Committee on International

8 Relations and the Committee on Agriculture of the

9 House of Representatives and to the Committee on

10 Foreign Relations and the Committee on Agri11 culture, Nutrition, and Forestry of the Senate a re12 port on the matters addressed in paragraph (1).

13 SEC. 3. PROHIBITION ON UNILATERAL AGRICULTURAL OR

14 MEDICAL SANCTIONS.

15 (a) IN GENERAL.—Notwithstanding any other provi16 sion of law, the President shall not restrict or otherwise

17 prohibit any exports (including restricted commercial or

18 Federal financing) of food, other agricultural products (in19 cluding fertilizer), medicines, or medical supplies or equip20 ment as part of any policy of existing or future unilateral

21 economic sanctions imposed against a foreign government.

22 (b) NATIONAL SECURITY WAIVER.—The President

23 may waive, for periods of not more than 1 year each, the

24 applicability of any sanction under subsection (a) with re-
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1 spect to a foreign country or entity if the President, with

2 respect to each such waiver—

3 (1) determines that the national security so re4 quires; and

5 (2) transmits to the Congress that determina6 tion, together with a detailed description of the rea7 sons therefor, including an explanation of how the

8 sanction will further the national security.

9 SEC. 4. ANNUAL REPORTS BY SECRETARY OF AGRI10 CULTURE.

11 The Secretary of Agriculture shall submit to the Con12 gress, by not later than May 1 of each year, a report con13 taining the following:

14 (1) The Secretary’s assessment of all markets

15 where United States exports of agricultural commod16 ities are limited because of multilateral or unilateral

17 economic sanctions, including specific commodities

18 affected.

19 (2) The economic impact on producers of the

20 commodities specified under paragraph (1).

21 (3) An assessment of the extent to which dis22 placed United States commodities are being supplied

23 by foreign competitors.

24 (4) The expected longer-term consequences of

25 interrupting United States exports.
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1 (5) Any assistance provided by the Foreign Ag2 ricultural Service to offset lost markets due to such

3 sanctions.

4 SEC. 5. ACTIONS BY DEPARTMENT OF AGRICULTURE.

5 The Secretary of Agriculture shall expand agricul6 tural export assistance under United States market devel7 opment, food assistance, or export promotion programs to

8 offset all projected losses of agricultural commodity mar9 kets from unilateral or multilateral sanctions identified

10 under section 4, to the maximum extent permitted by law

11 and by the obligations of the United States under the

12 Agreement on Agriculture referred to in section 101(d)(2)

13 of the Uruguay Round Agreements Act (19 U.S.C.

14 3511(d)(2)).

15 SEC. 6. DEFINITION.

16 As used in this Act, the term ‘‘unilateral economic

17 sanction’’ means any restriction or condition on economic

18 activity with respect to a foreign country or foreign entity

19 that is imposed by the United States for reasons of foreign

20 policy or national security, except in a case in which the

21 United States imposes the measure pursuant to a multilat22 eral regime and the other members of that regime have

23 agreed to impose substantially equivalent measures.

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