I
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 subse-
quently 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 sanc-
tions imposed by the United States, to prohibit the impo-
sition of unilateral sanctions on exports of food, other
agricultural products, medicines, or medical supplies or
equipment, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Freedom to Market
Act’’.
SEC. 2. GAO REPORT.
Within 1 year after the date of the enactment of this
Act, the Comptroller General shall—
(1) conduct—
(A) a detailed examination of all economic
sanctions affecting United States businesses,
differentiating between unilateral and multilat-
eral economic sanctions;
(B) an assessment of comparable measures
undertaken by other countries in each instance;
(C) an evaluation of the effectiveness of
both unilateral and multilateral economic sanc-
tions in meeting stated policy goals;
(D) an assessment on humanitarian condi-
tions within sanctioned countries, evaluating
how sanctions have affected particular states;
(E) an assessment of the relationship with
United States allies as a consequence of unilat-
eral economic sanctions;
(F) an examination of the economic impact
of sanctions on United States producers and ex-
porters; and
(G) an assessment of potential countries
that may be sanctioned under existing United
States law or executive authority, but which are
not now subject to sanctions (whether because
of presidentially exercised waivers, or statutes
or executive orders not being applied); and
(2) submit to the Committee on International
Relations and the Committee on Agriculture of the
House of Representatives and to the Committee on
Foreign Relations and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate a re-
port on the matters addressed in paragraph (1).
SEC. 3. PROHIBITION ON UNILATERAL AGRICULTURAL OR
MEDICAL SANCTIONS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the President shall not restrict or otherwise
prohibit any exports (including restricted commercial or
Federal financing) of food, other agricultural products (in-
cluding fertilizer), medicines, or medical supplies or equip-
ment as part of any policy of existing or future unilateral
economic sanctions imposed against a foreign government.
(b) NATIONAL SECURITY WAIVER.—The President
may waive, for periods of not more than 1 year each, the
applicability of any sanction under subsection (a) with re-
spect to a foreign country or entity if the President, with
respect to each such waiver—
(1) determines that the national security so re-
quires; and
(2) transmits to the Congress that determina-
tion, together with a detailed description of the rea-
sons therefor, including an explanation of how the
sanction will further the national security.
SEC. 4. ANNUAL REPORTS BY SECRETARY OF AGRI-
CULTURE.
The Secretary of Agriculture shall submit to the Con-
gress, by not later than May 1 of each year, a report con-
taining the following:
(1) The Secretary’s assessment of all markets
where United States exports of agricultural commod-
ities are limited because of multilateral or unilateral
economic sanctions, including specific commodities
affected.
(2) The economic impact on producers of the
commodities specified under paragraph (1).
(3) An assessment of the extent to which dis-
placed United States commodities are being supplied
by foreign competitors.
(4) The expected longer-term consequences of
interrupting United States exports.
(5) Any assistance provided by the Foreign Ag-
ricultural Service to offset lost markets due to such
sanctions.
SEC. 5. ACTIONS BY DEPARTMENT OF AGRICULTURE.
The Secretary of Agriculture shall expand agricul-
tural export assistance under United States market devel-
opment, food assistance, or export promotion programs to
offset all projected losses of agricultural commodity mar-
kets from unilateral or multilateral sanctions identified
under section 4, to the maximum extent permitted by law
and by the obligations of the United States under the
Agreement on Agriculture referred to in section 101(d)(2)
of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(2)).
SEC. 6. DEFINITION.
As used in this Act, the term ‘‘unilateral economic
sanction’’ means any restriction or condition on economic
activity 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 multilat-
eral regime and the other members of that regime have
agreed to impose substantially equivalent measures.
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