Freedom to Market Act (Introduced in the House)
HR 212 IH
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.
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 `Freedom to Market Act'.
SEC. 2. GAO REPORT.
Within 1 year after the date of the enactment of this Act, the Comptroller
General shall--
(A) a detailed examination of all economic sanctions affecting United
States businesses, differentiating between unilateral and multilateral
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 sanctions in meeting stated policy goals;
(D) an assessment on humanitarian conditions within sanctioned countries,
evaluating how sanctions have affected particular states;
(E) an assessment of the relationship with United States allies as
a consequence of unilateral economic sanctions;
(F) an examination of the economic impact of sanctions on United States
producers and exporters; 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 Agriculture, Nutrition, and Forestry
of the Senate a report on the matters addressed in paragraph (1).
SEC. 3. PROHIBITION ON UNILATERAL AGRICULTURAL OR MEDICAL SANCTIONS.
(a) IN GENERAL- Notwithstanding any other provision of law, the President
shall not restrict or otherwise prohibit any exports (including restricted
commercial or Federal financing) of food, other agricultural products (including
fertilizer), medicines, or medical supplies or equipment 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 respect to a foreign country or entity if the President, with
respect to each such waiver--
(1) determines that the national security so requires; and
(2) transmits to the Congress that determination, together with a detailed
description of the reasons therefor, including an explanation of how the
sanction will further the national security.
SEC. 4. ANNUAL REPORTS BY SECRETARY OF AGRICULTURE.
The Secretary of Agriculture shall submit to the Congress, by not later
than May 1 of each year, a report containing the following:
(1) The Secretary's assessment of all markets where United States exports
of agricultural commodities 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 displaced 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 Agricultural Service to
offset lost markets due to such sanctions.
SEC. 5. ACTIONS BY DEPARTMENT OF AGRICULTURE.
The Secretary of Agriculture shall expand agricultural export assistance
under United States market development, food assistance, or export promotion
programs to offset all projected losses of agricultural commodity markets
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 multilateral regime and the other
members of that regime have agreed to impose substantially equivalent measures.