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107TH CONGRESS
1ST SESSION
H. R. 3151
To prohibit United States nationals, permanent resident aliens, or United
States Government agencies from entering into agreements with foreign
persons who prevent or inhibit a United States business from undertaking
a commercial activity, or otherwise discriminate against the business,
on the basis of the religious beliefs, practices or associations, sexual
orientation, race, or gender of an individual associated with the United
States business, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 17, 2001
Mr. GILMAN introduced the following bill; which was referred to the Com-
mittee on International Relations, and in addition to the Committees on
Financial Services, and the Judiciary, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To prohibit United States nationals, permanent resident
aliens, or United States Government agencies from enter-
ing into agreements with foreign persons who prevent
or inhibit a United States business from undertaking
a commercial activity, or otherwise discriminate against
the business, on the basis of the religious beliefs, prac-
tices or associations, sexual orientation, race, or gender
of an individual associated with the United States busi-
ness, 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 Trade
Act’’.
SEC. 2. PROHIBITION ON CERTAIN AGREEMENTS.
Notwithstanding any other provision of law, a United
States national, a permanent resident alien, or a United
States Government agency may not enter into an agree-
ment, including an agreement to provide a loan, guar-
antee, credit, or other financing, with a foreign person who
directly or indirectly prevents or inhibits a United States
business from undertaking a commercial activity, or other-
wise discriminates against the business, on the basis of
the religious beliefs, practices or associations, sexual ori-
entation, race, or gender of an individual with an owner-
ship interest in the United States business, an employee
of the business, or an agent of the business.
SEC. 3. PROHIBITION ON MULTILATERAL ASSISTANCE.
The Secretary of the Treasury shall instruct the
United States executive director of each international fi-
nancial institution to use the voice and vote of the United
States to oppose any assistance from that financial insti-
tution to any foreign person that engages in any of the
conduct described in section 2.
SEC. 4. EXCLUSION OF CERTAIN ALIENS.
(a) EXCLUSION.—The Secretary of State shall deny
a visa to, and the Attorney General shall exclude from the
United States, any alien who the Secretary of State deter-
mines is a person who, after the date of the enactment
of this Act, engages in any of the conduct described in
section 2.
(b) EFFECTIVE DATE.—Subsection (a) applies to an
alien seeking to enter the United States on or after the
date of the enactment of this Act.
SEC. 5. DEFINITIONS.
In this Act:
(1) COMMERCIAL ACTIVITY.—The term ‘‘com-
mercial activity’’ has the meaning given that term in
section 1603(d) of title 28, United States Code.
(2) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means any foreign person or entity, including
the government of a foreign country, a foreign busi-
ness, or a foreign nongovernmental organization.
(3) GOVERNMENT OF A FOREIGN COUNTRY.—
(A) The term ‘‘government of a foreign country’’ in-
cludes the government of any political subdivision of
the country, and any agency or instrumentality of
the government of the country.
(B) For purposes of subparagraph (A), the
term ‘‘agency or instrumentality of the government
of the country’’ means an agency or instrumentality
of a foreign state as defined in section 1603(b) of
title 28, United States Code.
(4) PERMANENT RESIDENT ALIEN.—The term
‘‘permanent resident alien’’ means an alien lawfully
admitted for permanent residence into the United
States.
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