I
104TH CONGRESS
1ST SESSION
H. R. 2248
To authorize the imposition of trade sanctions on countries which threaten
the health and safety of United States citizens by failing to cooperate
fully with United States policy regarding the reduction and interdiction
of illicit drugs.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 4, 1995
Mr. SHAW (for himself, Mr. GILMAN, and Ms. KAPTUR) introduced the
following bill; which was referred to the Committee on Ways and Means
A BILL
To authorize the imposition of trade sanctions on countries
which threaten the health and safety of United States
citizens by failing to cooperate fully with United States
policy regarding the reduction and interdiction of illicit
drugs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ASSESSMENT OF COUNTRIES NOT COOPERAT-
ING WITH UNITED STATES DRUG POLICIES.
(a) ASSESSMENTS AND REPORT TO CONGRESS.—Not
later than 90 days after the President submits to the Con-
gress the report required by section 489A(a) of the For-
eign Assistance Act of 1961 (22 U.S.C. 2291i(a)), the
United States Trade Representative shall, with respect to
each foreign country identified in that report that is not
certified by the Secretary of State under subparagraph (A)
of 
section 
490A(b)(1) 
of 
that 
Act 
(22 
U.S.C.
2291k(b)(1))—
(1) assess whether or not the imposition of
trade sanctions on that country is appropriate, tak-
ing into account—
(A) the extent to which the country is fail-
ing to cooperate with United States policies re-
garding the reduction and interdiction of illicit
drugs, assessing whether actions by the govern-
ment of that country are clearly and persist-
ently in conflict with United States policies
aimed at reducing and interdicting illicit drugs
produced or transported for consumption by
United States citizens; and
(B) the bilateral trade relationship between
the United States and that country, including
the volume of imports entering the United
States from that country under any preferential
trade program such as that under title V of the
Trade Act of 1974 relating to the Generalized
System of Preferences, the Caribbean Basin
Economic Recovery Act, and the Andean Trade
Preference Act; and
(2) submit to the Committee on Ways and
Means of the House of Representatives and the
Committee on Finance of the Senate a report on the
assessments of each country made under paragraph
(1), including—
(A) discussions of the matters referred to
in subparagraph (A) and (B) of paragraph (1);
and
(B) appropriate trade sanctions to impose
on that country if the country does not become
certified under subparagraph (A) of section
490A(b)(1) of the Foreign Assistance Act of
1961 within 6 months after the submission of
the report under this section.
(b) CONSULTATIONS AND INFORMATION SOURCES.—
In making the assessments under subsection (a), the
Trade Representative shall consult with the Secretary of
State and take into account information from sources
available to the Trade Representative and such informa-
tion as may be submitted to the Trade Representative by
interested persons.
SEC. 2. AUTHORITY TO IMPOSE TRADE SANCTIONS.
In the case of any country to which section 1(2)(B)
applies, the President is authorized to impose the following
sanctions:
(1) Nondiscriminatory treatment (most-favored-
nation treatment) may be denied to the products of
that country.
(2) That country may be denied treatment as a
beneficiary developing country under title V of the
Trade Act of 1974 (relating to the Generalized Sys-
tem of Preferences), as a beneficiary country under
the Caribbean Basin Economic Recovery Act, and as
a beneficiary country under the Andean Trade Pref-
erence Act.
(3) That country may be denied trade benefits
under any agreement between that country and the
United States establishing a free trade area.
(4) The President (may decline to negotiate)
with that country for purposes of establishing a free
trade area.
SEC. 3. DEFENSES OF THE UNITED STATES UNDER EXIST-
ING TRADE AGREEMENTS.
If proceedings are initiated by a country against the
United States in the World Trade Organization or under
the North American Free Trade Agreement with respect
to actions taken under (section 2), the President shall in-
voke all applicable defenses in such proceedings, including
exceptions for measures necessary to protect human, ani-
mal, or plant life or health.
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