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.

October 17, 2001

Mr. GILMAN introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committees on Financial Services, and the Judiciary, 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

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.

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 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 agreement, including an agreement to provide a loan, guarantee, 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 otherwise discriminates against the business, on the basis of the religious beliefs, practices or associations, sexual orientation, race, or gender of an individual with an ownership 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 financial institution to use the voice and vote of the United States to oppose any assistance from that financial institution 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 determines 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 `commercial activity' has the meaning given that term in section 1603(d) of title 28, United States Code.

(2) FOREIGN PERSON- The term `foreign person' means any foreign person or entity, including the government of a foreign country, a foreign business, or a foreign nongovernmental organization.

(3) GOVERNMENT OF A FOREIGN COUNTRY- (A) The term `government of a foreign country' includes 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.

END