[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5595 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5595
To impose additional prohibitions relating to foreign boycotts under
Export Control Reform Act of 2018, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 13, 2020
Mr. Zeldin (for himself, Mr. McCaul, Mr. Barr, Mr. Cook, Mr. Gibbs, Mr.
Schweikert, Mr. Marshall, Mr. Weber of Texas, Mr. Walker, Mr. Grothman,
Mr. David P. Roe of Tennessee, Mr. Perry, Mr. Rouzer, Mr. Katko, Mrs.
Hartzler, Mr. Latta, Mr. Rogers of Alabama, Mr. Comer, Mrs. Rodgers of
Washington, Mr. Suozzi, Mr. Mooney of West Virginia, Mr. Biggs, Mr.
Flores, Mr. Byrne, Mr. Babin, Mr. Banks, Mr. Mitchell, Mr. Mast, Mr.
Wilson of South Carolina, Mr. Johnson of Ohio, Mrs. Walorski, Mr.
Kustoff of Tennessee, Mr. Gaetz, Mrs. Brooks of Indiana, Mr.
Fleischmann, Mr. Estes, Ms. Foxx of North Carolina, Mr. Abraham, Mr.
Graves of Georgia, Mr. DesJarlais, Mr. Davidson of Ohio, Mr. Rodney
Davis of Illinois, Mr. Collins of Georgia, Mr. Cole, Mr. Dunn, Mr.
Bishop of Utah, Mr. Newhouse, Ms. Stefanik, Mr. Bucshon, Mr. Mullin,
Mr. Budd, Mr. Diaz-Balart, Mr. Long, Mr. Crenshaw, Mr. Ferguson, Mr.
Austin Scott of Georgia, Mr. Carter of Texas, Mr. Curtis, Mr. Yoho, and
Mr. Norman) introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To impose additional prohibitions relating to foreign boycotts under
Export Control Reform Act of 2018, 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 title may be cited as the ``Israel Anti-Boycott Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of the United States should use its
voice, vote, and influence with and in international
governmental organizations to actively oppose politically
motivated actions to boycott, divest from, or sanction Israel;
(2) the Government of the United States combats anti-Israel
boycotts and other discriminatory activity under the Export
Control Reform Act of 2018 (subtitle B of title XVII of Public
Law 115-232), under part VI of title X of the Tax Reform Act of
1976 (Public Law 94-455; 90 Stat. 1649) (commonly referred to
as the ``Ribicoff Amendment''), through trade promotion
authorities, in free trade agreements, and in accession
negotiations to the World Trade Organization; however, due to
the increased anti-Israel economic activity in international
governmental organizations, it is necessary to update Federal
authorities to combat anti-Israel boycotts and other
discriminatory activity in such fora, including the United
Nations Human Rights Council;
(3) actions to boycott, divest from, or sanction Israel
represent a concerted effort to extract concessions from Israel
outside of direct negotiations between the Israelis and
Palestinians; and
(4) the United States-Israel Strategic Partnership Act of
2014 (Public Law 113-296; 128 Stat. 4075) should be fully
implemented through enhanced, governmentwide, coordinated
United States-Israel scientific and technological cooperation
in civilian areas, such as with respect to energy, water,
agriculture, alternative fuel technology, civilian space
technology, and security in order to counter the effects of
actions to boycott, divest from, or sanction Israel.
SEC. 3. ADDITIONAL PROHIBITIONS RELATING TO FOREIGN BOYCOTTS UNDER
EXPORT CONTROL REFORM ACT OF 2018.
(a) Declaration of Policy.--Section 1772 of the Export Control
Reform Act of 2018 (50 U.S.C. 4841) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) to oppose restrictive trade practices or boycotts
fostered or imposed by foreign countries or international
governmental organizations, or efforts by foreign countries or
international governmental organizations to collect information
that have the effect of furthering or supporting restrictive
trade practices or boycotts fostered or imposed by foreign
countries or international governmental organizations, against
other countries friendly to the United States or against any
United States person;''; and
(2) in paragraph (2), by inserting ``or international
governmental organization'' after ``any foreign country''.
(b) Foreign Boycotts.--Section 1773 of the Export Control Reform
Act of 2018 (50 U.S.C. 4842) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``United States
person'' and inserting ``covered
person''; and
(II) by inserting after ``foreign
country'' the following: ``or an
international governmental
organization, or efforts by a foreign
country or international governmental
organization to collect information
that have the effect of furthering or
supporting restrictive trade practices
or boycotts fostered or imposed by a
foreign country or international
governmental organization,'';
(ii) in subparagraph (A), by inserting ``or
international governmental organization (as the
case may be)'' after ``of the boycotting
country'';
(iii) in subparagraph (D)--
(I) by inserting ``(i)'' after
``(D)'';
(II) by inserting ``or with the
international governmental organization
(as the case may be)'' after ``in the
boycotting country''; and
(III) by striking the last sentence
and inserting the following:
``(ii) Furnishing information to a foreign country
or international governmental organization in response
to efforts by a foreign country or international
governmental organization to collect information that
have the effect of furthering or supporting a
restrictive trade practice or boycott fostered or
imposed by a foreign country or international
governmental organization. Such information includes
information about whether any person has, has had, or
proposes to have any business relationship (including a
relationship by way of sale, purchase, legal or
commercial representation, shipping or other transport,
insurance, investment, or supply)--
``(I) with or in the country to which the
restrictive trade practice or boycott applies;
``(II) with any business concern organized
under the laws of that country;
``(III) with any national or resident of
that country; or
``(IV) with any other person which is known
or believed to be restricted from having any
business relationship with or in a foreign
country, or with an international governmental
organization, that fosters or imposes the
restrictive trade practice or boycott.
``(iii) Nothing in this paragraph shall prohibit
the furnishing of normal business information in a
commercial context as defined by the Secretary.''; and
(iv) in subparagraph (F), by striking
``United States person'' and inserting
``covered person''; and
(B) in paragraph (2)(F), by striking ``United
States person'' and inserting ``covered person''; and
(C) in paragraph (5), by striking ``United States
person'' and inserting ``covered person'';
(2) in subsection (c), by inserting ``or international
governmental organizations against other countries, or
regarding efforts by foreign countries or international
governmental organizations to collect information that have the
effect of furthering or supporting restrictive trade practices
or boycotts fostered or imposed by foreign countries or
international governmental organizations'' after ``foreign
countries''; and
(3) by adding at the end the following:
``(d) Covered Person Defined.--
``(1) In general.--In this section, the term `covered
person' means--
``(A) any domestic concern (including any permanent
domestic establishment of any foreign concern);
``(B) any foreign subsidiary or affiliate
(including any permanent foreign establishment) of any
domestic concern which is controlled in fact by such
domestic concern, as determined under regulations of
the President;
``(C) the government of the United States or any
State, territory, or possession of the United States,
or any subdivision, department, agency, or commission
of any such government; or
``(D) an individual who is--
``(i) a United States resident or national
(other than such an individual residing outside
the United States and employed by other than a
United States person);
``(ii) an owner, officer, director,
employee, or agent of a domestic concern
described in subparagraph (A) or a foreign
subsidiary or affiliate described in
subparagraph (B) or an officer, director,
employee, or agent of an entity described in
subparagraph (C); and
``(iii) acting in the individual's official
capacity as such an owner, officer, director,
employee, or agent.
``(2) Domestic concern.--For purposes of paragraph (1), the
term `domestic concern' does not include an individual.''.
(c) Violations of Section 1773(a).--Section 1774 of the Export
Control Reform Act of 2018 (50 U.S.C. 4843) is amended--
(1) in subsection (a), by striking ``A person'' and
inserting ``Except as provided in subsection (e), a person'';
and
(2) by adding at the end the following:
``(e) Certain Violations of Section 1773(a).--
``(1) In general.--Whoever knowingly violates or conspires
to or attempts to violate a regulation issued under section
1773(a) prohibiting an action described in paragraph (2) shall
be subject to only a monetary penalty under subsection (a) or
(b).
``(2) Actions described.--An action described in this
paragraph is any action described in subparagraphs (A) through
(F) of section 1773(a)(1) taken by a covered person (as defined
in section 1773(d)), or knowingly agreed to be taken by such a
person, with respect to the person's activities in the
interstate or foreign commerce of the United States, with the
intent to comply with, further, or support--
``(A) any boycott fostered or imposed by an
international governmental organization against a
country which is friendly to the United States and
which is not itself the object of any form of boycott
pursuant to United States law or regulation; or
``(B) efforts by a foreign country or international
governmental organization to collect information that
have the effect of furthering or supporting restrictive
trade practices or boycotts fostered or imposed by a
foreign country or international governmental
organization against a country described in
subparagraph (A).''.
(d) Definitions.--Part II of the Export Control Reform Act of 2018
is amended by adding at the end the following:
``SEC. 1775. DEFINITIONS.
``In this part:
``(1) International governmental organization.--The term
`international governmental organization' includes--
``(A) the United Nations, including organizations
within the United Nations such as the United Nations
Human Rights Council; and
``(B) the European Union.
``(2) Efforts by a foreign country or international
governmental organization, etc.--The term `efforts by a foreign
country or international governmental organization to collect
information that have the effect of furthering or supporting a
restrictive trade practice or boycott fostered or imposed by a
foreign country or international governmental organization'
includes efforts by the United Nations Human Rights Council to
collect information for the establishment of a database of
entities that operate, or have business relations with entities
that operate, beyond Israel's 1949 Armistice lines, including
East Jerusalem.''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and apply with respect
to actions described in section 1773(a) of the Export Control Reform
Act of 2018 (50 U.S.C. 4842(a)) taken or knowingly agreed to be taken
on or after such date of enactment.
SEC. 4. RULES OF CONSTRUCTION.
(a) Nothing Diminishing First Amendment.--Nothing in this Act or an
amendment made by this Act shall be construed to diminish or infringe
upon any right protected under the first amendment to the Constitution.
(b) Noncommercial Speech or Other Expressive Activity.--Consistent
with current enforcement practices of the Department of Commerce,
nothing in this Act or an amendment made by this Act shall be construed
to permit a person's noncommercial speech or other noncommercial
expressive activity to be used--
(1) as evidence to prove a violation of section 1773(a) of
the Export Control Reform Act of 2018 (50 U.S.C. 4842(a)), as
amended by section 3(b), including as evidence to prove intent
to violate such section 1773(a); or
(2) as support for initiating an investigation into whether
such a violation has occurred.
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