Text: S.720 — 115th Congress (2017-2018)All Information (Except Text)

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Introduced in Senate (03/23/2017)

 
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 720 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 720

   To amend the Export Administration Act of 1979 to include in the 
 prohibitions on boycotts against allies of the United States boycotts 
fostered by international governmental organizations against Israel and 
    to direct the Export-Import Bank of the United States to oppose 
            boycotts against Israel, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 23, 2017

Mr. Cardin (for himself and Mr. Portman) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend the Export Administration Act of 1979 to include in the 
 prohibitions on boycotts against allies of the United States boycotts 
fostered by international governmental organizations against Israel and 
    to direct the Export-Import Bank of the United States to oppose 
            boycotts against Israel, 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 ``Israel Anti-Boycott Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United Nations Human Rights Council (in this 
        section referred to as the ``UNHRC'') has long targeted Israel 
        with systematic, politically motivated, assaults on its 
        legitimacy designed to stigmatize and isolate Israel 
        internationally.
            (2) The UNHRC maintains a permanent agenda item known as 
        ``Item 7'' to ensure that Israel will be criticized at every 
        gathering of the UNHRC.
            (3) At its 31st session on March 24, 2016, the UNHRC 
        targeted Israel with a commercial boycott, calling for the 
        establishment of a database, such as a ``blacklist'', of 
        companies that operate, or have business relations with 
        entities that operate, beyond Israel's 1949 Armistice lines, 
        including East Jerusalem.
            (4) At its 32nd session in March 2017, the UNHRC is 
        considering a resolution pursuant to agenda item 7 to withhold 
        assistance from and prevent trade with ``territories occupied 
        since 1967'', including East Jerusalem, the West Bank, and the 
        Golan Heights, stating that businesses that engage in economic 
        activity in those areas could face civil or criminal legal 
        action.
            (5) For a half century, Congress has combated anti-Israel 
        boycotts and other discriminatory activity under the Export 
        Administration Act of 1979 (as continued in effect pursuant to 
        the International Emergency Economic Powers Act (50 U.S.C. 1701 
        et seq.)), 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''), in free trade agreements with 
        Bahrain and Oman, and in Saudi Arabia's accession negotiations 
        to the World Trade Organization.
            (6) The recent action of the UNHRC is reminiscent of the 
        Arab League Boycott, which also called for the establishment of 
        a ``blacklist'' and promoted a primary, as well as a secondary 
        and tertiary, boycott against Israel, targeting United States 
        and other companies that trade or invest with or in Israel, 
        designed to harm Israel, any business operating in, or doing 
        business with, Israel, or companies that do business with 
        companies operating in Israel.
            (7) Congress recently passed anti-boycott, divestment, and 
        sanctions measures in the Bipartisan Congressional Trade 
        Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et 
        seq.) and section 909 of the Trade Facilitation and Trade 
        Enforcement Act of 2015 (19 U.S.C. 4452), which establish, 
        among other things--
                    (A) the opposition of the United States to actions 
                to boycott, divest from, or sanction Israel;
                    (B) requirements that the United States utilize 
                trade negotiations to combat state-led or international 
                governmental organization-led actions to boycott, 
                divest from, or sanction Israel; and
                    (C) reporting requirements regarding the actions of 
                foreign countries or international organizations that 
                establish barriers to trade or investment for United 
                States companies in or with Israel.

SEC. 3. STATEMENT OF POLICY.

    Congress--
            (1) opposes the United Nations Human Rights Council 
        resolution of March 24, 2016, which urges countries to pressure 
        their own companies to divest from, or break contracts with, 
        Israel, and calls for the creation of a ``blacklist'' of 
        companies that either operate, or have business relations with 
        entities that operate, beyond Israel's 1949 Armistice lines, 
        including East Jerusalem;
            (2) views such policies as actions to boycott, divest from, 
        or sanction Israel; and
            (3) in order to counter the effects of actions to boycott, 
        divest from, or sanction Israel, encourages full implementation 
        of the United States-Israel Strategic Partnership Act of 2014 
        (Public Law 113-296; 128 Stat. 4075) 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.

SEC. 4. ADDITIONAL PROHIBITIONS RELATING TO FOREIGN BOYCOTTS UNDER 
              EXPORT ADMINISTRATION ACT OF 1979.

    (a) Declaration of Policy.--Section 3(5) of the Export 
Administration Act of 1979 (50 U.S.C. 4602(5)) (as continued in effect 
pursuant to the International Emergency Economic Powers Act (50 U.S.C. 
1701 et seq.)) is amended--
            (1) by amending subparagraph (A) to read as follows:
                    ``(A) to oppose--
                            ``(i) restrictive trade practices or 
                        boycotts fostered or imposed by foreign 
                        countries, or requests to impose restrictive 
                        trade practices or boycotts by foreign 
                        countries, against other countries friendly to 
                        the United States or against any United States 
                        person; and
                            ``(ii) restrictive trade practices or 
                        boycotts fostered or imposed by any 
                        international governmental organization against 
                        Israel or requests to impose restrictive trade 
                        practices or boycotts by any international 
                        governmental organization against Israel;''; 
                        and
            (2) in subparagraph (B), by striking ``which have the 
        effect'' and all the follows and inserting the following: 
        ``which have the effect of furthering or supporting--
                            ``(i) restrictive trade practices or 
                        boycotts fostered or imposed by any foreign 
                        country, or requests to impose restrictive 
                        trade practices or boycotts by any foreign 
                        country, against a country friendly to the 
                        United States or against any United States 
                        person; and
                            ``(ii) restrictive trade practices or 
                        boycotts fostered or imposed by any 
                        international governmental organization against 
                        Israel or requests to impose restrictive trade 
                        practices or boycotts by any international 
                        governmental organization against Israel; 
                        and''.
    (b) Foreign Boycotts.--Section 8 of the Export Administration Act 
of 1979 (50 U.S.C. 4607) (as continued in effect pursuant to the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) 
is amended--
            (1) in subsection (a)(1)--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by inserting ``, or request to impose 
                        any boycott by a foreign country,'' after ``a 
                        foreign country'';
                            (ii) by inserting ``, or support any 
                        boycott fostered or imposed by any 
                        international governmental organization against 
                        Israel or request to impose any boycott by any 
                        international governmental organization against 
                        Israel'' after ``pursuant to United States law 
                        or regulation'';
                    (B) in subparagraph (A), by inserting ``or 
                international governmental organization (as the case 
                may be)'' after ``of the boycotting country''; and
                    (C) in subparagraph (D)--
                            (i) by inserting ``, or requesting the 
                        furnishing of information,'' after ``Furnishing 
                        information''; and
                            (ii) by inserting ``or with the 
                        international governmental organization (as the 
                        case may be)'' after ``in the boycotting 
                        country''; and
            (2) in subsection (c)--
                    (A) by inserting ``, or requests to impose 
                restrictive trade practices or boycotts by foreign 
                countries,'' after ``foreign countries''; and
                    (B) by inserting ``or restrictive trade practices 
                or boycotts fostered or imposed by any international 
                governmental organization against Israel or requests to 
                impose restrictive trade practices or boycotts by any 
                international governmental organization against 
                Israel'' before the period at the end.
    (c) Violations of Section 8(a).--Section 11 of the Export 
Administration Act of 1979 (50 U.S.C. 4610) (as continued in effect 
pursuant to the International Emergency Economic Powers Act (50 U.S.C. 
1701 et seq.)) is amended--
            (1) in subsection (a), by inserting ``or (j)'' after 
        ``subsection (b)''; and
            (2) by adding at the end the following:
    ``(j) Violations of Section 8(a).--Whoever knowingly violates or 
conspires to or attempts to violate any provision of section 8(a) or 
any regulation, order, or license issued thereunder shall be fined in 
accordance with section 206 of the International Emergency Economic 
Powers Act (50 U.S.C. 1705).''.
    (d) Definition of International Governmental Organization.--Section 
16 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as 
continued in effect pursuant to the International Emergency Economic 
Powers Act (50 U.S.C. 1701 et seq.)) is amended--
            (1) by redesignating paragraphs (7) and (8) as paragraphs 
        (8) and (9), respectively; and
            (2) by inserting after paragraph (6) the following:
            ``(7) the term `international governmental organization' 
        includes the United Nations and the European Union;''.
    (e) Effective Date.--The amendments made by this section take 
effect on the date of the enactment of this Act and apply with respect 
to actions described in section 8(a) of the Export Administration Act 
of 1979 (as continued in effect pursuant to the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.)) taken or knowingly agreed 
to be taken on or after such date of enactment.
    (f) Implementation.--The President shall implement the amendments 
made by this section by exercising the authorities of the President 
under the International Emergency Economic Powers Act (50 U.S.C. 1701 
et seq.).

SEC. 5. POLICY OF THE UNITED STATES RELATING TO BOYCOTT OF ISRAEL UNDER 
              EXPORT-IMPORT BANK ACT OF 1945.

    Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635(b)(1)(B)) is amended in the sixth sentence by inserting after 
``child labor),'' the following: ``or opposing policies and actions 
that are politically motivated and are intended to penalize or 
otherwise limit commercial relations specifically with citizens or 
residents of Israel, entities organized under the laws of Israel, or 
the Government of Israel,''.

SEC. 6. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Actions to boycott, divest from, or sanction israel.--
        The term ``actions to boycott, divest from, or sanction 
        Israel'' has the meaning given that term in section 
        102(b)(20)(B) of the Bipartisan Congressional Trade Priorities 
        and Accountability Act of 2015 (19 U.S.C. 4201(b)(20)(B)).
            (2) International governmental organization.--The term 
        ``international governmental organization'' includes the United 
        Nations and the European Union.
            (3) Politically motivated.--The term ``politically 
        motivated'' means actions to impede or constrain commerce with 
        Israel that are intended to coerce political action from or 
        impose policy positions on Israel.
    (b) Rule of Construction.--Nothing in this section shall be 
construed to alter the established policy of the United States or to 
establish new United States policy concerning final status issues 
associated with the Arab-Israeli conflict, including border 
delineation, that can only be resolved through direct negotiations 
between the parties.
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