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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5595 Introduced in House (IH)]

<DOC>

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.
                                 <all>
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