I 

115TH CONGRESS 

2D SESSION H. R. 6095 

To prohibit the boycotting of countries friendly to the United States, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2018 

Mr. DESANTIS (for himself and Mr. GOODLATTE) introduced the following 

bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Education and the Workforce, 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 

A BILL 

To prohibit the boycotting of countries friendly to the United 

States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Export Administration 

5 Anti-Discrimination Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The ability of United States citizens to en2 gage in international commerce is a fundamental 

3 concern of United States policy. 

4 (2) It is important to the national interests of 

5 the United States that both the private sector and 

6 the Federal Government place a high priority on en7 couraging international trade, consistent with the 

8 economic, security, and foreign policy objectives of 

9 the United States. 

10 (3) It is in the best interest of the United 

11 States to protect countries friendly to the United 

12 States and United States persons residing, oper13 ating, or doing business in such countries from re14 strictive trade practices or boycotts. 

15 (4) Boycotts against friendly countries and 

16 their citizens, or against United States companies 

17 doing business with such countries or citizens, do 

18 not make for effective business decisionmaking, pre19 vent a business from making the best use of the re20 sources available to it, and should further be op21 posed as discriminatory. 

22 (5) More than $45,000,000,000 in goods and 

23 services is traded between Israel and the United 

24 States annually, in addition to roughly 


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1 $10,000,000,000 per year in United States foreign 

2 direct investment in Israel. 

3 (6) Fellow democratic countries, such as Israel 

4 and other allied countries, are vital partners in the 

5 global pursuit of civil and human rights, including 

6 the protection of free speech. 

7 (7) The enactment of legislative prohibitions 

8 against discrimination in the commercial context or 

9 by federally funded programs, including academic in10 stitutions, is consistent with the United States Con11 stitution. 

12 (8) Attempts to single out Israel and its citi13 zens, or other allied countries and their citizens, for 

14 discriminatory boycotts violate fundamental prin15 ciples of academic freedom. 

16 SEC. 3. STATEMENT OF POLICY. 

17 It shall be the policy of the United States— 

18 (1) to oppose restrictive trade practices or boy19 cotts against other countries friendly to the United 

20 States or against any United States person; and 

21 (2) to require United States persons engaged in 

22 business anywhere to refuse to take actions, includ23 ing furnishing information or supporting restrictive 

24 trade practices or boycotts, against a country friendVerDate Sep 11 2014 21:45 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6095.IH H6095

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1 ly to the United States or against any United States 

2 person. 

3 SEC. 4. PROHIBITION ON BOYCOTTING FRIENDLY COUN4 TRIES. 

5 (a) PROHIBITIONS.— 

6 (1) IN GENERAL.—No United States person, 

7 with respect to the activities of such person in the 

8 interstate or foreign commerce of the United States, 

9 may knowingly take or agree to take any of the fol10 lowing actions in a manner that complies with, fur11 thers, or supports any boycott against a boycotted 

12 country, other than a country with respect to which 

13 the United States has imposed sanctions: 

14 (A) Refusing, or requiring any other per15 son to refuse, to do business with or in the boy16 cotted country, with any business concern orga17 nized under the laws of the boycotted country, 

18 with any national or resident of the boycotted 

19 country, or with any other person, pursuant to 

20 an agreement with, a requirement of, or a re21 quest from or on behalf of, a boycotting entity. 

22 (B) Refusing or requiring any other person 

23 to refuse to employ, or otherwise discriminating 

24 against, any person on the basis of national oriVerDate Sep 11 2014 21:45 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6095.IH H6095

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1 gin of that person or of any owner, officer, di2 rector, or employee of such person. 

3 (C) Furnishing information with respect to 

4 the national origin of any person or of any 

5 owner, officer, director, or employee of such 

6 person in a manner that enables a boycotting 

7 entity to conduct a commercial boycott. 

8 (D) Furnishing information about whether 

9 any person has, had, or proposes to have any 

10 business relationship (including a relationship 

11 by way of sale, purchase, legal or commercial 

12 representation, shipping or other transport, in13 surance, investment, or supply) with or in the 

14 boycotted country, with any business concern 

15 organized under the laws of the boycotted coun16 try, or with any national or resident of the boy17 cotted country. 

18 (E) Furnishing information about whether 

19 any person is a member of, has made contribu20 tion to, or is otherwise associated with or in21 volved in the activities of any charitable or fra22 ternal organization which supports the boy23 cotted country. 

24 (F) Establishing and acting on a formal or 

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1 ner, with an academic institution or scholar on 

2 the basis of the connection of such institution 

3 or scholar with the boycotted country. 

4 (G) Paying, honoring, confirming, or oth5 erwise implementing a letter of credit which 

6 contains any condition or requirement compli7 ance with which requires furnishing information 

8 or otherwise acting in any manner described in 

9 subparagraphs (A) through (F). 

10 (2) RULE OF CONSTRUCTION WITH RESPECT TO

11 ANTITRUST AND CIVIL RIGHTS LAWS.—Nothing in 

12 this section may be construed to supersede or limit 

13 the operation of the antitrust or civil rights laws of 

14 the United States, or to limit the rights guaranteed 

15 to any person by the First Amendment to the 

16 United States Constitution with respect to the free17 doms of speech and expression. 

18 (b) PREEMPTION.—The provisions of this section and 

19 any regulations issued pursuant to this section shall pre20 empt any law, rule, or regulation of any of the several 

21 States or the District of Columbia, or any of the territories 

22 or possessions of the United States, or of any govern23 mental subdivision thereof, to the extent that such law, 

24 rule, or regulation pertains to participation in, compliance 

25 with, implementation of, or the furnishing of information 


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1 regarding restrictive trade practices or boycotts fostered 

2 or imposed by foreign countries against other countries 

3 or called for by a boycotting entity. 

4 SEC. 5. PENALTIES. 

5 (a) INTENTIONAL VIOLATIONS.— 

6 (1) IN GENERAL.—Whoever intentionally vio7 lates, or conspires or attempts to violate, any provi8 sion of section 4— 

9 (A) in the case of an individual, shall be 

10 fined not more than $250,000, or imprisoned 

11 not more than 10 years, or both; or 

12 (B) shall be fined not more than five times 

13 the value of the transaction involved or 

14 $1,000,000, whichever is greater. 

15 (2) ESTABLISHMENT OF INTENT.—The absence 

16 of a business relationship with or in the boycotted 

17 country may not be construed to establish, without 

18 more, the intent required for a violation under this 

19 subsection. 

20 (b) KNOWING VIOLATIONS.— 

21 (1) IN GENERAL.—Whoever knowingly violates, 

22 or conspires or attempts to violate, any provision of 

23 section 4 shall be fined not more than five times the 

24 value of the transaction involved or $50,000, whichVerDate Sep 11 2014 21:45 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6095.IH H6095

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1 ever is greater, imprisoned not more than 5 years, 

2 or both. 

3 (2) APPLICABILITY.—A person may be found to 

4 knowingly violate a provision of section 4 if the per5 son allows an agent or employee of such person to 

6 violate any provision of section 4 where the person 

7 has actual knowledge of such violation by such em8 ployee. 

9 (c) INSTITUTIONS OF HIGHER EDUCATION.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), an institution of higher education may 

12 not receive Federal funds if the Secretary of Com13 merce determines, and notifies such institution, that 

14 the institution has violated any provision of a regula15 tion issued pursuant to section 4. 

16 (2) EXCEPTION.—The prohibition under para17 graph (1) shall not apply with respect to Federal 

18 funds made available under title IV of the Higher 

19 Education Act of 1965 (20 U.S.C. 1070 et seq.). 

20 (3) WAIVER.— 

21 (A) IN GENERAL.—The Secretary may, 

22 upon request from an institution of higher edu23 cation that receives a notification under para24 graph (1), waive the application of the prohibi25 tion under paragraph (1) to such institution. 


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1 (B) TIMELY CONSIDERATION.—The Sec2 retary may only consider a request for a waiver 

3 pursuant to subparagraph (A) that is received 

4 not later than 30 days after the receipt of the 

5 applicable notification. 

6 (4) RESTORATION OF ELIGIBILITY.—A prohibi7 tion under paragraph (1) shall cease to apply with 

8 respect to an institution of higher education begin9 ning on the date on which the Secretary determines 

10 that such institution has ceased such violation. 

11 (5) INSTITUTION OF HIGHER EDUCATION.—In 

12 this subsection, the term ‘‘institution of higher edu13 cation’’ has the meaning given such term in section 

14 102 of the Higher Education Act of 1965 (20 

15 U.S.C. 1002). 

16 (d) CENTRALIZED COMPLAINT MECHANISM.—Not 

17 later than 1 year after the date of the enactment of this 

18 Act, the Secretary of Commerce shall establish procedures 

19 to allow any person to complain of a violation of section 

20 4 of this Act by a United States person, and to refer such 

21 complaints to appropriate law enforcement entities. 

22 SEC. 6. PRIVATE RIGHT OF ACTION. 

23 (a) RIGHT TO BRING ACTION IN FEDERAL COURT.— 

24 Any person who suffers injury to property or business as 

25 a result of a violation of section 4 or any regulation issued 


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1 pursuant to such section may bring an action in the appro2 priate district court of the United States. 

3 (b) DAMAGES; RELIEF.—In an action under this sec4 tion, the court may— 

5 (1) award damages, in an amount not to exceed 

6 three times the value of the injury to the person 

7 bringing the action, and may additionally award at8 torneys’ fees and costs; and 

9 (2) order appropriate injunctive relief. 

10 SEC. 7. REPORTS. 

11 Not later than 180 days after the date of the enact12 ment of this Act, and annually thereafter, the Secretary 

13 of Commerce shall submit to the appropriate congressional 

14 committees a report listing— 

15 (1) each person that sponsored a commercial 

16 boycott against a friendly country to the United 

17 States in the prior calendar year; and 

18 (2) each institution of higher education that has 

19 formally or officially participated in a boycott 

20 against an academic institution or scholar from a 

21 friendly country to the United States in the prior 

22 calendar year. 

23 SEC. 8. DEFINITIONS. 

24 In this Act: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Foreign Affairs and 

5 the Committee on Appropriations of the House 

6 of Representatives; and 

7 (B) the Committee on Banking, Housing, 

8 and Urban Affairs and the Committee on Ap9 propriations of the Senate. 

10 (2) BOYCOTTED COUNTRY.—The term ‘‘boy11 cotted country’’ shall be construed to include all ter12 ritories controlled by such country. 

13 (3) BOYCOTTING ENTITY.—The term ‘‘boy14 cotting entity’’ means any country or person calling 

15 for a commercial boycott of a boycotted country. 

16 (4) UNITED STATES PERSON.—The term 

17 ‘‘United States person’’ means— 

18 (A) a United States citizen or an alien law19 fully admitted for permanent residence to the 

20 United States; or 

21 (B) an entity organized under the laws of 

22 the United States or of any jurisdiction within 

23 the United States, including a foreign branch of 

24 such an entity. 

Æ 


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