Title: Export Administration Anti-Discrimination Act
Policy area: Foreign Trade and International Finance

Summary:
Export Administration Anti-Discrimination Act
This bill prohibits boycotts of countries that are friendly to the United States and of  U.S. persons (i.e., U.S. citizens, permanent residents, and domestic corporations and their foreign subsidiaries). It imposes a penalty for an intentional or knowing violation of such prohibition. The bill also prohibits federal funding for institutions of higher education that engage in such boycotts.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6095 Introduced in House (IH)]

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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.

    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 ``Export Administration Anti-
Discrimination Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The ability of United States citizens to engage in 
        international commerce is a fundamental concern of United 
        States policy.
            (2) It is important to the national interests of the United 
        States that both the private sector and the Federal Government 
        place a high priority on encouraging international trade, 
        consistent with the economic, security, and foreign policy 
        objectives of the United States.
            (3) It is in the best interest of the United States to 
        protect countries friendly to the United States and United 
        States persons residing, operating, or doing business in such 
        countries from restrictive trade practices or boycotts.
            (4) Boycotts against friendly countries and their citizens, 
        or against United States companies doing business with such 
        countries or citizens, do not make for effective business 
        decisionmaking, prevent a business from making the best use of 
        the resources available to it, and should further be opposed as 
        discriminatory.
            (5) More than $45,000,000,000 in goods and services is 
        traded between Israel and the United States annually, in 
        addition to roughly $10,000,000,000 per year in United States 
        foreign direct investment in Israel.
            (6) Fellow democratic countries, such as Israel and other 
        allied countries, are vital partners in the global pursuit of 
        civil and human rights, including the protection of free 
        speech.
            (7) The enactment of legislative prohibitions against 
        discrimination in the commercial context or by federally funded 
        programs, including academic institutions, is consistent with 
        the United States Constitution.
            (8) Attempts to single out Israel and its citizens, or 
        other allied countries and their citizens, for discriminatory 
        boycotts violate fundamental principles of academic freedom.

SEC. 3. STATEMENT OF POLICY.

    It shall be the policy of the United States--
            (1) to oppose restrictive trade practices or boycotts 
        against other countries friendly to the United States or 
        against any United States person; and
            (2) to require United States persons engaged in business 
        anywhere to refuse to take actions, including furnishing 
        information or supporting restrictive trade practices or 
        boycotts, against a country friendly to the United States or 
        against any United States person.

SEC. 4. PROHIBITION ON BOYCOTTING FRIENDLY COUNTRIES.

    (a) Prohibitions.--
            (1) In general.--No United States person, with respect to 
        the activities of such person in the interstate or foreign 
        commerce of the United States, may knowingly take or agree to 
        take any of the following actions in a manner that complies 
        with, furthers, or supports any boycott against a boycotted 
        country, other than a country with respect to which the United 
        States has imposed sanctions:
                    (A) Refusing, or requiring any other person to 
                refuse, to do business with or in the boycotted 
                country, with any business concern organized under the 
                laws of the boycotted country, with any national or 
                resident of the boycotted country, or with any other 
                person, pursuant to an agreement with, a requirement 
                of, or a request from or on behalf of, a boycotting 
                entity.
                    (B) Refusing or requiring any other person to 
                refuse to employ, or otherwise discriminating against, 
                any person on the basis of national origin of that 
                person or of any owner, officer, director, or employee 
                of such person.
                    (C) Furnishing information with respect to the 
                national origin of any person or of any owner, officer, 
                director, or employee of such person in a manner that 
                enables a boycotting entity to conduct a commercial 
                boycott.
                    (D) Furnishing information about whether any person 
                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) with or in 
                the boycotted country, with any business concern 
                organized under the laws of the boycotted country, or 
                with any national or resident of the boycotted country.
                    (E) Furnishing information about whether any person 
                is a member of, has made contribution to, or is 
                otherwise associated with or involved in the activities 
                of any charitable or fraternal organization which 
                supports the boycotted country.
                    (F) Establishing and acting on a formal or official 
                policy of refusing to deal, in any manner, with an 
                academic institution or scholar on the basis of the 
                connection of such institution or scholar with the 
                boycotted country.
                    (G) Paying, honoring, confirming, or otherwise 
                implementing a letter of credit which contains any 
                condition or requirement compliance with which requires 
                furnishing information or otherwise acting in any 
                manner described in subparagraphs (A) through (F).
            (2) Rule of construction with respect to antitrust and 
        civil rights laws.--Nothing in this section may be construed to 
        supersede or limit the operation of the antitrust or civil 
        rights laws of the United States, or to limit the rights 
        guaranteed to any person by the First Amendment to the United 
        States Constitution with respect to the freedoms of speech and 
        expression.
    (b) Preemption.--The provisions of this section and any regulations 
issued pursuant to this section shall preempt any law, rule, or 
regulation of any of the several States or the District of Columbia, or 
any of the territories or possessions of the United States, or of any 
governmental subdivision thereof, to the extent that such law, rule, or 
regulation pertains to participation in, compliance with, 
implementation of, or the furnishing of information regarding 
restrictive trade practices or boycotts fostered or imposed by foreign 
countries against other countries or called for by a boycotting entity.

SEC. 5. PENALTIES.

    (a) Intentional Violations.--
            (1) In general.--Whoever intentionally violates, or 
        conspires or attempts to violate, any provision of section 4--
                    (A) in the case of an individual, shall be fined 
                not more than $250,000, or imprisoned not more than 10 
                years, or both; or
                    (B) shall be fined not more than five times the 
                value of the transaction involved or $1,000,000, 
                whichever is greater.
            (2) Establishment of intent.--The absence of a business 
        relationship with or in the boycotted country may not be 
        construed to establish, without more, the intent required for a 
        violation under this subsection.
    (b) Knowing Violations.--
            (1) In general.--Whoever knowingly violates, or conspires 
        or attempts to violate, any provision of section 4 shall be 
        fined not more than five times the value of the transaction 
        involved or $50,000, whichever is greater, imprisoned not more 
        than 5 years, or both.
            (2) Applicability.--A person may be found to knowingly 
        violate a provision of section 4 if the person allows an agent 
        or employee of such person to violate any provision of section 
        4 where the person has actual knowledge of such violation by 
        such employee.
    (c) Institutions of Higher Education.--
            (1) In general.--Except as provided in paragraph (2), an 
        institution of higher education may not receive Federal funds 
        if the Secretary of Commerce determines, and notifies such 
        institution, that the institution has violated any provision of 
        a regulation issued pursuant to section 4.
            (2) Exception.--The prohibition under paragraph (1) shall 
        not apply with respect to Federal funds made available under 
        title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et 
        seq.).
            (3) Waiver.--
                    (A) In general.--The Secretary may, upon request 
                from an institution of higher education that receives a 
                notification under paragraph (1), waive the application 
                of the prohibition under paragraph (1) to such 
                institution.
                    (B) Timely consideration.--The Secretary may only 
                consider a request for a waiver pursuant to 
                subparagraph (A) that is received not later than 30 
                days after the receipt of the applicable notification.
            (4) Restoration of eligibility.--A prohibition under 
        paragraph (1) shall cease to apply with respect to an 
        institution of higher education beginning on the date on which 
        the Secretary determines that such institution has ceased such 
        violation.
            (5) Institution of higher education.--In this subsection, 
        the term ``institution of higher education'' has the meaning 
        given such term in section 102 of the Higher Education Act of 
        1965 (20 U.S.C. 1002).
    (d) Centralized Complaint Mechanism.--Not later than 1 year after 
the date of the enactment of this Act, the Secretary of Commerce shall 
establish procedures to allow any person to complain of a violation of 
section 4 of this Act by a United States person, and to refer such 
complaints to appropriate law enforcement entities.

SEC. 6. PRIVATE RIGHT OF ACTION.

    (a) Right To Bring Action in Federal Court.--Any person who suffers 
injury to property or business as a result of a violation of section 4 
or any regulation issued pursuant to such section may bring an action 
in the appropriate district court of the United States.
    (b) Damages; Relief.--In an action under this section, the court 
may--
            (1) award damages, in an amount not to exceed three times 
        the value of the injury to the person bringing the action, and 
        may additionally award attorneys' fees and costs; and
            (2) order appropriate injunctive relief.

SEC. 7. REPORTS.

    Not later than 180 days after the date of the enactment of this 
Act, and annually thereafter, the Secretary of Commerce shall submit to 
the appropriate congressional committees a report listing--
            (1) each person that sponsored a commercial boycott against 
        a friendly country to the United States in the prior calendar 
        year; and
            (2) each institution of higher education that has formally 
        or officially participated in a boycott against an academic 
        institution or scholar from a friendly country to the United 
        States in the prior calendar year.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Banking, Housing, and Urban 
                Affairs and the Committee on Appropriations of the 
                Senate.
            (2) Boycotted country.--The term ``boycotted country'' 
        shall be construed to include all territories controlled by 
        such country.
            (3) Boycotting entity.--The term ``boycotting entity'' 
        means any country or person calling for a commercial boycott of 
        a boycotted country.
            (4) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an entity.
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