Israel Anti-Boycott Act
This bill declares that Congress: (1) opposes the United Nations Human Rights Council resolution of March 24, 2016, which urges countries to pressure companies to divest from, or break contracts with, Israel; and (2) encourages full implementation of the United States-Israel Strategic Partnership Act of 2014 through enhanced, governmentwide, coordinated U.S.-Israel scientific and technological cooperation in civilian areas.
The bill amends the Export Administration Act of 1979 to declare that it shall be U.S. policy to oppose:
The bill prohibits any U.S. person engaged interstate or foreign commerce from supporting:
The bill amends the Export-Import Bank Act of 1945 to include as a reason for the Export-Import Bank to deny credit applications for the export of goods and services between the United States and foreign countries, opposition to 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.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1697 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 1697
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 HOUSE OF REPRESENTATIVES
March 23, 2017
Mr. Roskam (for himself, Mr. Vargas, Mr. Zeldin, and Mr. Sherman)
introduced the following bill; which was referred to the Committee on
Foreign Affairs, and in addition to the Committee on Financial
Services, 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 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 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Financial Services, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Financial Services, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Financial Services, 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.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported in the Nature of a Substitute (Amended) by Voice Vote.
Committee Agreed to Seek Consideration Under Suspension of the Rules, by Unanimous Consent.
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