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)]
<DOC>
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.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Higher Education and Workforce Development.
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