[Congressional Record Volume 163, Number 101 (Wednesday, June 14, 2017)]
[Senate]
[Pages S3495-S3496]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 241. Mr. CARDIN (for himself, Mr. Portman, and Mr. Rubio)
submitted an amendment intended to be proposed by him to the bill S.
722, to impose sanctions with respect to Iran in relation to Iran's
ballistic missile program, support for acts of international terrorism,
and violations of human rights, and for other purposes; which was
ordered to lie on the table; as follows:
At the end, add the following:
TITLE II--ISRAEL ANTI-BOYCOTT ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Israel Anti-Boycott Act''.
SEC. 202. 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 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. 203. 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. 204. 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
[[Page S3496]]
(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. 205. 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. 206. DEFINITIONS.
(a) In General.--In this title:
(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.
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