[Congressional Record Volume 170, Number 145 (Wednesday, September 18, 2024)]
[House]
[Pages H5350-H5353]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ANTI-BDS LABELING ACT
Mr. SMITH of Missouri. Mr. Speaker, pursuant to House Resolution
1455, I call up the bill (H.R. 5179) to require the maintenance of the
country of origin markings for imported goods produced in the West Bank
or Gaza, and for other purposes, and ask for its immediate
consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 1455, the
amendment in the nature of a substitute recommended by the Committee on
Ways and Means, printed in the bill, shall be considered as adopted and
the bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 5179
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 ``Anti-BDS Labeling Act''.
SEC. 2. CONTINUATION IN EFFECT OF COUNTRY OF ORIGIN MARKING
POLICY FOR IMPORTED GOODS PRODUCED IN THE WEST
BANK OR GAZA.
The policy of the Government of the United States with
respect to country of origin marking of imported goods
produced in the West Bank or Gaza, notice of which was
published by U.S. Customs and Border Protection in the
Federal Register on December 23, 2020 (85 Fed. Reg. 83984),
shall remain in effect until repealed by an Act of Congress.
SEC. 3. PROHIBITION ON USE OF FUNDS TO RESCIND OR CHANGE THE
COUNTRY OF ORIGIN MARKING POLICY FOR IMPORTED
GOODS PRODUCED IN THE WEST BANK OR GAZA.
Notwithstanding any other provision of law, none of the
funds authorized to be appropriated or otherwise made
available for the Department of State or U.S. Customs and
Border Protection on or after the date of the enactment of
this Act may be obligated or expended to prepare or
promulgate any policy; guidance; regulation; notice; or
Executive order or to otherwise implement, administer, or
enforce any policy that rescinds or changes the policy of the
Government of the United States with respect to country of
origin marking of imported goods produced in the West Bank or
Gaza, notice of which was published by U.S. Customs and
Border Protection in the Federal Register on December 23,
2020 (85 Fed. Reg. 83984).
The SPEAKER pro tempore. The bill, as amended, shall be debatable for
1 hour, equally divided and controlled by the chair and ranking
minority member of the Committee on Ways and Means, or their respective
designees.
The gentleman from Missouri (Mr. Smith) and the gentleman from
Illinois (Mr. Schneider) each will control 30 minutes.
The Chair recognizes the gentleman from Missouri (Mr. Smith).
General Leave
Mr. SMITH of Missouri. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in
[[Page H5351]]
which to revise and extend their remarks and include extraneous
material on this bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
There was no objection.
Mr. SMITH of Missouri. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of the Anti-BDS Labeling Act
introduced by my good friend and Committee on Ways and Means colleague,
Ms. Tenney.
For years, far-left progressives have targeted Israel through the
Boycott, Divestment and Sanctions movement. In fact, many of the recent
campus protests that we saw that came in the wake of the horrific
terrorist attacks on Israel shut down elite universities to try to
force university endowments to divest from Israel. For these
protesters, no step is too far to achieve their goals. The incidents of
harassment, bullying, and intimidation of Jewish students are at this
point too numerous to count.
The Ways and Means Committee will not stop holding these elite
universities accountable until every Jewish student feels safe on
campus.
This small, loud minority does not speak for the vast majority of
Americans. Let me be clear: America stands with Israel.
Under President Trump, the alliance between the United States and
Israel was stronger than ever before. He moved the U.S. Embassy to
Jerusalem. He brokered the Abraham Accords, sending a message to Iran
that Israel does not stand alone. He canceled President Obama's
disastrous Iran nuclear deal. The list goes on and on. One of the items
on that list of accomplishments was a move to counter the same BDS
movement fueling the chaos on college campuses.
In 2020, the Trump administration's Customs and Border Protection
clarified the labeling of items imported from Israel. Items coming from
regions of the West Bank under Israeli authority must be labeled as
coming from Israel, just as labels on items coming from Hamas-
controlled Gaza or areas of the West Bank outside of Israeli control
must reflect its origin as coming from one of those two areas.
This bill before us codifies this Trump rule into law and bans the
use of any Federal dollars to reverse or alter it. American families
should have this information in order to buy products that support
Israel's economy, particularly in a time of war.
Conversely, people should know if an item comes from a region
controlled by terrorists that kidnapped and killed their fellow
Americans. Public reports earlier this year indicated that the Biden-
Harris administration considered reversing this policy.
Once again, Mr. Speaker, Democrats are putting the demands of radical
progressives ahead of our best ally and our largest trading partner in
the Middle East.
Mr. Speaker, I urge my Democratic colleagues to vote ``yes'' on this
legislation and join us in empowering Americans looking to show their
support for Israel.
Mr. Speaker, I reserve the balance of my time.
Mr. SCHNEIDER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today to oppose H.R. 5179, the so-called Anti-BDS
Labeling Act.
Let me start with an observation. Since October 7, President Biden,
the United States Congress, and the United States people have
overwhelmingly stood in support of Israel as they fight an existential
war on multiple fronts. President Biden has stood with Israel longer
than any U.S. President in a time of war throughout Israel's 76-year
history.
Let me also be clear that the BDS movement is inherently anti-
Semitic. It is a harmful, discriminatory effort aimed at delegitimizing
Israel, the democratic Jewish State of Israel, and undermining Israel's
right to exist as a Jewish and democratic state.
I will agree with my colleague Chairman Smith, when he says there is
no place for harassment or intimidation of Jewish students or, for that
matter, any students on campus for what they believe in.
The protesters are loud. They scream. They yell. They have yelled
outside my house in the middle of the night. Being loud does not make
them right. It just means they are loud.
So while this body here, Republicans and Democrats, stands united in
opposing BDS, today's debate is much less about genuine support of
Israel and much more about political posture.
{time} 1530
I have consistently opposed BDS and worked to ensure U.S. policy does
not endorse discriminatory aims. However, H.R. 5179 is a symbolic
gesture with no real path forward in the Senate.
It does little to combat the global BDS effort and distracts from the
meaningful action required to strengthen our partnership with Israel
and promote a peaceful future for the region and all the people in the
region.
This issue isn't just about geopolitics or trade. It is about
consumer transparency. Americans want to know under what conditions
their products are made.
Whether it is Israeli law in a settlement, Palestinian Authority
control, or formerly Hamas-controlled Gaza, consumers deserve to
understand the governance and standards behind the products they buy.
The lack of clarity of the current framework does not meet their
demand for nuanced information about environment, labor, human rights,
or the quality of inspections of their purchases on products from
anywhere around the world including within Israel.
H.R. 5179 fails to address these concerns. It is a short-term
political move that ignores the complexity of the region and the demand
for thoughtful policies.
This bill won't help consumers make informed decisions, nor will it
move the needle on the broader challenges facing Israel. More broadly,
it doesn't help dismantle Hamas or rescue the hostages and restore a
political horizon for a two-state solution.
While I share the goal with my colleagues of countering BDS, H.R.
5179 does not achieve that. It is about showmanship, not about
substance. We need real bipartisan solutions that reflect the region's
complexities and offer the transparency consumers demand.
Mr. Speaker, I urge my colleagues to vote ``no'' and focus on actions
that will make a real difference.
Mr. SMITH of Missouri. Mr. Speaker, I yield such time as she may
consume to the gentlewoman from New York (Ms. Tenney).
Ms. TENNEY. Mr. Speaker, I rise in support of my bill, H.R. 5179, the
Anti-BDS Labeling Act.
The Anti-BDS Labeling Act would codify the Trump administration's
2020 U.S. Customs and Border Protection rule titled: ``Country of
Origin Marking of Products from the West Bank and Gaza.''
In 1997, the Palestinian Authority requested that the U.S. require
all goods made in Judea and Samaria, and Gaza to be labeled as ``Made
in West Bank/Gaza.'' This not only recognized Judea and Samaria, and
Gaza as one territorial unit, which is inaccurate, but also failed to
recognize that areas of Judea and Samaria are governed by Israel and
the Palestinian Authority.
The Trump administration's rule required goods made in Area C of
Judea and Samaria, which is fully controlled by Israel under the Oslo
Accords, to be labeled as ``Made in Israel.'' Under this rule, goods
made in Palestinian Authority-controlled Areas A and B of Judea and
Samaria to be labeled as ``Made in West Bank.'' This rule appropriately
recognizes the different governing authorities of various areas of
Judea and Samaria, as well as ensuring that Gaza and Judea and Samaria
are recognized as two different political areas.
The Anti-BDS Labeling Act would codify the Trump-era rule and
prohibit Federal funds to be used by the White House or executive
branch to alter the rule that is already in place.
For years, the Boycott, Divestment, and Sanctions movement has sought
to cripple the Israeli economy and impoverish individuals living in
Israeli-controlled areas of Judea and Samaria, and Israel at large.
The BDS movement has long targeted goods made in Israeli-controlled
areas of Judea and Samaria, sometimes referred to by anti-Israel
advocates as the ``occupied West Bank.'' I would like to remind
individuals who use this ridiculous term that the Oslo Accords, as
[[Page H5352]]
signed by Yitzhak Rabin and Yasser Arafat, divided Judea and Samaria
into three areas, with Israel administering security control over 82
percent of Judea and Samaria, and civil control of 60 percent of Judea
and Samaria.
This bill ensures that there is no distinction in labeling between
goods made in Israel and Israeli-controlled areas of Judea and Samaria.
During this difficult time, Congress must stand with Israel and support
our greatest ally in the region, the lone beacon of freedom and
democracy.
I am grateful to Chairman Smith and all my Ways and Means Republican
colleagues who are supporting this critical legislation, especially
when it passed through the House Ways and Means Committee. We must
stand with our greatest ally in the Middle East, Israel, and demand
accuracy in the labeling of goods imported to the United States, as
required by law.
This legislation sends a very clear signal that we will not tolerate
arbitrary differentiations in the labeling of goods from different
parts of Israel. Whether a good is made in Tel Aviv, Jerusalem, Efrat,
the Golan Heights, or Gush Etzion, it should be labeled as ``Made in
Israel.''
This is not about political posturing as the ranking member in
opposition says. This is about making sure that American citizens know
that when they are purchasing a product in Israeli-controlled Judea and
Samaria that they are purchasing a product that is made in Israel.
There is nothing discriminatory about that. It is about preventing the
erasing of the existence of Israel in this region of Israel.
Mr. Speaker, I encourage all my colleagues to support this
legislation. It is not political posturing. It is something to protect
Israeli products, Israeli individuals who are producing these products
and also to protect American citizens who would be purchasing this
product and who get to make a decision about what they would choose to
buy, whether it was made in Israel or not. They make that choice. That
is something that all Americans are entitled to under this labeling
act.
Mr. Speaker, I encourage all my colleagues to support this
legislation.
Mr. KILDEE. Mr. Speaker, I yield 5 minutes to the gentleman from
Texas (Mr. Doggett) who is a member of the Ways and Means Committee.
Mr. DOGGETT. Mr. Speaker, this bill wrongfully seeks to codify
Trump's one-state solution.
Strangely, Benjamin Netanyahu and Hamas completely agree on one
subject, they want from the river to the sea. The only question is: Who
gets to control and subjugates the other one?
I believe that subjugation is not security. Rather, it is a time bomb
that is just getting ready to explode causing more grief and misery to
all, as we are seeing now with the repeated rocket firing into Israel,
the ongoing destruction of Gaza, and the escalating settler violence in
the West Bank.
I strongly believe in Israel as a democratic Jewish state. The Hamas
attackers were not martyrs, they were murderers and rapists. They can
never be a partner for peace, but neither can Netanyahu's cohorts, Ben-
Gvir and Smotrich. They cannot be partners for peace. They have refused
to be partners for peace, nor do they prioritize the release of the
hostages. They continue to endanger Israeli security.
Smotrich, a self-described Fascist, wrongly insists that a hostage
deal would be surrender. He is responsible for the largest seizure of
land in the West Bank since the 1993 Oslo Accords. His myopic vision
for Israel is to annex everything and create a greater Israel that
incorporates all the so-called Palestinians.
In a June speech, he said: ``[We] created a separate civilian
system'' . . . ``It will be easier to swallow in the international and
legal context.''
Ben-Gvir told Israeli settlers: ``We are behind you. Run for the
hilltops, settle them.''
He promotes an exclusive Israeli control of the land from the Jordan
River to the Mediterranean Sea. The same message that those people
protesting Israel are advocating, he is also advocating. He has
distributed thousands of assault weapons to Israeli settlements to
drive Palestinians from the West Bank.
When dozens of armed Israeli settlers stormed one West Bank village,
firing bullets and setting homes on fire, they said that they were
``Ben-Gvir's gang here to kill the Arabs.''
Smotrich and Ben-Gvir should be sanctioned for their incitement of
violence. It has led to 1,000 incidents of settlers driving over 1,300
Palestinians from their homes since October 7, with 600 Palestinians
killed.
Unfortunately, at the same time that Gaza is being rendered
uninhabitable, Netanyahu's refusal to stop settler violence in the West
Bank and the expansion of these West Bank settlements are all designed
to prevent a Palestinian state from ever coming into being in a viable
way.
Like this very bill, their goal is to block creation of any
Palestinian state and to refer to it as Judea and Samaria, rather than
many of us, who consider ourselves to be strongly for Israel, calling
it the occupied territories because it has been occupied since the 1967
war.
The only hope for lasting peace and security is for a Jewish state
and a Palestinian state to be side by side and find security guarantees
for each. That will be a long, difficult, and challenging process. We
have been unable to accomplish it for decades, but it is the only
process that we can undertake that will truly lead to the survival and
the viability of Israel, so it is not a matter of a temporary peace and
another threat to innocent people on either side of the line.
Efforts to conflate the occupied territories with Israel defeat any
real hope of a lasting solution. We should reject the approach that
Trump, Ben-Gvir, Smotrich, Netanyahu, and Hamas all share, of a river
to the sea, a one-state approach, because that is only a recipe for an
endless war and untold suffering.
Mr. SMITH of Missouri. Mr. Speaker, I yield such time as he may
consume to the gentleman from Florida (Mr. Steube).
Mr. STEUBE. Mr. Speaker, I rise today in support of Ms. Tenney's
Anti-BDS Labeling Act. The United States is Israel's single largest
trade partner. This bill would codify a Trump administration notice
that required products made in certain areas of Judea and Samaria be
labeled as originating from Israel.
In April, I led a letter to the Biden-Harris administration slamming
them for considering reversing the labeling policy. It is common sense
for goods produced in certain areas of Judea and Samaria, also known as
the West Bank, to be labeled as made in Israel because Israel exercises
relevant authorities in these areas. President Trump was absolutely
right to issue the product of Israel policy because Israel is exactly
where these products originated.
Current law already requires accurate labeling. This should not be a
bill that we need to pass. This should be settled law, but the Biden-
Harris administration refuses to accept reality so they can, once
again, pander to certain radical terrorist sympathizers in their
political base.
If the Biden-Harris administration goes through with reversing trade
policy decision, it will legitimize anti-Semitic efforts to weaken and
isolate our closest ally in the Middle East.
In a time of global uncertainty, the last thing we should be doing is
abandoning our strongest ally in the Middle East.
Mr. Speaker, I am thankful that the House of Representatives is
taking up this important bill, and I urge all my colleagues to vote for
this important piece of legislation.
Mr. KILDEE. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Michigan (Ms. Tlaib).
Ms. TLAIB. Anti-Arab, anti-Muslim, and anti-Palestinian hate was in
full display at the Senate Judiciary Committee hearing yesterday, a
hearing that was intended, Mr. Speaker, to highlight the deadly hatred
that killed a 6-year-old boy, Wadea. He was stabbed 26 times in
Chicago. That is what our Senators used that moment for, to promote the
very hate that is against many of our communities.
Not to be outdone, my House colleagues are now pushing through
legislation right here to spread anti-Arab, anti-Muslim, and anti-
Palestinian rhetoric. So I am not surprised to see this bill.
What does this bill do?
It seeks to erase Palestine from products produced by Palestinians on
Palestinian farms. It requires products from large portions of
Palestine, including on illegal settlements defined
[[Page H5353]]
under international law in the West Bank to be labeled, ``Made in
Israel.''
So let's be clear. A vote for this bill would further support the
ethnic cleansing of Palestinians. A ``yes'' vote for this bill is
erasing the existence of Palestinians.
That is right, Mr. Speaker. Palestinians also have a right to exist.
The provisions of this bill, Mr. Speaker, have hateful and
discriminatory implications. We must stand against it and vote ``no.''
Mr. SMITH of Missouri. Mr. Speaker, I yield such time as he may
consume to the gentleman from Florida (Mr. Bean).
Mr. BEAN of Florida. Mr. Speaker, before I begin debate, I want to
remind everybody who is watching in America that Hamas is still holding
Americans hostage, and just recently they executed an American.
We still want to urge this administration to do all they can to bring
home not only Americans but release all of the hostages.
Mr. Speaker, anti-Semitism has no place in America. Disturbingly
radical activists and members of the anti-Semitic BDS movement continue
to wage economic warfare against the Jewish state.
In a world where anti-Semitism and acts of violence against the
Jewish people are more and more commonplace, we need to reassure our
close ally that the United States will not delegitimize her authority
nor punish her economy, rather, we must send a clear message that the
United States stands with Israel.
{time} 1545
We stand with Israel today. We will stand with Israel tomorrow. We
will stand with Israel always.
That is why I am proud to support Congresswoman Claudia Tenney and
Chairman Jason Smith's bill prohibiting the Biden-Harris administration
from assisting the anti-Semitic BDS movement in their efforts to target
specific goods made in portions of the West Bank controlled entirely by
Israel.
Mr. Speaker, I encourage my colleagues on both sides of the aisle to
join me in denouncing the anti-Semitic BDS movement and standing with
Israel by voting in favor of H.R. 5179, the Anti-BDS Labeling Act.
Mr. KILDEE. Mr. Speaker, I yield 2 minutes to the gentleman from New
York (Mr. Nadler), the ranking member of the House Judiciary Committee.
Mr. NADLER. Mr. Speaker, this partisan bill does nothing to combat
the BDS movement. Rather, it seeks to codify the policy of labeling
products that come from West Bank settlements as made in Israel.
In truth, such action is a backhanded attempt to illuminate a
congressional green light for Israeli annexation of area C of the West
Bank. Let's be clear. This measure is aimed at undermining American
support for a two-state solution and, therefore, the Biden-Harris
administration's critical and delicate efforts at diplomacy in the
region.
Mr. Speaker, as a lifelong Zionist and a deeply committed Jew, I take
Israel's safety and security incredibly seriously, so seriously that I
believe that Israel should not be used as a partisan football to
advance an electoral agenda.
Bringing this legislation to the floor is a Republican politically
motivated misadventure to force Democrats to oppose a bill with ``anti-
BDS'' in the title weeks before an election.
Republicans are seeking to use the United States' House of
Representatives to strengthen the foreign policy legacy of a desperate
former President Trump in the lead-up to November.
Mr. Speaker, we should not stand for it. I am sick and tired of the
Republicans' blatantly bad-faith maneuvers to further politicize
Israel, especially as we approach the 1-year anniversary of the
horrific attack of October 7, the deadliest day in Jewish history since
the Holocaust.
We deserve better, Mr. Speaker. The American people deserve better.
The Israeli and Palestinian people deserve better.
Mr. Speaker, I urge my colleagues not to take the bait and to oppose
this bill.
Mr. SMITH of Missouri. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, first off, this bill was marked up in committee back in
April, so it wasn't like it was done yesterday, and we have been
bringing this forward.
Also, Mr. Speaker, it is extremely important to note that what this
bill does is it codifies current rules that were put into place by the
Trump administration, but the Biden administration has rescinded almost
everything of Trump's except for tariffs and this policy.
They have not rescinded it. If Democrats thought it was bad, my
colleagues on the other side of the aisle would have rescinded it. I
would hope the President's own party would support it, but we will see
today.
Mr. Speaker, I reserve the balance of my time.
Mr. KILDEE. Mr. Speaker, I have no further speakers. In closing, I
urge my colleagues to oppose this legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. SMITH of Missouri. Mr. Speaker, I yield myself the balance of my
time to close.
Mr. Speaker, the old saying is, ``knowledge is power.'' By codifying
the Trump-era rule that currently labels items coming from Israel as
originating in Israel, this body can empower individual Americans to
buy products supporting our ally.
I thank Representatives Claudia Tenney and Greg Steube, both of whom
have been leaders on this issue, for sounding the alarm about the
attempt by the Biden-Harris administration to weaken Israel.
Congress should not even have to debate this topic, but the Customs
and Border Protection rule in question provides no special treatment to
Israel, but it does extend fair treatment to their exports. After more
than 3 years in office, the Biden-Harris administration has not changed
this policy.
Unfortunately, reports earlier this year indicated that the Biden-
Harris administration was preparing to overturn this policy. Such a
change could still happen at any time unless Congress acts.
This proposed reversal would hurt both American consumers and our
ally. Israel's economy is slowing from the strain of a war it didn't
start. The last thing Israel needs as it fights to end this war are
trade barriers that make it harder to choose Israeli products.
The loss of revenue from American businesses and consumers would only
magnify the harm done to Israel by this war. More importantly, this
proposed reversal of sound policy seems to be driven more by political
pandering than a consideration for Israel's ability to defend and
provide for itself while under attack.
House Republicans have made our commitment to supporting our friend
and ally crystal clear. We have not left Israel wondering and worrying
whether Republicans will support them.
This bill is a clear opportunity to stand with Israel and empower
American families, and I hope that the minority will join us in sending
a clear message that Congress and America will support our ally.
Mr. Speaker, I urge all my colleagues to vote ``yes'' on the
legislation, and I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Ellzey). All time for debate has
expired.
Pursuant to House Resolution 1455, the previous question is ordered
on the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. KILDEE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
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