,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #fjie ,,in ,,the ,,house ,,of ,,representatives ,june #ac1 #bjah,mr4 ,de,santis 7for himself and ,mr4 ,goodlatte7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committee on ,education and the ,workforce1 for a period to be subsequently determined by the ,speaker1 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 ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,export ,administration ,anti-,discrimination ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the ability of ,united ,states citizens to engage in international commerce is a fundamental concern of ,united ,states policy4 7#b7 ,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 trade1 consistent with the economic1 security1 and foreign policy objectives of the ,united ,states4 7#c7 ,it is in the best interest of the ,united ,states to protect countries friendly to the ,united ,states and ,united ,states persons residing1 operating1 or doing business in such countries from restrictive trade practices or boycotts4 7#d7 ,boycotts against friendly countries and their citizens1 or against ,united ,states companies doing business with such countries or citizens1 do not make for effective business decisionmaking1 prevent a business from making the best use of the resources available to it1 and should further be opposed as discriminatory4 7#e7 ,more than #de1jjj1jjj1jjj in goods and services is traded between ,israel and the ,united ,states annually1 in addition to roughly #aj1jjj1jjj1jjj per year in ,united ,states foreign direct investment in ,israel4 7#f7 ,fellow democratic countries1 such as ,israel and other allied countries1 are vital partners in the global pursuit of civil and human rights1 including the protection of free speech4 7#g7 ,the enactment of legislative prohibitions against discrimination in the commercial context or by federally funded programs1 including academic institutions1 is consistent with the ,united ,states ,constitution4 7#h7 ,attempts to single out ,israel and its citizens1 or other allied countries and their citizens1 for discriminatory boycotts violate fundamental principles of academic freedom4 #c4 ,statement of policy ,it shall be the policy of the ,united ,states-- 7#a7 to oppose restrictive trade practices or boycotts against other countries friendly to the ,united ,states or against any ,united ,states person2 and 7#b7 to require ,united ,states persons engaged in business anywhere to refuse to take actions1 including furnishing information or supporting restrictive trade practices or boycotts1 against a country friendly to the ,united ,states or against any ,united ,states person4 #d4 ,prohibition on boycotting friendly countries 7a7 ,prohibitions 7#a7 ,in general ,no ,united ,states person1 with respect to the activities of such person in the interstate or foreign commerce of the ,united ,states1 may knowingly take or agree to take any of the following actions in a manner that complies with1 furthers1 or supports any boycott against a boycotted country1 other than a country with respect to which the ,united ,states has imposed sanctions3 7,a7 ,refusing1 or requiring any other person to refuse1 to do business with or in the boycotted country1 with any business concern organized under the laws of the boycotted country1 with any national or resident of the boycotted country1 or with any other person1 pursuant to an agreement with1 a requirement of1 or a request from or on behalf of1 a boycotting entity4 7,b7 ,refusing or requiring any other person to refuse to employ1 or otherwise discriminating against1 any person on the basis of national origin of that person or of any owner1 officer1 director1 or employee of such person4 7,c7 ,furnishing information with respect to the national origin of any person or of any owner1 officer1 director1 or employee of such person in a manner that enables a boycotting entity to conduct a commercial boycott4 7,d7 ,furnishing information about whether any person has1 had1 or proposes to have any business relationship 7including a relationship by way of sale1 purchase1 legal or commercial representation1 shipping or other transport1 insurance1 investment1 or supply7 with or in the boycotted country1 with any business concern organized under the laws of the boycotted country1 or with any national or resident of the boycotted country4 7,e7 ,furnishing information about whether any person is a member of1 has made contribution to1 or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the boycotted country4 7,f7 ,establishing and acting on a formal or official policy of refusing to deal1 in any manner1 with an academic institution or scholar on the basis of the connection of such institution or scholar with the boycotted country4 7,g7 ,paying1 honoring1 confirming1 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 7,a7 through 7,f74 7#b7 ,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 ,states1 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 expression4 7b7 ,preemption ,the provisions of this section and any regulations issued pursuant to this section shall preempt any law1 rule1 or regulation of any of the several ,states or the ,district of ,columbia1 or any of the territories or possessions of the ,united ,states1 or of any governmental subdivision thereof1 to the extent that such law1 rule1 or regulation pertains to participation in1 compliance with1 implementation of1 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 entity4 #e4 ,penalties 7a7 ,intentional violations 7#a7 ,in general ,whoever intentionally violates1 or conspires or attempts to violate1 any provision of section #d-- 7,a7 in the case of an individual1 shall be fined not more than #bej1jjj1 or imprisoned not more than #aj years1 or both2 or 7,b7 shall be fined not more than five times the value of the transaction involved or #a1jjj1jjj1 whichever is greater4 7#b7 ,establishment of intent ,the absence of a business relationship with or in the boycotted country may not be construed to establish1 without more1 the intent required for a violation under this subsection4 7b7 ,knowing violations 7#a7 ,in general ,whoever knowingly violates1 or conspires or attempts to violate1 any provision of section #d shall be fined not more than five times the value of the transaction involved or #ej1jjj1 whichever is greater1 imprisoned not more than #e years1 or both4 7#b7 ,applicability ,a person may be found to knowingly violate a provision of section #d if the person allows an agent or employee of such person to violate any provision of section #d where the person has actual knowledge of such violation by such employee4 7c7 ,institutions of higher education 7#a7 ,in general ,except as provided in paragraph 7#b71 an institution of higher education may not receive ,federal funds if the ,secretary of ,commerce determines1 and notifies such institution1 that the institution has violated any provision of a regulation issued pursuant to section #d4 7#b7 ,exception ,the prohibition under paragraph 7#a7 shall not apply with respect to ,federal funds made available under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq474 7#c7 ,waiver 7,a7 ,in general ,the ,secretary may1 upon request from an institution of higher education that receives a notification under paragraph 7#a71 waive the application of the prohibition under paragraph 7#a7 to such institution4 7,b7 ,timely consideration ,the ,secretary may only consider a request for a waiver pursuant to subparagraph 7,a7 that is received not later than #cj days after the receipt of the applicable notification4 7#d7 ,restoration of eligibility ,a prohibition under paragraph 7#a7 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 violation4 7#e7 ,institution of higher education ,in this subsection1 the term institution of higher education has the meaning given such term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7d7 ,centralized complaint mechanism ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,commerce shall establish procedures to allow any person to complain of a violation of section #d of this ,act by a ,united ,states person1 and to refer such complaints to appropriate law enforcement entities4 #f4 ,private right of action 7a7 ,right ,to bring action in ,federal court ,any person who suffers injury to property or business as a result of a violation of section #d or any regulation issued pursuant to such section may bring an action in the appropriate district court of the ,united ,states4 7b7 ,damages2 relief ,in an action under this section1 the court may-- 7#a7 award damages1 in an amount not to exceed three times the value of the injury to the person bringing the action1 and may additionally award attorneys' fees and costs2 and 7#b7 order appropriate injunctive relief4 #g4 ,reports ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,commerce shall submit to the appropriate congressional committees a report listing-- 7#a7 each person that sponsored a commercial boycott against a friendly country to the ,united ,states in the prior calendar year2 and 7#b7 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 year4 #h4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives2 and 7,b7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,appropriations of the ,senate4 7#b7 ,boycotted country ,the term boycotted country shall be construed to include all territories controlled by such country4 7#c7 ,boycotting entity ,the term boycotting entity means any country or person calling for a commercial boycott of a boycotted country4 7#d7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4