[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     shall remain in effect until repealed by an Act of Congress.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.

                          ____________________