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Anti-boycott, State Contracts, State Investments

Full Text

Read HR3016 (2023)

HR3016 amends the 2018 Anti-Boycott Act to apply its anti-boycott provisions to international governmental organizations, such as the United Nations. Violations may be punishable by severe fines, up to 300,000incivilcases,upto300,000 in civil cases, up to 300,000incivilcases,upto1 million in criminal cases and up to 20 years in prison.

The bill prohibits U.S. entities from complying with or supporting boycotts of Israel fostered or imposed by international governmental organizations, including “furnishing information” about business relationships in boycotted countries. Sponsors of the bill have made clear that the bill is intended to shield Israel from international accountability efforts, and previous bills have specifically prohibited the “furnishing information” for the U.N. Human Rights Council’s database of entities contributing to Israel’s illegal settlements.

Legislation

S1637 (2023)

Status

Pending

Introduced

May 2023

Type(s)

Full Text

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S1637, known as the Combating BDS Act of 2023, is an anti-boycott bill that purports to authorize state and local legislation prohibiting state investments in or state contracts with entities that engage in boycott, divestment, and sanctions campaigns for Palestinian rights. The bill claims that such measures are not preempted by federal law and defines BDS activities to include boycotts of Israel and persons doing business in Israel or its illegal settlements. Several courts, however, have blocked state anti-boycott laws over concerns that they suppress constitutionally protected political expression. Previous versions of the bill failed after activists, media, and civil liberties groups raised constitutional concerns (S 1, HR 2856, S 170, HR 4514, S 2531).

Legislation

HR 3773 (2023)

Status

Pending

Introduced

May 2023

Type(s)

Anti-boycott, State Contracts

Full Text

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This antisemitism redefinition bill amends the Higher Education Act of 1965 to prohibit institutions of higher education from participating in federal student loan and grant programs if they “authorize, facilitate, provide funding for, or otherwise support” events that run afoul of the distorted IHRA definition of antisemitism, including its contemporary examples that target advocacy for Palestinian rights.

Legislation

HR 4564 (2023)

Status

Pending

Introduced

July 2023

Type(s)

Full Text

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This anti-boycott bill prohibits any federal government entity from entering into contracts with companies, including non-profits, that boycott Israel or “a person doing business in or with Israel, or authorized by, licensed by, or an entity organized under the laws of the State of Israel” which would encompass illegal Israeli settlements. Contractors must provide a written certification that they are not and will not for the duration of the contract engage in such boycotts. The bill excludes contracts with a total value of less than $100,000 and contractors that have fewer than 10 employees.

Legislation

S 431 (2023)

Status

Pending

Introduced

February 2023

Type(s)

Full Text

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S 431 withholds U.S. funding for the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) unless the Secretary of State certifies in writing that no UNRWA employee, contractor, or partner organization has criticized Israel, expressed support for boycotts for justice, or propagated antisemitic rhetoric. Examples of prohibited rhetoric include “describing Israelis as ‘occupiers’ or ‘settlers,’” expressing support for BDS, and advocating for the right of return. In defining antisemitism, the bill relies on the distorted IHRA definition, including its contemporary examples related to Israel. The IHRA definition conflates criticism of Israel and Palestinians’ lived experiences with anti-Jewish hate, infringing on protected expression and exacerbating anti-Palestinian racism. Similar bills introduced in previous sessions failed to pass.

Legislation

HR 644

Status

In Effect

In Effect Since

February 2016

Type(s)

Full Text

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HR 644, the Trade Facilitation and Trade Enforcement Act of 2015, contains several anti-boycott measures, including a statement of policy opposing “politically motivated actions” to penalize or limit commercial relations with Israel, such as BDS campaigns. The law states that discouraging boycotts for Palestinian rights is a principal U.S. objective in negotiating foreign trade agreements. It directs the President to report annually on BDS efforts to Congress, including on the specific steps the United States is taking to discourage other countries or international organizations from establishing barriers to trade with Israel or its illegal settlements. The bill also bars state and federal courts from recognizing or enforcing foreign judgments against U.S. persons that are based on a finding that conducting business in Israel or Israeli-controlled territories violates the law. After signing HR 644 into law, President Obama issued a signing statement that the law’s conflation of Israel and the territories it occupies is “contrary to longstanding bipartisan United States policy” and signaled that his administration would not apply those aspects of the law. Related legislation: S 1269, HR 1907.

Legislation

HR 2146

Status

In Effect

In Effect Since

June 2015

Type(s)

Full Text

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HR 2146 includes the Trade Promotion Authority or Bipartisan Congressional Trade Priorities and Accountability Act of 2015. This anti-boycott law states that discouraging boycotts for Palestinian rights is a principal objective for the United States in negotiating with foreign countries in the Transatlantic Trade and Investment Partnership (TTIP). Similarly, the United States will “seek the elimination of politically motivated nontariff barriers” imposed on goods from Israel or its illegal settlements. Earlier versions of this and related bills had included affirmative reporting requirements and provisions calling for state anti-boycott legislation. Subsequent to the passage of HR 2146, the Obama Administration reiterated the U.S. government’s position not to support Israel’s settlements or pursue policies that legitimize them. Related legislation: S 995, HR 1890, HR 1314 (relevant amendments were removed prior to the bill’s passage).

Legislation

EO 13899

Status

In Effect

In Effect Since

December 2019

Type(s)

Full Text

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This antisemitism redefinition executive order was signed by Donald Trump on December 11, 2019. The order directs government agencies charged with enforcing Title VI of the Civil Rights Act, including the Department of Education, to consider a distorted definition of antisemitism designed to censor advocacy for Palestinian rights. Attempts to pass similar legislation in Congress have failed to date (S 852, HR 4009 (2019), S 2940, HR 5924, S 10, HR 6421) following criticism from activists and civil liberties groups over the legislation’s clear encroachment on political speech.

The order incorporates the International Holocaust Remembrance Alliance (IHRA) definition and its problematic contemporary examples, which falsely conflate political criticism of Israel with antisemitism. Past efforts to deploy the redefinition to silence advocacy for Palestinian rights leave little doubt that the order will be used to justify federal investigations into Palestine activism on campuses while adding no new legal protections for Jewish or other students affected by a resurgence of violent white nationalist antisemitism and racism. Since the order was signed, there has been an uptick in federal complaints and investigations against campus Palestine advocacy.

Legislation

HR 7900, Amendment 367 (2022)

Status

Defeated

Defeated On

July 2022

Type(s)

Read HR 7900, Amendment 367 (2022)

Full Text

HR 7900 is the National Defense Authorization Act for 2023. Amendment 367 of US HR 7900 requires the U.S. Department of Defense to issue a report confirming that none of their contractors participate in or support any effort “based on a belief that Israel is oppressing Palestinians” that promotes boycotts for justice.

Legislation

HR 7900, Amendment 731 (2022)

Status

Defeated

Defeated On

July 2022

Type(s)

Read HR 7900, Amendment 731 (2022)

Full Text

HR 7900 is the National Defense Authorization Act for 2023. Amendment 731 establishes that it is the policy of the U.S. to seek to abolish the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, an entity established to investigate all alleged violations of international law surrounding the Unity Intifada.

Legislation

HB 7223 (2022)

Status

Defeated

Defeated On

January 2023

Type(s)

Full Text

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HB 7223 seeks the abolition of and withholding of funds from the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel, an accountability mechanism established in 2021 to investigate international law violations around the Unity Uprising. Related bill: S 4389.

Legislation

S 4389 (2022)

Status

Defeated

Defeated On

January 2023

Type(s)

Full Text

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S 4389 seeks the abolition of and withholding of funds from the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel, an accountability mechanism established in 2021 to investigate international law violations around the Unity Uprising. Related bill: HB 7223.

Legislation

S Con Res 14, SA 3357 (2021)

Status

Defeated

Defeated On

August 2021

Type(s)

Read S Con Res 14, SA 3357 (2021)

Full Text

S Con Res 14, SA 3357 is an anti-boycott amendment to the congressional budget bill that allows Congress to withhold federal funding from manufacturers that engage in boycotts for justice against US allies, including Israel.

Legislation

S Con Res 14, SA 3358 (2021)

Status

Defeated

Defeated On

August 2021

Type(s)

Read S Con Res 14, SA 3358 (2021)

Full Text

S Con Res 14, SA 3358 is an anti-boycott amendment to the congressional budget bill that prohibits use of nutrition assistance funds, like SNAP, to buy products from companies that boycott US allies, including Israel.

Legislation

HR 3515 (2021)

Status

Defeated

Defeated On

January 2023

Type(s)

Full Text

Read HR 3515 (2021)

HR 3515 attempts to link antisemitic hate crimes with protests against Israel’s violence against Palestinians. The bill, which has only Republican sponsors, calls for the Attorney General to issue guidance for law enforcement agencies to raise awareness of antisemitic hate crimes pursuant to the act. In the press release for a nearly identical Senate bill S 1939, Republican Senator Mitch McConnell smeared BDS as antisemitic and implied that boycotts for justice are on par with violent antisemitic hate crimes that the bill seeks to address. Related bill: S 1939.

Legislation

S 1939 (2021)

Status

Defeated

Defeated On

January 2023

Type(s)

Full Text

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S 1939 attempts to link antisemitic hate crimes with protests against Israel’s violence against Palestinians. The bill, which has only Republican sponsors, references IHRA’s distorted definition of antisemitism, and calls for the Attorney General to issue guidance for law enforcement agencies to raise awareness of antisemitic hate crimes pursuant to the act. In a press release, Republican Senator Mitch McConnell smeared BDS as antisemitic and implied that boycotts for justice are on par with the violent antisemitic hate crimes that the bill seeks to address. Related bill: HR 3515.

Legislation

S 2829 (2021)

Status

Defeated

Defeated On

January 2023

Type(s)

Full Text

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S 2829 is an anti-boycott bill that enables corporate shareholders to sue companies for taking actions on a basis “facially unrelated to the pecuniary interest” of the company, which includes business decisions that aim to address racial, gender, or other forms of injustice. At the same time, the bill prohibits shareholders from suing companies that seek to punish other companies for boycotting Israel. The bill also calls for stock exchanges to delist companies that fail to follow the bill’s requirements. The bill explicitly targets “‘woke’ social policy actions” on the part of corporations at the same time that it encourages companies to punish boycotts for justice.

Legislation

HR 4350 Amdt. 380 (2021)

Status

Defeated

Defeated On

September 2021

Type(s)

Read HR 4350 Amdt. 380 (2021)

Full Text

Amendment 380 to the National Defense Authorization Act of 2022 withholds research and development funding from universities that sponsor or endorse campus events involving “convicted terrorists.” Palestinian rights advocacy is clearly the target of this amendment, which was introduced by Rep. Gottheimer following the censorship by Zoom of campus events featuring Palestinian activist Leila Khaled. This amendment was later withdrawn.

Legislation

HR 5665 (2021)

Status

Defeated

Defeated On

January 2023

Type(s)

Full Text

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This bill, titled the Combating International Islamophobia Act, was introduced by Rep. Ilhan Omar and calls on the State Department to establish an Office to Monitor and Combat Islamophobia. The debate surrounding the bill, as well as the 15 amendments that were introduced, were rife with Islamophobia. Opponents of the bill attempted to shift the debate to antisemitism and criticism of Israel. The version passed by the House included an amendment stating, “No funds made available pursuant to this Act or an amendment made by this Act may be used to promote or endorse a Boycott, Divestment, Sanctions (BDS) movement ideology.”

Legislation

HR 4521 (2021)

Status

Defeated

Defeated On

January 2023

Type(s)

Full Text

Read HR 4521 (2021)

HR 4521 is a large bill called the “America COMPETES Act,” and the bulk of the bill is unrelated to advocacy for Palestinian rights. The version passed in the House includes a non-germane amendment directing the Permanent Representative of the United States to the United Nations to work to end the UN Commission of Inquiry investigating violations of international law surrounding 2021’s Unity intifada, including Israel’s forced displacement of Palestinians in East Jerusalem and its attacks on Gaza. The Senate version includes an amendment that bars participation of any country “that takes actions to boycott, divest from, or sanction Israel” or its illegal settlements from National Science Foundation Technology and Innovations programs.

Legislation

S 3999 (2022)

Status

Defeated

Defeated On

January 2023

Type(s)

Full Text

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This bill would prohibit Amnesty International, an international human rights organization, from receiving any federal funds, and would make Amnesty International’s employees ineligible to receive any financial benefit from the United States government. Although Israel is not mentioned in the bill, a statement by the bill’s sponsors makes clear this bill is aimed at Amnesty’s work holding Israel accountable for human rights violations. Earlier in 2022, Amnesty International released a comprehensive report documenting Israel’s system of apartheid against Palestinians.

Legislation

S 2489 (2021)

Status

Defeated

Defeated On

January 2023

Type(s)

Full Text

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S 2489 requires an act of Congress in order to reverse Trump-era guidelines that require goods produced in Areas C and H2 in the West Bank to be labeled as “Made in Israel.” Republican Senator Marco Rubio, one of the bill’s sponsors, smears boycotts for justice while defending Israel’s illegal settlements to explain his support for the bill: “The bill would prohibit the Biden Administration from issuing new labelling guidelines that would help the anti-Semitic Boycott, Divestment, and Sanctions (BDS) movement target specific goods made in the territory controlled by Israel.

Legislation

S 3467 (2022)

Status

Defeated

Defeated On

January 2023

Type(s)

Full Text

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S 3467 withholds U.S. funding for the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) unless the Secretary of State certifies in writing that no UNRWA employee, contractor, or partner organization has criticized Israel, expressed support for boycotts for justice, or propagated antisemitic rhetoric. Examples of prohibited rhetoric include “describing Israelis as ‘occupiers’ or ‘settlers,’” expressing support for BDS, and advocating for the right of return. In defining antisemitism, the bill relies on the distorted IHRA definition, including its contemporary examples related to Israel. The IHRA definition has been widely criticized for encompassing nearly all criticism of Israel and circumscribing protected political speech activities. Related bills: S 2479, HR 4721.

Legislation

HR 4721 (2021)

Status

Defeated

Defeated On

January 2023

Type(s)

Full Text

Read HR 4721 (2021)

HR 4721 withholds U.S. funding for the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) unless the Secretary of State certifies in writing that no UNRWA employee, contractor, or partner organization has criticized Israel, expressed support for boycotts for justice, or propagated antisemitic rhetoric. Examples of prohibited rhetoric include “describing Israelis as ‘occupiers’ or ‘settlers,’” expressing support for BDS, and advocating for the right of return. In defining antisemitism, the bill relies on the distorted IHRA definition, including its contemporary examples related to Israel. The IHRA definition has been widely criticized for encompassing nearly all criticism of Israel and circumscribing protected political speech activities. Related bills: S 2479, S 3467.

Legislation

S 2479 (2021)

Status

Defeated

Defeated On

January 2023

Type(s)

Full Text

Read S 2479 (2021)

S 2479 withholds U.S. funding for the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) unless the Secretary of State certifies in writing that no UNRWA employee, contractor, or partner organization has criticized Israel, expressed support for boycotts for justice, or propagated antisemitic rhetoric. Examples of prohibited rhetoric include “describing Israelis as ‘occupiers’ or ‘settlers,’” expressing support for BDS, and advocating for the right of return. In defining antisemitism, the bill relies on the distorted IHRA definition, including its contemporary examples related to Israel. The IHRA definition has been widely criticized for encompassing nearly all criticism of Israel and circumscribing protected political speech activities. Related bills: HR 4721, S 3467.

Legislation

HR 6940 (2022)

Status

Defeated

Defeated On

January 2023

Type(s)

Full Text

Read HR 6940 (2022)

HR 6940, titled the Israel Anti-Boycott Act, is an anti-boycott bill that criminalizes participation in boycotts of Israel, singling out international efforts to hold Israel accountable for its illegal settlements. The bill amends the Export Control Reform Act (ECRA) of 2018, a successor to the Export Administration Act of 1979 that targeted the Arab League boycott, to prohibit U.S. entities from complying with or supporting boycotts of Israel fostered or imposed by international governmental organizations. This prohibition includes “furnishing information” for the U.N. Human Rights Council’s database of entities contributing to Israel’s illegal settlements. Violations may be punishable by severe fines, up to 300,000incivilcasesandupto300,000 in civil cases and up to 300,000incivilcasesandupto1 million in criminal cases, though the possibility of prison time included in previous iterations has been removed.

This bill is identical to HR 5595, which was defeated in 2021. Similar bills failed to pass in the last Congress after multiple revisions (S 720, HR 1697).

Legislation

HR 1319 (2021), Amendment 194

Status

Defeated

Defeated On

February 2021

Type(s)

Read HR 1319 (2021), Amendment 194

Full Text

This amendment to the 2021 COVID Relief Bill, introduced in the House Rules Committee, would have prohibited funding in the bill from going to “any nongovernmental organization, contractor, or grantee that promotes the Boycott, Divestment and Sanctions (BDS) movements against the State of Israel.” The amendment was voted down by the Committee.

Legislation

S1260, SA1502 (2021)

Status

Defeated

Defeated On

January 2023

Type(s)

Read S1260, SA1502 (2021)

Full Text

Introduced as an amendment to S. 1260 and adopted in committee, this provision excludes countries that boycott Israel or its illegal settlements from the bill’s $100 million investment in global technological advancements. The bill adopts the definition of boycotts provided in the 2015 Trade Promotion Authority law. The anti-boycott amendment was introduced by Sen. Ted Cruz (R-TX) in the midst of Israel’s assault on Gaza and ongoing ethnic cleansing in Jerusalem neighborhoods. While there are few countries that boycott Israel, Cruz’s amendment is aimed at chilling boycotts in support of Palestinian rights. The anti-boycott provisions were part of the version of the bill that passed the Senate in June 2021.

Legislation

S 2119 (2021)

Status

Defeated

Defeated On

January 2023

Type(s)

Full Text

Read S 2119 (2021)

S 2119, known as the Combating BDS Act of 2021, is an anti-boycott bill that purports to authorize state and local legislation prohibiting state investments in or state contracts with entities that engage in boycott, divestment, and sanctions campaigns for Palestinian rights. The bill claims that such measures are not preempted by federal law and defines BDS activities to include boycotts of Israel and persons doing business in Israel or its illegal settlements. Several courts, however, have blocked state anti-boycott laws over concerns that they suppress constitutionally protected political expression. Previous versions of the bill failed after activists, media, and civil liberties groups raised constitutional concerns (S 1, HR 2856, S 170, HR 4514, S 2531).

Legislation

HR 2232

Status

Defeated

Defeated On

January 2019

Type(s)

Anti-boycott, State Contracts

Full Text

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This anti-boycott bill targets boycott, divestment, and sanctions efforts as well as efforts to seek accountability via the United Nations for Israel’s ongoing violations of international law. While imposing a host of requirements on US funding for UNRWA, the Human Rights Council, and the Office of the High Commissioner for Human Rights, the bill also states that it is the “policy of the United States to take steps to repeal Resolution A/HRC/31/L.38,” which called for the creation of a database of entities contributing to Israel’s illegal settlements. The bill further requires the President to work to secure the adoption of a UN General Assembly resolution that would label boycott, divestment, and sanctions activities as antisemitic.

Legislation

HR 769

Status

Defeated

Defeated On

January 2019

Type(s)

Defunding

Full Text

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This anti-boycott defunding bill targets efforts to seek accountability via the United Nations for Israel’s ongoing violations of international law. The bill requires the United States government to cease its contributions to the United Nations until the President certifies that UN Security Council Resolution 2334 has been repealed. UN Security Council Resolution 2334 (2016) reaffirmed that Israel’s illegal settlements constitute a flagrant violation of international law. The US broke from its practice of blocking UN accountability measures focused on Israel and abstained rather than vetoing the resolution, causing consternation among pro-Israel groups. Related Bill: S 107.

Legislation

S 107

Status

Defeated

Defeated On

January 2019

Type(s)

Defunding

Full Text

Read S 107

Legislation

HR 4009 (2014)

Status

Defeated

Defeated On

December 2014

Type(s)

Anti-boycott, Defunding

Full Text

Read HR 4009 (2014)

HR 4009 is an anti-boycott defunding bill that amends the Higher Education Act to make higher education institutions that participate in boycotts of Israel ineligible for federal financial assistance under the Act, which typically funds area studies programs. The bill would require the formation of a public blacklist of such institutions. “Participating” in a boycott of “Israeli institutions or scholars” includes when “any significant part of the institution, or any organization significantly funded by the institution adopts a policy or resolution, issues a statement, or otherwise formally establishes the restriction” of academic involvement based on institutions or academics’ connection to Israel. It was introduced in the wake of the American Studies Association’s resolution endorsing the boycott of Israeli academic institutions complicit in Israel’s violations of Palestinian rights, which triggered a wave of efforts to penalize such boycotts.

Legislation

HR 4776

Status

Defeated

Defeated On

December 2014

Type(s)

Anti-boycott, Defunding

Full Text

Read HR 4776

HR 4776 is an anti-boycott defunding bill that prohibits institutions of higher education that participate in boycotts of Israel from receiving any federal funds. The bill specifies that federal funds cannot be used to enter into contracts or other agreements, make grants, or provide loans to any institution “that participates in a boycott of the Israeli government, economy, or academia.” The prohibition extends to funds available through the Higher Education Act, which funds area studies programs. Participating in a boycott includes an institution that “adopts a policy or resolution, issues a statement, or otherwise formally establishes the restriction of discourse, cooperation . . . or any other involvement with the Israeli government, economy, or academia.” The bill would require the creation of a public blacklist of institutions determined to be participating in such a boycott. The bill was introduced in the wake of the American Studies Association’s resolution endorsing the boycott of Israeli academic institutions complicit in Israel’s violations of Palestinian rights, which triggered a wave of efforts to penalize such boycotts.

Legislation

HR 5727

Status

Defeated

Defeated On

December 2014

Type(s)

Full Text

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HR 5727 is an anti-boycott bill that amends the 1979 Export Administration Act, under which federal contractors were prohibited from boycotting Israel pursuant to the Arab League boycott. The amendment requires that prospective contractors provide written certification that they “are not a boycotting person.” A boycott refers in the bill to “refusing, or requiring any other person to refuse, to do business with or in the boycotted country, with any national or resident of the boycotted country, or a business concern organized under the laws of the boycotted country.” The bill expands prohibited boycotts beyond the Arab League boycott to include “any boycott against a country with which the United States has a free trade agreement.” In doing so, the bill conflates coercive commercial boycotts like the Arab League boycott with, for example, constitutionally protected political expression in support of Palestinian rights. The bill also requires the publication of a list of contractors that have been debarred or suspended from eligibility for federal contracts because of a false certification.

Legislation

HR 825

Status

Defeated

Defeated On

January 2017

Type(s)

Full Text

Read HR 825

HR 825, the United States-Israel Trade and Commercial Enhancement Act of 2015, is an anti-boycott bill. Under the bill, the United States considers discouraging boycotts for Palestinian rights as a principal objective in negotiating foreign trade agreements. It directs the President to report annually on BDS efforts to Congress, including on the specific steps the United States is taking to discourage other countries or international organizations from establishing barriers to trade with Israel or its illegal settlements.

The bill amends the Securities Exchange Act of 1934 to require foreign issuers traded on the stock market to disclose whether they participated in economic boycotts of Israel or entities operating in Israel or territories it controls in the last calendar year.

Finally, the bill states that no U.S. court may recognize or enforce any foreign judgments against U.S. persons that are based on a finding that conducting business in Israel or Israeli-controlled territories violates the law. Related legislation: S 619.

Legislation

S 619

Status

Defeated

Defeated On

January 2017

Type(s)

Anti-boycott, State Contracts

Full Text

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S 619, the United States-Israel Trade and Commercial Enhancement Act of 2015, is an anti-boycott bill. Under the bill, the United States considers discouraging boycotts for Palestinian rights as a principal objective in negotiating foreign trade agreements. Related legislation: HR 825.

Legislation

HR 1572

Status

Defeated

Defeated On

January 2017

Type(s)

Full Text

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HR 1572 is an anti-boycott bill that amends the 1979 Export Administration Act, under which federal contractors were prohibited from boycotting Israel pursuant to the Arab League boycott. The amendment requires that prospective contractors provide written certification that they “are not a boycotting person.” A boycott refers in the bill to “refusing, or requiring any other person to refuse, to do business with or in the State of Israel, with any national or resident of the State of Israel, or a business concern organized under the laws of the State of Israel.” The bill expands prohibited boycotts beyond the Arab League boycott to include “any boycott against the State of Israel.” In doing so, the bill conflates coercive commercial boycotts like the Arab League boycott with constitutionally protected political expression in support of Palestinian rights.The bill also requires the publication of a list of contractors that have been debarred or suspended from eligibility for federal contracts because of a false certification. Though similar to HR 5727 introduced in the previous Congress, this bill makes explicit that it targets boycotts of Israel specifically.

Legislation

S 995

Status

Defeated

Defeated On

January 2017

Type(s)

Full Text

Read S 995

S 995, titled the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, is an anti-boycott bill. The bill states that discouraging boycotts for Palestinian rights is a principal objective for the United States in negotiating with foreign countries in the Transatlantic Trade and Investment Partnership (TTIP). Similarly, the United States will “seek the elimination of politically motivated nontariff barriers” imposed on goods from Israel or its illegal settlements. The relevant anti-boycott provisions were added in committee. Related legislation: HR 1890, HR 1314 (relevant amendments were removed prior to the bill’s passage), HR 2146 (passed).

Legislation

HR 1890

Status

Defeated

Defeated On

January 2017

Type(s)

Full Text

Read HR 1890

HR 1890, titled the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, is an anti-boycott bill. The bill states that discouraging boycotts for Palestinian rights is a principal objective for the United States in negotiating with foreign countries in the Transatlantic Trade and Investment Partnership (TTIP). Similarly, the United States will “seek the elimination of politically motivated nontariff barriers” imposed on goods from Israel or its illegal settlements. The relevant anti-boycott provisions were added in committee. Related legislation: S 995, HR 1314 (relevant amendments were removed prior to the bill’s passage), HR 2146 (passed).

Legislation

HR 1907

Status

Defeated

Defeated On

January 2017

Type(s)

Full Text

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HR 1907, the Trade Facilitation and Trade Enforcement Act of 2015, is an anti-boycott bill opposing boycotts for Palestinian rights and encouraging states to adopt anti-boycott laws. It directs the President to report annually on BDS efforts to Congress, including on the specific steps the United States is taking to discourage other countries or international organizations from establishing barriers to trade with Israel or its illegal settlements.

Legislation

S 1269

Status

Defeated

Defeated On

January 2017

Type(s)

Anti-boycott, State Investments

Full Text

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Legislation

HR 2645

Status

Defeated

Defeated On

January 2017

Type(s)

Full Text

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HR 2645 is an anti-boycott bill that prohibits the Thrift Savings Fund, a retirement fund for federal employees, from investing “in any company that boycotts Israel.” The bill defines a boycott of Israel as “actions that are politically motivated and are intended to penalize, inflict economic harm on, or otherwise limit commercial relations with Israel or companies based in Israel or territories controlled by Israel,” thereby including boycotts of illegal Israeli settlements. The bill penalizes constitutionally protected political boycotts that companies may engage in.

Legislation

S 2531

Status

Defeated

Defeated On

January 2017

Type(s)

Full Text

Read S 2531

S 2531, the Combating BDS Act of 2016, is an anti-boycott bill that purports to authorize state and local legislation prohibiting state investments in or state contracts with entities that engage in boycott, divestment, and sanctions campaigns for Palestinian rights. The bill claims that such measures are not preempted by federal law and defines BDS activities to include boycotts of Israel and persons doing business in Israel or its illegal settlements. Activists and civil liberties groups raised concerns that the legislation would chill constitutionally protected political expression in support of Palestinian rights. Related legislation: HR 4514.

Legislation

HR 4514

Status

Defeated

Defeated On

January 2017

Type(s)

Full Text

Read HR 4514

HR 4514, the Combating BDS Act of 2016, is an anti-boycott bill that purports to authorize state and local legislation prohibiting state investments in or state contracts with entities that engage in boycott, divestment, and sanctions campaigns for Palestinian rights. The bill claims that such measures are not preempted by federal law and defines BDS activities to include boycotts of Israel and persons doing business in Israel or its illegal settlements. Activists and civil liberties groups raised concerns that the legislation would chill constitutionally protected political expression in support of Palestinian rights. Related legislation: S 2531.

Legislation

S 3465

Status

Defeated

Defeated On

January 2017

Type(s)

Full Text

Read S 3465

S 3465, titled the Protecting Israel Against Economic Discrimination Act of 2016, is an anti-boycott bill that criminalizes participation in boycotts of Israel and its illegal settlements. The bill amends the Export Administration Act of 1979 (EAA), which prohibited boycotts “fostered or imposed” by a foreign country and specifically the Arab League boycott. S 3465 expands the EAA to prohibit U.S. individuals and entities from complying with or supporting boycotts for Palestinian rights fostered or imposed by international governmental organizations, such as the European Union or the United Nations. In March 2016, the U.N. Human Rights Council passed a resolution calling for the establishment of a database of companies contributing to Israel’s illegal settlements. The bill claims such accountability efforts constitute prohibited activities under the Act. Violations are subject to civil penalties of 250,000andcriminalpenaltiesofupto250,000 and criminal penalties of up to 250,000andcriminalpenaltiesofupto1 million and up to 20 years in prison.

The bill also amends the Export-Import Bank Act of 1945 to include “politically motivated” economic activity against Israel as a reason for denying credit applications for the export of goods and services between the U.S. and foreign countries. Related legislation: HR 6298.

Legislation

HR 6298

Status

Defeated

Defeated On

January 2017

Type(s)

Full Text

Read HR 6298

HR 6298, titled the Protecting Israel Against Economic Discrimination Act of 2016, is an anti-boycott bill that criminalizes participation in boycotts of Israel and its illegal settlements. The bill amends the Export Administration Act of 1979 (EAA), which prohibited boycotts “fostered or imposed” by a foreign country and specifically the Arab League boycott. HR 6298 expands the EAA to prohibit U.S. individuals and entities from complying with or supporting boycotts for Palestinian rights fostered or imposed by international governmental organizations, such as the European Union or the United Nations. In March 2016, the U.N. Human Rights Council passed a resolution calling for the establishment of a database of companies contributing to Israel’s illegal settlements. The bill claims such accountability efforts constitute prohibited activities under the Act. Violations are subject to civil penalties of 250,000andcriminalpenaltiesofupto250,000 and criminal penalties of up to 250,000andcriminalpenaltiesofupto1 million and up to 20 years in prison.

Legislation

S 10

Status

Defeated

Defeated On

January 2017

Type(s)

Full Text

Read S 10

S 10, titled the Anti-Semitism Awareness Act of 2016, is an antisemitism redefinition bill that directs the U.S. Department of Education to consider the distorted definition of antisemitism found in the 2010 US State Department fact sheet on “Defining Anti-Semitism,” including its contemporary examples related to Israel, when investigating complaints of antisemitism on campuses. The State Department definition and its problematic contemporary examples falsely conflate political criticism of Israel with antisemitism. For example, under the State Department definition, “multilateral organizations focusing on Israel only for peace or human rights investigations” may be considered evidence of antisemitic intent. Advocates and civil liberties groups have raised serious concerns about the bill’s chilling effects on constitutionally protected political expression. Related legislation: HR 6421.

Legislation

HR 6421

Status

Defeated

Defeated On

January 2017

Type(s)

Full Text

Read HR 6421

HR 6421, titled the Anti-Semitism Awareness Act of 2016, is an antisemitism redefinition bill that directs the U.S. Department of Education to consider the distorted definition of antisemitism found in the 2010 US State Department fact sheet on “Defining Anti-Semitism,” including its contemporary examples related to Israel, when investigating complaints of antisemitism on campuses. The State Department definition and its problematic contemporary examples falsely conflate political criticism of Israel with antisemitism. For example, under the State Department definition, “multilateral organizations focusing on Israel only for peace or human rights investigations” may be considered evidence of antisemitic intent. Advocates and civil liberties groups have raised serious concerns about the bill’s chilling effects on constitutionally protected political expression. Related legislation: S 10.

Legislation

S 170

Status

Defeated

Defeated On

January 2019

Type(s)

Full Text

Read S 170

S 170, titled the Combating BDS Act of 2017, is an anti-boycott bill that purports to authorize state and local legislation prohibiting state investments in or state contracts with entities that engage in boycott, divestment, and sanctions campaigns for Palestinian rights. The bill claims that such measures are not preempted by federal law and defines BDS activities to include boycotts of Israel and persons doing business in Israel or its illegal settlements. Previous versions of the Combating BDS Act (HR 4514, S 2531) failed after activists, media, and civil liberties groups raised concerns that the legislation would chill constitutionally protected political expression in support of Palestinian rights. Related legislation: HR 2856.

Legislation

S 720

Status

Defeated

Defeated On

January 2019

Type(s)

Full Text

Read S 720

S 720, titled the Israel Anti-Boycott Act (IABA), is an anti-boycott bill that criminalizes participation in boycotts of Israel and its illegal settlements. The bill amends the Export Administration Act of 1979 (EAA), which prohibited boycotts “fostered or imposed” by a foreign country and specifically the Arab League boycott. S 720 expands the EAA to prohibit U.S. individuals and entities from complying with or supporting boycotts for Palestinian rights fostered or imposed by international governmental organizations, such as the European Union or the United Nations. In March 2016, the U.N. Human Rights Council passed a resolution calling for the establishment of a database of companies contributing to Israel’s illegal settlements. Under the IABA, such accountability efforts, as well as supporting or furnishing information for these efforts, constitute prohibited activities. Violations are subject to civil penalties of 250,000andcriminalpenaltiesofupto250,000 and criminal penalties of up to 250,000andcriminalpenaltiesofupto1 million and up to 20 years in prison.

The bill conflates coercive commercial boycotts—like the Arab League boycott where U.S. companies were forced to boycott Israel as a condition of doing business with other foreign parties—with constitutionally protected political expression in support of Palestinian rights. The bill also amends the Export-Import Bank Act of 1945 to include “politically motivated” economic activity against Israel as a reason for denying credit applications for the export of goods and services between the U.S. and foreign countries.

In response to criticism from activists and civil liberties groups, the bill was amended to remove the jail time provisions, but the changes fail to address the underlying constitutional concerns raised by targeting political boycotts with criminal penalties. Similar legislation introduced in the previous Congress (HR 6298, S 3465) also failed. Related legislation: HR 1697.

Legislation

HR 1697

Status

Defeated

Defeated On

January 2019

Type(s)

Full Text

Read HR 1697

HR 1697, titled the Israel Anti-Boycott Act (IABA), is an anti-boycott bill that criminalizes participation in boycotts of Israel and its illegal settlements. The bill amends the Export Administration Act of 1979 (EAA), which prohibited boycotts “fostered or imposed” by a foreign country and specifically the Arab League boycott. H.R. 1697 expands the EAA to prohibit U.S. individuals and entities from complying with or supporting boycotts for Palestinian rights fostered or imposed by international governmental organizations, such as the European Union or the United Nations. In March 2016, the U.N. Human Rights Council passed a resolution calling for the establishment of a database of companies contributing to Israel’s illegal settlements. Under the IABA, such accountability efforts, as well as supporting or furnishing information for these efforts, constitute prohibited activities. Violations are subject to civil penalties of 250,000andcriminalpenaltiesofupto250,000 and criminal penalties of up to 250,000andcriminalpenaltiesofupto1 million and up to 20 years in prison.

In response to criticism from activists and civil liberties groups, the bill was amended, but the changes fail to address the underlying constitutional concerns raised by targeting political boycotts with criminal penalties. Similar legislation introduced in the previous Congress (HR 6298, S 3465) also failed. Related legislation: S 720.

Legislation

HR 2856

Status

Defeated

Defeated On

January 2019

Type(s)

Full Text

Read HR 2856

HR 2856, titled the Combating BDS Act of 2017, is an anti-boycott bill that purports to authorize state and local legislation prohibiting state investments in or state contracts with entities that engage in boycott, divestment, and sanctions campaigns for Palestinian rights. The bill claims that such measures are not preempted by federal law and defines BDS activities to include boycotts of Israel and persons doing business in Israel or its illegal settlements. Previous versions of the Combating BDS Act (HR 4514, S 2531) failed after activists, media, and civil liberties groups raised concerns that the legislation would chill constitutionally protected political expression in support of Palestinian rights. Related legislation: S 170.

Legislation

S 2940

Status

Defeated

Defeated On

January 2019

Type(s)

Full Text

Read S 2940

S 2940, titled the Anti-Semitism Awareness Act of 2018, is an antisemitism redefinition bill that directs the U.S. Department of Education to consider the distorted definition of antisemitism found in the 2010 US State Department fact sheet on “Defining Anti-Semitism,” including its contemporary examples related to Israel, when investigating complaints of antisemitism on campuses. The State Department definition and its problematic contemporary examples falsely conflate political criticism of Israel with antisemitism. For example, under the State Department definition, “multilateral organizations focusing on Israel only for peace or human rights investigations” may be considered evidence of antisemitic intent. Advocates and civil liberties groups have raised serious concerns about the bill’s chilling effects on constitutionally protected political expression. Substantially similar versions of this bill were introduced and failed to pass in 2016 (S 10, HR 6421). Related legislation: HR 5924.

Legislation

HR 5924

Status

Defeated

Defeated On

January 2019

Type(s)

Full Text

Read HR 5924

HR 5924, titled the Anti-Semitism Awareness Act of 2018, is an antisemitism redefinition bill that directs the U.S. Department of Education to consider the distorted definition of antisemitism found in the 2010 US State Department fact sheet on “Defining Anti-Semitism,” including its contemporary examples related to Israel, when investigating complaints of antisemitism on campuses. The State Department definition and its problematic contemporary examples falsely conflate political criticism of Israel with antisemitism. For example, under the State Department definition, “multilateral organizations focusing on Israel only for peace or human rights investigations” may be considered evidence of antisemitic intent. Advocates and civil liberties groups have raised serious concerns about the bill’s chilling effects on constitutionally protected political expression. Substantially similar versions of this bill were introduced and failed to pass in 2016 (S 10, HR 6421). Related legislation: S 2940.

Legislation

HR 6095

Status

Defeated

Defeated On

January 2019

Type(s)

Full Text

Read HR 6095

HR 6095, titled the Export Administration Anti-Discrimination Act, is an anti-boycott bill that imposes criminal sanctions on individuals and entities that boycott countries friendly to the United States or territories controlled by such countries. There is no requirement (as in the Export Administration Act of 1979 that focused on the Arab League boycott) that the boycott be in response to a call to action by a foreign country or any other organization. Individuals who intentionally violate the anti-boycott provisions face fines up to $250,000 or imprisonment of up to 10 years. The bill also prohibits furnishing information about business relationships with countries subject to boycotts and participating in academic boycotts. It creates a private right of action allowing those harmed by prohibited boycotts to seek damages in federal court.

Legislation

S 1

Status

Defeated

Defeated On

January 2021

Type(s)

Full Text

Read S 1

S1 includes the Combating BDS Act of 2019, an anti-boycott bill that purports to authorize state and local legislation prohibiting state investments in or state contracts with entities that engage in boycott, divestment, and sanctions campaigns for Palestinian rights. The bill claims that such measures are not preempted by federal law and defines BDS activities to include boycotts of Israel and persons doing business in Israel or its illegal settlements. Several courts, however, have blocked state anti-boycott laws over concerns that they suppress constitutionally protected political expression. The Senate passed S 1 in February 2019. An identical bill in the House stalled, despite efforts by House Republicans to force a vote. Previous versions of the Combating BDS Act (HR 2856, S 170, HR 4514, S 2531) failed after activists, media, and civil liberties groups raised constitutional concerns. Related legislation: HR 336.

Legislation

HR 336

Status

Defeated

Defeated On

January 2021

Type(s)

Full Text

Read HR 336

HR 336 includes the Combating BDS Act of 2019, an anti-boycott bill that purports to authorize state and local legislation prohibiting state investments in or state contracts with entities that engage in boycott, divestment, and sanctions campaigns for Palestinian rights. The bill claims that such measures are not preempted by federal law and defines BDS activities to include boycotts of Israel and persons doing business in Israel or its illegal settlements. Several courts, however, have blocked state anti-boycott laws over concerns that they suppress constitutionally protected political expression. The Senate passed an identical version (S 1) in February 2019. House Republicans have made multiple attempts to force a vote on HR 336 to no avail. Previous versions of the Combating BDS Act (HR 2856, S 170, HR 4514, S 2531) failed after activists, media, and civil liberties groups raised constitutional concerns. Related legislation: S 1.

Legislation

S 852

Status

Defeated

Defeated On

January 2021

Type(s)

Full Text

Read S 852

S 852 is an antisemitism redefinition bill titled the Anti-Semitism Awareness Act of 2019. This bill directs the U.S. Department of Education to consider the definition of antisemitism adopted by the International Holocaust Remembrance Alliance (IHRA), including the contemporary examples related to Israel, when investigating complaints of antisemitism on campuses. The IHRA definition and the problematic contemporary examples falsely conflate political criticism of Israel with antisemitism and are so broad and vague they could encompass virtually all criticism of Israel and Israeli government policies. The bill adds no new legal protections for Jewish students, but will likely be used to justify federal investigations into Palestine activism on campuses. Substantially similar versions of this bill were introduced and failed to pass in 2016 (S 10, HR 6421) and 2018 (S 2940, HR 5924). In December 2019, Donald Trump signed an executive order (EO 13899) adopting this distorted definition. Related legislation: HR 4009 (2019).

Legislation

HR 4009 (2019)

Status

Defeated

Defeated On

January 2021

Type(s)

Full Text

Read HR 4009 (2019)

HR 4009 is an antisemitism redefinition bill titled the Anti-Semitism Awareness Act of 2019. This bill directs the U.S. Department of Education to consider the definition of antisemitism adopted by the International Holocaust Remembrance Alliance (IHRA), including the contemporary examples related to Israel, when investigating complaints of antisemitism on campuses. The IHRA definition and the problematic contemporary examples falsely conflate political criticism of Israel with antisemitism and are so broad and vague they could encompass virtually all criticism of Israel and Israeli government policies. The bill adds no new legal protections for Jewish students, but will likely be used to justify federal investigations into Palestine activism on campuses. Substantially similar versions of this bill were introduced and failed to pass in 2016 (S 10, HR 6421) and 2018 (S 2940, HR 5924). In December 2019, Donald Trump signed an executive order (EO 13899) adopting this distorted definition. Related legislation: S 852.

Legislation

HR 5595

Status

Defeated

Defeated On

January 2021

Type(s)

Full Text

Read HR 5595

HR 5595, titled the Israel Anti-Boycott Act, is an anti-boycott bill that criminalizes participation in boycotts of Israel, singling out international efforts to hold Israel accountable for its illegal settlements. The bill amends the Export Control Reform Act (ECRA) of 2018, a successor to the Export Administration Act of 1979 that targeted the Arab League boycott, to prohibit U.S. entities from complying with or supporting boycotts of Israel fostered or imposed by international governmental organizations. This prohibition includes “furnishing information” for the U.N. Human Rights Council’s database of entities contributing to Israel’s illegal settlements. Violations may be punishable by severe fines, up to 300,000incivilcasesandupto300,000 in civil cases and up to 300,000incivilcasesandupto1 million in criminal cases, though the possibility of prison time included in previous iterations has been removed.

Similar bills failed to pass in the last Congress after multiple revisions (S 720, HR 1697).

Resolutions

Legislation

SRes 254 (2023)

Status

Passed

Date Passed

June 2023

Type(s)

Full Text

Read SRes 254 (2023)

SRes 254 is a non-binding resolution that encourages federal, state, and local government entities, as well as academic institutions, civil society organizations, and other relevant stakeholders, to “adopt and exclusively utilize” the distorted IHRA definition of antisemitism. The IHRA definition conflates criticism of Israel with anti-Jewish discrimination and has been deployed primarily to silence and punish advocacy for Palestinian rights.

Legislation

S Res 232 (2021)

Status

Passed

Date Passed

May 2021

Type(s)

Full Text

Read S Res 232 (2021)

S Res 232 is a non-binding resolution that attempts to frame support for Palestinian rights as antisemitism. The statistics and many of the examples cited in the resolution rely on the same conflation at work in the distorted IHRA definition. S Res 232, for example, lists statements by Members of Congress that Benjamin Netanyahu is an “ethno-nationalist” and describing Israel as an “apartheid state” as instances of antisemitism.

Legislation

H Res 428 (2021)

Status

Passed

Date Passed

May 2021

Type(s)