Defeated

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.

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.

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 $250,000 and criminal penalties of up to $1 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.

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 $250,000 and criminal penalties of up to $1 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, 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.

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.

This non-binding resolution condemns the U.N. Human Rights Council’s efforts to document and seek accountability for Israel’s international legal violations. The resolution is in response to a Human Rights Council report collecting information on companies, including 22 U.S. companies, contributing to Israel’s illegal settlements. The resolution urges Congress to support the Israel Anti-Boycott Act (S 720/HR 1697), which would extend anti-boycott laws to reach international organizations, such as the United Nations. 

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.

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.

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.

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.