Anti-boycott

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. 

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). 

This anti-boycott bill prohibits state investment in and state contracts with entities that engage in boycotts if the purpose of the boycott is to “collectively restrict Israeli commerce or collectively change policy or law of the Israeli government.” The bill prohibits the state from imposing a written certification requirement. Two previous anti-boycott bills, introduced in 2017 (HB 501) and 2019 (HB 493), were defeated.

This anti-boycott bill prohibits state investment in and state contracts with entities that engage in boycotts of Israel or companies based in Israel or territories it occupies. The bill requires the state to create a blacklist of corporations, non-profits, and groups engaged in prohibited boycotts. State agencies may not enter into contracts with blacklisted entities, and contractors must provide written certification that they are not on the blacklist. The state comptroller and public retirement funds are prohibited from investing in entities engaged in prohibited boycotts. This is a companion bill to S. 706. Similar bills have failed to pass in previous sessions (S. 2430, A. 5847).

This anti-boycott bill prohibits state contracts with companies that boycott Israel or persons or entities doing business in Israel or territories it occupies. Contractors must provide a written certification that they are not and will not for the duration of the contract engage in boycotts of Israel. The bill excludes contracts whose total value is less than $100,000 and contractors that have fewer than 10 full time employees. An earlier version of the bill would have created a blacklist and prohibited state investment in companies that boycott Israel. A similar bill was also introduced this session (SB 351). The legislature passed HB 2933 in April 2021, and it went into effect in July 2022.

This anti-boycott bill prohibits state investment in and state contracts with entities that engage in boycotts of allied nations, including Israel, or companies based in allied nations or territories occupied by allied nations. The bill requires the state to create a blacklist of corporations, non-profits, and groups engaged in prohibited boycotts. State agencies may not enter into contracts with blacklisted entities, and contractors must provide written certification that they are not on the blacklist. The state comptroller and public retirement funds are prohibited from investing in entities engaged in prohibited boycotts. Similar bills have failed to pass in previous sessions (S. 2430, A. 5847). A similar bill focused only on boycotts of Israel (S. 706) was also introduced this session.

This anti-boycott defunding bill directs the trustees of New York’s public colleges and universities to prohibit funding for student groups that directly or indirectly promote or encourage boycotts of any allied nation or companies based in an allied nation, including Israel and the territories it occupies. The bill includes boycotts intended to penalize or “cast disrepute upon” an allied nation, its peoples, or businesses based there, but its funding prohibitions are limited to boycotts “based on race, class, gender, nationality, ethnic origin or religion,” which should exclude boycotts for Palestinian rights, though the justification for the bill clarifies that BDS is the intended target. Similar bills have failed to pass in previous sessions (S. 2493, S. 8017, S. 5825).

This anti-boycott bill prohibits state contracts with companies that boycott Israel or persons or entities doing business in Israel or territories it occupies. For contracts worth more than $100,000, contractors must provide a written certification that they are not “engaged in a boycott of goods or services from Israel that constitutes an integral part of business conducted or sought to be conducted with the state.” The bill also prohibits the state from adopting policies that have “the effect of inducing or requiring a person” to boycott Israel or its occupied territories, in an effort to target divestment or other BDS campaigns at public universities. A similar bill (HB 2933) was passed this session and will go into effect in July 2022.

This anti-boycott bill prohibits state contracts with companies that boycott Israel. Contractors must provide a written certification that they do not and will not for the duration of the contract engage in a boycott of Israel. The bill excludes contracts whose total value is less than $100,000 and contractors that have fewer than 10 full time employees. The bill applies to boycott actions targeting Israel; individuals or companies based in Israel; and companies authorized or licensed by Israel, a provision that would reach boycotts targeting illegal settlements. Similar bills have failed to pass in previous sessions (SB 219). The legislature passed SB 186, and the law went into effect in May 2021.

This anti-boycott bill prohibits state contracts with a company, including non-profits, unless the company signs a written certification that they are not currently and will not for the duration of the contract engage in boycotts of the state of Israel or territories under its control. This prohibition does not include contracts less than $100,000 or with companies that have fewer than 10 employees. The bill passed in April 2021. A nearly identical bill was defeated in 2020 (SB 1402).