Anti-boycott

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. Related bill: A 5847.

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.

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.

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.

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.

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.

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. 

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. 

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).

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).