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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.

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).

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. 

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: HR 644 (passed), S 1269.

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).

S 1269, 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. Related legislation: HR 644 (passed), HR 1907.

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.