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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.

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.

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 $250,000 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. Related legislation: 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 $250,000 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. 

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.

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.