Defeated

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 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.

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.