Israel Anti-Boycott Act: Difference between revisions

{{Short description|Proposed federal USU.S. bill, designed to reduce boycotts against Israel}}

| acronym =

| acts affected = [[Export Administration Act of 1979]]; [[Export–Import Bank of the United States]]<ref name="aclu-letter">{{cite web | title=ACLU Letter to the Senate Opposing Israel Anti-Boycott Act | website=American Civil Liberties Union | url=https://www.aclu.org/letter/aclu-letter-senate-opposing-israel-anti-boycott-act | access-date=AugAugust 19, 2020}}</ref>

| introducedby = [[Peter Roskam|Rep. Peter Roskam (R, IL-06)]]

The '''Israel Anti-Boycott Act''' (IABA) ({{USBill|115|H.R.|1697}}; {{USBill|115|S.|720}}) was a proposed [[anti-BDS laws|anti-BDS law]]<ref name="fdd2020">{{cite web | title=War by Other Means | website=FDD | date=Jan 20, 2020 | url=https://www.fdd.org/analysis/2020/1/20/war-by-other-means/ | access-date=AugAugust 14, 2020|quote=The 115th Congress considered, but did not pass, two major anti-BDS bills. The Israel Anti-Boycott Act (IABA) sought to extend existing anti-boycott provisions in U.S. law to cover explicitly boycotts initiated by international governmental organizations, such as the United Nations.}}</ref> and amendment to the [[Export Administration Act of 1979]] designed to allow U.S. states to enact laws requiring contractors to sign pledges promising not to boycott any goods from Israel, or their contracts would be terminated. ,<!-- what --> and to make it a federal crime, punishable by a maximum sentence of 20 years imprisonment, for American citizens to encourage or participate in boycotts against Israel and Israeli settlements in the occupied Palestinian territories.

The proposed law was a response to the [[BDS movement]]'s call for boycotts, divestment and sanctions against Israel which is gaining ground in the US. Lawmakers hope to curb the growth of BDS which they consider to be anti-Semitic by making it difficult to participate in anti-Israel boycotts. As of 2020, 32 state legislatures have already passed bills similar to IABA. If the law was passed in the federal legislature, it would be easier to enforce. Critics of the law and supporters of BDS claimsclaim that it is unconstitutional. They claim that participation in politically motivated boycotts is a form of free speech protected by the [[First Amendment]] and that anti-BDS laws are a form of [[lawfare]]. <!-- why -->

IABA was drafted by Senators [[Ben Cardin]] (D-Maryland) and [[Rob Portman]] (R-Ohio) and introduced to the 115th session of Congress in 2018. It had 58 cosponsors in the Senate,<ref>{{cite web|url=https://www.congress.gov/bill/115th-congress/senate-bill/720/cosponsors|title=Cosponsors -– S.720 -– 115th Congress (2017-20182017–2018): Israel Anti-Boycott Act|first=Benjamin L.|last=Cardin|date=23 March 2017|websitepublisher=www.congress.govUnited States Congress}}</ref> and 292 cosponsors in the House (216 Republicans, 76 Democrats).<ref name="auto"/> The act consisted of House and Senate bills HRH.R. 1697 and S .&nbsp;720 and died in Congress. However, there is strong opposition to BDS in American politics and the act is expected to make a resurgence in the federal legislature in the future.<ref>{{cite web |title=Israel Anti-Boycott Act (2017 -– S. 720) |website=GovTrack.us |url=https://www.govtrack.us/congress/bills/115/s720 |access-date=May 6, 2019 |language=en}}</ref> In the 115th session of Congress it had 58 cosponsors in the Senate (42 Republicans, 15 Democrats, 1 Independent),.<ref name="auto">{{cite web |last1=Cardin |first1=Benjamin L. |title=Cosponsors -– S.720 -– 115th Congress (2017-20182017–2018): Israel Anti-Boycott Act |url=https://www.congress.gov/bill/115th-congress/senate-bill/720/cosponsors |website=www.congress.govUnited States Congress |date=23 March 2017}}</ref>

The bill was introduced by the identical House and Senate bills HRH.R. 1697 and S .&nbsp;720 on March 23, 2017, by Republican Representative [[Peter Roskam]] and Democratic Senator [[Benjamin Cardin]] respectively.<ref name = "wrmea">{{cite web|url=https://www.wrmea.org/2018-november-december/goodies-for-israel-bills-continue-to-move-forward.html|title=Goodies for Israel Bills Continue to Move Forward}}</ref><ref name="auto2">{{cite web |last1=Cardin |first1=Benjamin L. |title=S.720 -– 115th Congress (2017-20182017–2018): Israel Anti-Boycott Act |url=https://www.congress.gov/bill/115th-congress/senate-bill/720 |website=www.congress.govUnited States Congress |date=23 March 2017}}</ref>

The bill cited the [[United Nations Human Rights Council]]'s (UNHRC) March 2016 resolution calling for the creation of a database of companies operating in the occupied Palestinian territories as an example of a boycott supposedly covered by the law. Anyone choosing to not buy from companies listed in the database could, according to the bill's critics, be in violation and risk facing penalties or even jail time.<ref name="aclu2017jul26">{{cite web | title=How the Israel Anti-Boycott Act Threatens First Amendment Rights | website=American Civil Liberties Union | date=JulJuly 26, 2017 | url=https://www.aclu.org/blog/free-speech/how-israel-anti-boycott-act-threatens-first-amendment-rights | access-date=AugAugust 19, 2020}}</ref>

The House Foreign Affairs Committee passed an amended version of the bill on June 28, 2018, and on March 3, 2018, Cardin released an amended version in the Senate. The amended bill removed the jail time provisions, but knowing violations of the bill could still lead to criminal financial penalties of up to $1 million.<ref name = "aclu-spending">{{cite web |title=Congress Is Trying to Use the Spending Bill to Criminalize Boycotts of Israel and Other Countries |url=https://www.aclu.org/blog/free-speech/rights-protesters/congress-trying-use-spending-bill-criminalize-boycotts-israel-and |website=American Civil Liberties Union |date=10 December 2018 |language=en}}</ref> All three versionversions of the bill were unconstitutional, according to those critics who criticized it on First Amendment grounds.<ref name="uscpr2017">{{cite web | title=Oppose Israel Anti-Boycott Act | website=US Campaign for Palestinian Rights | date=JulJuly 18, 2017 | url=https://uscpr.org/campaigns/oppose-israel-anti-boycott-act/ | access-date=Aug 19, 2020}}</ref> The amended versions of the bill were also criticized by proponents of anti-BDS laws. Republicans [[Alan Clemmons]] and Joseph Sabag of the Israeli American Council wrote in an op-ed in ''[[The Hill (newspaper)|The Hill]]'':<ref name="hill2018sep7">{{cite web | lastlast1=Clemmons | firstfirst1=Alan | last2=Sabag | first2=Joseph | last3=Contributors | first3=Opinion | title=Amended Israel Anti-Boycott Act is harmful, not helpful | website=TheHill[[The Hill (newspaper)|The Hill]]| date=SepSeptember 7, 2018 | url=https://thehill.com/blogs/congress-blog/foreign-policy/405503-amended-israel-anti-boycott-act-is-harmful-not-helpful | access-date=AugAugust 19, 2020}}</ref>

In 2019, Senator Marco Rubio, who cosponsored the Israel Anti-Boycott Act, introduced the [[Combating BDS Act]], cosponsored by Senator [[Cory Gardner]] (R-Colorado), Senator [[Mitch McConnell]] (R-Kentucky), and Senator [[Roy Blunt]] (R-Missouri). The bill is meant to enable states to pass anti-boycott legislation with federal blessing.<ref>{{cite web|url=https://www.congress.gov/bill/115th-congress/senate-bill/170|title=S.170 - 115th Congress (2017-2018): Combating BDS Act of 2017|first=Marco|last=Rubio|date=January 17, 2017|website=www.Congress.gov}}</ref> It has received reception similar to IABA. On February 5, 2019, the Senate passed the bill and other Middle East policy bills. {{As of|May 2019}} it seems as though the House will not be taking up the bill in the foreseeable future.<ref>{{cite web|url=https://www.lawfarebloglawfaremedia.comorg/article/breaking-down-combating-bds-act-2019-and-first-amendment-challenges-state-anti-bds-laws|title=Breaking Down the Combating BDS Act of 2019 and First Amendment Challenges to State Anti-BDS Laws|date=19 March 2019|website=Lawfare}}</ref>{{needs update|date=April 2023}}

Supporters of the bill argue that it does not stymie free speech. The bills co-sponsor Senator [[Marco Rubio]] (R-Florida) tweeted: "Opposition to our bill isn’t about free speech. Companies are FREE to boycott Israel. But local and state governments should be free to end contracts with companies that do". [[Eugene Kontorovich]] who has helped states draft anti-BDS laws has argued that they aren't about free speech, but that those wishing to boycott Israel should not benefit from government contracts or taxpayer money.<ref>{{cite news |last1=Kontorovich |first1=Eugene |title=Opinion {{!}} Israel anti-boycott bill does not violate free speech |url=https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/07/27/israel-anti-boycott-bill-does-not-violate-free-speech/ |access-date=May 6, 2019 |worknewspaper=[[The Washington Post]] |date=July 27, 2017 |language=en}}</ref>

AIPAC continues to support the IABA and similar legislation, saying that, "(the legislation) protects the First Amendment rights of those who choose to boycott Israel in their personal capacity."<ref name="auto7">{{cite web |title=The Israel Anti-Boycott Act (S. 720) |url=https://www.aipac.org/learn/legislative-agenda/-/media/ed68ac7ca33d40729069013d0a647a05.ashx |website=www.aipac.org |publisher=AIPAC - The American Israel Public Affairs Committee |access-date=May 6, 2019 |date=October 2018}}</ref> However, organizations like the ACLU disagree and have sought lawsuits on those grounds.