Israel Anti-Boycott Act
The Israel Anti-Boycott Act (IABA) (H.R. 1697; S. 720) was a proposed anti-BDS law 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, 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.
| Long title | To amend the Export Administration Act of 1979 to include in the prohibitions on boycotts against allies of the United States boycotts fostered by international governmental organizations against Israel and to direct the Export-Import Bank of the United States to oppose boycotts against Israel, and for other purposes. |
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| Announced in | the 115th United States Congress |
| Sponsored by | Rep. Peter Roskam (R, IL-06) |
| Number of co-sponsors | 292 |
| Codification | |
| Acts affected | Export Administration Act of 1979; Export–Import Bank of the United States |
| Legislative history | |
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The proposed law was a response to the BDS movement's call for boycotts, divestment and sanctions against Israel. 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 claim 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.
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, and 292 cosponsors in the House (216 Republicans, 76 Democrats). The act consisted of House and Senate bills H.R. 1697 and S. 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. In the 115th session of Congress it had 58 cosponsors in the Senate (42 Republicans, 15 Democrats, 1 Independent).