1697; S. 720) was a proposed anti-BDS law[2] 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.
IABA was drafted by Senators Ben Cardin (D-Maryland) and Rob Portman (R-Ohio) and introduced to the 115th session of Congress in 2018.
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.
[1] 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.
Rather, it eliminates the fundamental operating provisions of the original bill by only providing impermanent, easily revocable protections for the Israeli-controlled territories the UNHRC is specifically seeking to target.
The blame for this unraveling belongs to AIPAC, the American Israel Public Affairs Committee, whose staff designed the bill and ultimately watered it down in response to hostile Democratic demands as it proceeded through the legislative process. ...
While we do not support the Boycott, Divestment and Sanctions (BDS) movement, we remain resolved to our constitutional oath to defend the right of every American to express their views peacefully without fear of or actual punishment by the government .
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.