US House passes bill tying university funding to Israel

The US House of Representatives passed legislation on Thursday that could jeopardize federal funding for universities engaging in specific commercial boycotts of Israel. The bill, known as the Protect Economic and Academic Freedom Act, passed by a vote of 237 to 169.

According to the source, Responsible Statecraft, the measure bars colleges receiving federal funds from participating in what it defines as a "nonexpressive commercial boycott" of Israel. This includes actions like refusing to deal or terminating business relationships to limit commercial ties without a valid business reason. Institutions must also submit annual certification that they provide students and faculty access to academic programs in Israel on equal terms with programs in other countries.

Critics warn of consequences

Critics contend the legislation could suppress political expression and effectively extend anti-boycott protections to Israeli settlements in occupied territories. Lara Friedman, President of the Foundation for Middle East Peace, told Responsible Statecraft the bill's goal is to force universities to actively seek cooperation with Israel. "The goal here is to basically say every university not only cannot refuse cooperation with Israel but must actively seek every opportunity to cooperate with Israel," Friedman said. She warned that politically motivated groups could use the certification requirement to launch legal actions against schools.

House Education and Workforce Committee Democrats urged a 'no' vote, arguing the bill threatens constitutionally protected speech and targets conduct no American university has undertaken. Thirty-three Democrats broke with their party to vote for the bill, while Republicans Thomas Massie and Warren Davidson were the only two from their party to oppose it.

The BDS movement as target

While the legislation does not explicitly name the Boycott, Divest, and Sanction (BDS) movement, statements from its sponsors and committee debate clarify it as the target. The BDS movement is an international grassroots effort to isolate Israel, inspired by past boycotts of South Africa's apartheid government. The bill appears modeled after state-level anti-BDS laws, which have passed in 38 states since 2015.

Supporters frame the bill as a preventative measure against the growth of BDS on campuses, which they claim contributes to rising antisemitism. Republican Rep. Joe Wilson argued during a committee mark-up that boycotts of Israel are "anti-Semitic in design and discriminatory in their effect." He claimed they are used to isolate Jewish students and silence Jewish faculty.

Constitutional and practical objections

Opponents focused on constitutional concerns and the bill's premise. Democratic Rep. Bobby Scott stated during the mark-up, "There has not been a single case of an American college or university administration adopting the BDS movement policies that are described in the bill." A Democratic committee report called the bill a "solution in search of a problem."

The report also raised First Amendment concerns about conditioning federal aid on boycott policies. It argued Congress cannot avoid constitutional issues by labeling conduct "nonexpressive," as the BDS movement is openly expressive. The bill's "nonexpressive boycotts" wording stems from a 2022 Eighth Circuit court ruling that upheld an Arkansas anti-BDS law, distinguishing between the act of boycotting (unprotected conduct) and calling for a boycott (protected speech).

Lara Friedman told Responsible Statecraft this legal distinction is part of a broader effort to "erase any First Amendment protection for the right to boycott." Outside groups like the lobbying organization A New Policy have issued memos stating the measure "seeks to chill free speech by penalizing universities for engaging in constitutionally protected political expression."

Some Democratic members made strong constitutional arguments ahead of the vote. Rep. Jerry Nadler said in a statement, "No matter how much I may disagree with BDS, and find it strategically stupid and morally repugnant, I will always fight to protect Americans’ right to speech with which I disagree." He called the bill a "gross violation of the First Amendment." During the mark-up, Republican Rep. Morgan Griffith retorted that if universities are not currently engaging in prohibited conduct, opponents should have little reason to object to the bill's passage.