The House of Representatives on Thursday passed a bill that would allow for the withholding of federal funding from colleges and universities found to be participating in certain boycotts of Israel. The Protect Economic and Academic Freedom Act advanced with significant bipartisan support, passing in a 237-169 vote, despite exposing a notable rift within the Democratic Party. Thirty-three Democrats broke ranks with their leadership to join the vast majority of Republicans in favor of the measure, while only two Republicans voted against it.
"It simply says that if your university takes federal taxpayer dollars, it can’t discriminate against academic partnerships or investments with one country." Rep. Josh Gottheimer, D-NJ
The legislation targets institutions participating in what the bill defines as a "nonexpressive commercial boycott" against Israel or Israeli entities without a valid business justification. Under its provisions, colleges and universities that engage in such boycotts could become ineligible for federal student-aid programs. Additionally, the measure imposes new requirements on universities that receive federal funds for international education programs and academic opportunities connected to Israel.
The vote underscored an intensifying debate within Congress, mirroring the heightened tensions on college campuses across the nation regarding the Boycott, Divestment and Sanctions (BDS) movement. This movement advocates for economic and political pressure on Israel to compel changes in its policies toward Palestinians. The debate has gained significant momentum following the Hamas-led October 7, 2023, attack on Israel and the subsequent war in Gaza, which has fueled widespread pro-Palestinian demonstrations and counter-protests on campuses.
House Minority Leader Hakeem Jeffries (D-NY) was among the 167 Democrats who opposed the bill, aligning with the party's official stance. However, the 33 Democratic defections provided a crucial bloc of support, ensuring the bill's passage with a clear bipartisan majority. Democrats who supported the legislation included Representatives Jared Moskowitz (D-FL), Debbie Wasserman Schultz (D-FL), Ritchie Torres (D-NY), Marie Gluesenkamp Perez (D-WA), Henry Cuellar (D-TX), Brad Sherman (D-CA), and Josh Riley (D-NY). The only two Republicans to vote against the measure were Representatives Thomas Massie (R-KY) and Warren Davidson (R-OH).
Supporters of the Protect Economic and Academic Freedom Act argued that the legislation is designed to combat discrimination and ensure equitable treatment for Jewish students and academic partnerships. Representative Josh Gottheimer (D-NJ), a key leader in the bipartisan effort, emphasized that the bill targets institutional conduct rather than individual political expression. "It simply says that if your university takes federal taxpayer dollars, it can’t discriminate against academic partnerships or investments with one country," Gottheimer stated during the debate. He added that universities must ensure Jewish students can receive an education without facing discrimination or intimidation.
House Rules Committee Chairwoman Representative Virginia Foxx (R-NC), another proponent, framed the measure as a direct response to discrimination. "They are discriminating against people of the Jewish faith," Foxx asserted. "Now is not the time for talk. It is the time for action."
Conversely, opponents of the bill, including many Democrats, raised significant concerns about its potential implications for free speech and academic freedom, arguing it could punish universities for constitutionally protected political expression. Representative Jerry Nadler (D-NY), while personally opposing the BDS movement, voted against the legislation, citing First Amendment concerns. Nadler maintained that protecting free speech requires defending political expression even when one strongly disagrees with the underlying message, asserting that Americans retain the right to advocate for BDS.
Representative Rashida Tlaib (D-MI), a prominent critic of Israel, firmly opposed the legislation, calling it an "assault on free speech and academic freedom." Tlaib highlighted that Jewish students have also participated in campus campaigns supporting BDS, underscoring the complexity of the issue. Activists opposing the bill argue that advocacy for Palestinian rights should not be automatically equated with antisemitism.
The passage of the Protect Economic and Academic Freedom Act by the House marks a significant development in the ongoing national conversation about campus activism, free speech, and the relationship between academic institutions and foreign policy. The bill now moves to the Senate, where lawmakers will deliberate its merits and determine whether it advances to President Donald Trump for his signature. The outcome in the Senate will be closely watched by universities, student groups, and advocacy organizations across the political spectrum.
