US House passes bill penalizing universities that participate in boycott of Israel

The Protect Economic and Academic Freedom Act passed by a 237-169 vote, with 33 Democrats breaking with the rest of their party to vote in favor, and only two Republicans opposed. It now goes to the Senate for consideration.

The measure would require that colleges and universities who participate in federal student aid programs not participate in boycotts of Israel and also mandates that institutions receiving federal funding for international study and foreign language programs certify annually that they do not impose restrictions on their students participating in programs in Israel, or on students from Israel participating in programs on their campuses.

House Republican leaders had brought the measure to the floor as they attempt to exploit divisions among Democrats over hot-button issues ahead of the midterm elections, in which voters will decide control of Congress for the final two years of Donald Trump’s term.

“This legislation is about a simple principle: our colleges and universities should not discriminate against Israel, Israeli institutions or Israeli students, and federal taxpayer dollars should never support institutions that engage in such discrimination,” said Tim Walberg, the Republican chair of the House education committee.

After the 7 October attack and Israel’s invasion of Gaza, student and faculty groups at some universities intensified calls for administrators to participate in the Boycott, Divestment and Sanctions movement against the country, but were largely unsuccessful.

Bobby Scott, the top Democrat on the education committee, criticized the bill as unnecessary and potentially in conflict with first amendment protections of protest.

“No college or university has embraced the BDS movement anyway. So, we should combat antisemitism wherever it occurs, but we should not do so by punishing protective speech or conflating a student’s view with university policies,” he said.

Democrats who voted for the bill typically face tough re-election contests in November, or are supporters of Israel. Josh Gottheimer, a New Jersey congressman who co-sponsored the legislation with Republican Virginia Foxx, described the proposal as “narrow and tailored” and necessary to combat antisemitism.

“No student, no professor should be shut out of research, study abroad opportunities, or academic partnerships or feel unwelcome in the classroom because of where they are from or what religion they practice. Yet that’s exactly what the boycott-divest-sanction movement seeks to do – targeting one country and one religion: Israel and Judaism,” he said.

The question of support for Israel has divided House Democrats in recent months. In July, more than 100 House Democrats supported a bill cutting off some military aid to the US ally amid accusations its military’s actions in Gaza constituted a genocide.