Protect Economic and Academic Freedom Act of 2025
- Bill Number
- H.R. 4795
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Education
- Status
- Introduced
- Latest Action
- 2026-06-25: Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 9.
- Last Updated
- 2026-06-27T08:06:30Z
AI-Generated Summary
Summary of H.R. 4795: Protect Economic and Academic Freedom Act of 2025
Purpose
The legislation aims to protect U.S. economic and academic ties with Israel by prohibiting higher education institutions from engaging in certain commercial boycotts of Israel and ensuring equal access to academic programs involving Israel. It amends the Higher Education Act of 1965 to tie federal funding eligibility to compliance with these requirements, promoting open collaboration without unreasonable restrictions.
Key Provisions
- Annual Certification for Title IV Funds (Student Financial Aid Programs):
- Institutions of higher education must certify annually by July 31 that they will not participate in a "nonexpressive commercial boycott" of a "major strategic partner" of the U.S. (defined to include Israel and entities organized under its laws) for the upcoming year.
- A nonexpressive commercial boycott is defined as a business action, such as refusing to deal or ending business activities, intended to limit commercial relations with the partner without a valid business reason. It excludes actions permitted under exceptions in the Anti-Boycott Act of 2018 (a law that regulates compliance with foreign boycotts).
- Failure to certify results in ineligibility for Title IV funds starting the next fiscal year.
- The Secretary of Education must publish a list of non-certifying institutions on a departmental website within 7 business days after July 31 and notify them.
- Program Participation Agreement Update:
- Institutions must agree to comply with the boycott certification as part of their federal student aid participation contract.
- Annual Certification for Title VI Funds (International Education Programs):
- Institutions seeking or participating in Title VI programs (which support language and area studies) must certify by July 31 that, for the upcoming year:
- Their students and faculty can join academic programs in Israel (e.g., study abroad, conferences, research collaborations) on the same terms as programs in other foreign countries.
- Students and faculty from Israeli institutions can participate in the certifying institution's programs on equal terms with those from other foreign countries.
- Non-compliance makes the institution ineligible for Title VI funds in the following fiscal year, including previously awarded grants.
- Sense of Congress:
- Expresses that restrictions on academic cooperation with Israel harm U.S. security, stability, and economic interests.
Significant Changes to Existing Law
- Adds new Section 124 to Part B of Title I of the Higher Education Act, introducing the boycott certification requirement and definitions for Title IV eligibility.
- Amends Section 487(a) to incorporate the certification into institutions' federal aid agreements.
- Adds new Sections 639 and 639A to Title VI, creating certification mandates for academic access and a congressional statement on cooperation.
These changes expand federal oversight of institutions' international business and academic practices, linking them directly to funding eligibility, which was not previously required under the Act.
Potential Impacts
- On Government Agencies: The Department of Education gains responsibilities for annual certifications, list publication, and notifications, potentially increasing administrative workload and requiring new processes to verify compliance.
- On Citizens: U.S. students and faculty at affected institutions may face disruptions in federal aid access or international program participation if their school loses eligibility. It could promote more study abroad and collaboration opportunities with Israel by removing institutional barriers.
- On International Relations: Strengthens U.S.-Israel ties by discouraging boycotts and encouraging academic exchanges, potentially countering movements like Boycott, Divestment, and Sanctions (BDS) against Israel. It may strain relations with countries or groups advocating boycotts.
Main Stakeholders Affected
- Higher Education Institutions: Public and private colleges/universities relying on federal funds (Title IV for student aid, Title VI for international programs) must comply or risk losing significant funding.
- Students and Faculty: Directly impacted through access to financial aid, study abroad, and collaborative opportunities; could benefit from ensured equality in Israel-related programs.
- U.S. Department of Education: Responsible for enforcement, certifications, and public listings.
- Israeli Educational Entities: Gain equal footing for partnerships, potentially increasing U.S.-based academic exchanges.
- Advocacy Groups: Pro-Israel organizations may support it, while free speech or anti-boycott critics could oppose it.
Notable Legal, Constitutional, or Political Implications
- Legal: Ties federal funding to specific conduct, which could lead to challenges over enforcement (e.g., defining "valid business reason" or verifying boycotts). References the Anti-Boycott Act, ensuring alignment with existing anti-boycott laws, but may require new regulations for exceptions.
- Constitutional: Specifies "nonexpressive" boycotts to focus on commercial actions rather than speech, potentially avoiding First Amendment free speech issues (e.g., distinguishing business decisions from expressive protests). However, it could still face lawsuits claiming it chills academic freedom or viewpoint discrimination.
- Political: Introduced by Reps. Foxx and Gottheimer (bipartisan sponsors), it reflects congressional support for U.S.-Israel relations amid geopolitical tensions. The "sense of Congress" provision underscores a policy preference without binding force, but the funding conditions could influence institutional behaviors nationwide.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Rep. Gottheimer, Josh [D-NJ-5]
Recent Actions
- 2026-06-25: Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 9.
- 2026-06-25: Committee Consideration and Mark-up Session Held
- 2025-07-29: Referred to the House Committee on Education and Workforce.
- 2025-07-29: Introduced in House
- 2025-07-29: Introduced in House
Bill Versions
- Protect Economic and Academic Freedom Act of 2025 — issued 2025-07-29 — PDF (6 pages)