This Act prohibits federal agencies from awarding contracts over \$100,000 to companies that boycott Israel and requires existing contractors to refrain from boycotting Israel for the duration of the contract.
Claudia Tenney
Representative
NY-24
The Countering Hate Against Israel by Federal Contractors Act prohibits federal agencies from awarding contracts over \$100,000 to companies that boycott Israel. Companies seeking these contracts must certify they are not currently boycotting Israel and agree not to start one during the contract period. Agencies must terminate contracts if a violation is found, unless the company ceases the boycott.
Starting January 1, 2026, the federal government plans to shut out any company that boycotts Israel from securing high-value contracts. The Countering Hate Against Israel by Federal Contractors Act mandates that federal agencies cannot award any contract worth more than $100,000 to a company unless that company certifies it is not currently engaged in a boycott of Israel. Furthermore, if a company wins a contract, they must agree not to start a boycott while the work is underway. This is a significant change for the contracting world, tying access to federal dollars directly to a company’s stance on foreign policy.
For businesses with more than 10 employees—which covers everything from mid-sized tech firms to large construction outfits—getting a federal gig just got more complicated. If you bid on a “covered contract” (anything over $100,000), you’ll now have to sign a certification saying you aren't boycotting Israel. If you’re a subsidiary or affiliate of a larger company, this rule applies to the whole corporate family. Think of it like a new checkbox on your federal contracting paperwork, except ticking the wrong box means you lose the bid. The bill defines “Engaging in a Boycott of Israel” as taking action to limit business with Israel or Israeli-licensed entities based on calls for a boycott, or discriminating based on nationality or religion without a valid business reason. This definition is broad and could potentially snag companies for actions they didn’t intend as political statements.
If a company lands a contract and then starts boycotting Israel, the consequences are clear and swift. If the agency head learns of a violation—say, through a public report—they have to notify the company in writing. The company then gets a 30-day window to stop the boycott “to the agency head’s satisfaction.” If they don't reverse course, the contract must be terminated. This puts a lot of power in the hands of the agency head to subjectively decide if a company has sufficiently ended its boycott activities, which could be a source of friction and legal appeals down the line. For companies that rely heavily on federal work, this 30-day clock is a massive pressure point.
This legislation presents a direct challenge to companies that support the Boycott, Divestment, Sanctions (BDS) movement or similar political boycotts. For a company that has taken a principled stance against doing business with Israel, this bill forces a tough choice: maintain the boycott and forfeit access to lucrative federal contracts, or drop the boycott to keep the government business flowing. This isn’t just about large defense contractors; it affects every company providing goods or services to the government, from office furniture suppliers to IT consultants. While the bill explicitly states it respects First Amendment rights and doesn't take a position on the Israeli-Palestinian conflict, the practical effect is that it penalizes a specific form of political expression—economic boycott—by restricting access to the federal marketplace. For many, this feels like compelled speech: you must certify what you don't do politically to earn a living.