119-hr4795

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4795 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4795

 To amend the Higher Education Act of 1965 to prohibit an institution 
that participates in a nonexpressive commercial boycott of Israel from 
 being eligible for certain funds under that Act, to require an 
 institution that participates in certain programs under that Act to 
 certify that students are not unreasonably obstructed from 
 participating in academic programs in Israel, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 July 29, 2025

 Ms. Foxx (for herself and Mr. Gottheimer) introduced the following 
 bill; which was referred to the Committee on Education and Workforce

_______________________________________________________________________

 A BILL

 To amend the Higher Education Act of 1965 to prohibit an institution 
that participates in a nonexpressive commercial boycott of Israel from 
 being eligible for certain funds under that Act, to require an 
 institution that participates in certain programs under that Act to 
 certify that students are not unreasonably obstructed from 
 participating in academic programs in Israel, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Protect Economic and Academic 
Freedom Act of 2025''.

SEC. 2. INELIGIBILITY OF INSTITUTIONS OF HIGHER EDUCATION PARTICIPATING 
 IN CERTAIN NONEXPRESSIVE COMMERCIAL BOYCOTTS.

    (a) Ineligibility.--Part B of title I of the Higher Education Act 
of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the 
following:

``

SEC. 124. INELIGIBILITY OF INSTITUTIONS PARTICIPATING IN CERTAIN 
 NONEXPRESSIVE COMMERCIAL BOYCOTTS.

 ``

    (a) In General.--Not later than July 31 of each year, an 
institution of higher education that participates in any program under 
title IV shall certify to the Secretary that the institution will not 
engage in a nonexpressive commercial boycott of a major strategic 
partner of the United States for the period beginning on the date of 
such certification and ending on July 31 of the following year.
 ``

    (b) Public Availability of List; Notification.--Not later than 7 
business days after July 31 of each year, the Secretary shall--
 ``

    (1) identify and make publicly available on a website of 
 the Department a list of all institutions of higher education 
 described in subsection

    (a) that did not submit a certification 
 under such subsection for such year; and
 ``

    (2) notify each institution of higher education 
 identified pursuant to paragraph

    (1) of such identification and 
 inclusion on such list.
 ``
            (c) === Definitions. ===
-In this section:
 ``

    (1) Major strategic partner.--The term `major strategic 
 partner' with respect to the United States means--
 ``
        (A) a country described in 

section 4 of Public 
 Law 113-296; or
 ``
        (B) an entity licensed or regulated by, or 
 organized under the laws of, such a country.
 ``

    (2) Nonexpressive commercial boycott of a major strategic 
 partner.--The term `nonexpressive commercial boycott of a major 
 strategic partner'--
 ``
        (A) means a commercial action (including engaging 
 in refusals to deal and terminating business 
 activities) that--
 ``
            (i) is intended to limit commercial 
 relations with a major strategic partner; and
 ``
            (ii) is not based on a valid business 
 reason; and
 ``
        (B) does not include actions described in 
 regulations issued to provide for the exceptions 
 described in 

section 1773

    (a)

    (2) of the Anti-Boycott Act 
 of 2018 (50 U.S.C. 4842

    (a)

    (2) ).''.

    (b) Program Participation Agreement.--

Section 487

    (a) of the Higher 
Education Act of 1965 (20 U.S.C. 1094

    (a) ) is amended by adding at the 
end the following:
 ``

    (30) The institution will comply with the requirements of 
 

section 124.''.

SEC. 3. ELIGIBILITY FOR TITLE VI FUNDS.

 Title VI of the Higher Education Act of 1965 (20 U.S.C. 1121 et 
seq.) is amended by adding at the end the following new sections:

``

SEC. 639. INSTITUTIONAL CERTIFICATIONS.

 ``

    (a) Annual Requirement for Institutional Eligibility.--Not later 
than July 31 of each calendar year beginning on or after the date of 
enactment of the Protect Economic and Academic Freedom Act of 2025, an 
institution of higher education participating or applying to 
participate in any program under this title shall submit to the 
Secretary the certification required under subsection

    (b) . An 
institution that does not submit such certification by July 31 of a 
calendar year shall be ineligible to receive any funds under this title 
in the first fiscal year that begins after such July 31, including any 
funds under this title that would otherwise have been available to the 
institution in such fiscal year for a grant awarded during a previous 
fiscal year.
 ``

    (b) Certification.--An institution shall certify to the Secretary 
that, for the period beginning on the date of such certification and 
ending on July 31 of the following year, the institution will--
 ``

    (1) permit students and faculty of the certifying 
 institution to participate in academic programs, including 
 conferences, teaching exchanges, cultural exchanges, study 
 abroad programs, joint research, and other collaborative 
 educational activities, in a major strategic partner (as 
 defined in 

section 124) of the United States in the same 
 manner, and under the same terms and conditions, as students 
 and faculty of the institution are permitted to participate in 
 academic programs in other foreign countries; and
 ``

    (2) permit students and faculty of postsecondary 
 educational institutions in such a major strategic partner to 
 participate in academic programs offered by the certifying 
 institution, including conferences, teaching exchanges, 
 cultural exchanges, study abroad programs, joint research, and 
 other collaborative educational activities, in the same manner, 
 and under the same terms and conditions, as students and 
 faculty of other foreign postsecondary educational institutions 
 that are not in such a major strategic partner.

``

SEC. 639A. SENSE OF CONGRESS.

 ``It is the sense of Congress that limitations on cooperative 
efforts by institutions of higher education, consortia of such 
institutions, or partnerships between nonprofit educational 
organizations and institutions of higher education with a major 
strategic partner (as defined in 

section 124) of the United States do 
not serve the security, stability, and economic vitality of the United 
States.''.
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