Protect Economic and Academic Freedom Act of 2025

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

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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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