July 29, 2025
Ms. Foxx (for herself and Mr. Gottheimer) introduced the following bill; which was referred to the Committee on Education and Workforce
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.
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:
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:
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.
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.