[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3184 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3184

   To require institutions of higher education to include reporting 
 regarding campus anti-Semitism in the annual security report required 
under the Jeanne Clery Disclosure of Campus Security Policy and Campus 
 Crime Statistics Act, to ensure that institutions of higher education 
 do not support terrorist activity of foreign terrorist organizations, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 1, 2023

   Mr. Rubio introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To require institutions of higher education to include reporting 
 regarding campus anti-Semitism in the annual security report required 
under the Jeanne Clery Disclosure of Campus Security Policy and Campus 
 Crime Statistics Act, to ensure that institutions of higher education 
 do not support terrorist activity of foreign terrorist organizations, 
                        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 ``Ending Subsidies for Pro-Terrorist 
Activity on Campus Act''.

SEC. 2. REPORTING ANTI-SEMITISM ON CAMPUSES.

    Section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 
1092(f)(1)) is amended by adding at the end the following:
            ``(K)(i) A statement of current campus policies regarding 
        anti-Semitism, which shall include--
                    ``(I) a detailed plan of action for combating anti-
                Semitism on campus;
                    ``(II) information and procedures on how to report 
                actual or perceived incidents of anti-Semitism, as well 
                as the subsequent investigatory process for determining 
                the outcome of such report; and
                    ``(III)(aa) a detailed list of actual or perceived 
                incidents of anti-Semitism that have occurred on 
                campus; and
                    ``(bb) the institution's subsequent actions taken 
                in response to each such incident.
            ``(ii) In this subparagraph, the term `anti-Semitism' has 
        the meaning given the working definition of anti-Semitism 
        adopted by the International Holocaust Remembrance Alliance on 
        May 26, 2016, including the contemporary examples of anti-
        Semitism cited by the Alliance.''.

SEC. 3. PREVENTING TERRORISM SUPPORT ON HIGHER EDUCATION CAMPUSES.

    (a) Requirements for Institutions.--
            (1) In general.--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. PREVENTING TERRORIST ACTIVITY SUPPORT ON CAMPUS.

    ``(a) Definitions.--In this section:
            ``(1) Engage in terrorist activity.--The term `engage in 
        terrorist activity' has the meaning given the term in section 
        212(a)(3)(B)(iv) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(3)(B)(iv)).
            ``(2) Foreign terrorist organization.--The term `foreign 
        terrorist organization' means a foreign organization that is 
        designated by the Secretary of State in accordance with section 
        219 of the Immigration and Nationality Act (8 U.S.C. 1189).
            ``(3) Institution.--The term `institution' means an 
        institution of higher education, as defined in section 102.
            ``(4) Institution activity.--The term `institution 
        activity'--
                    ``(A) means an activity of an institution or 
                occurring on the campus of the institution; and
                    ``(B) includes research, classes, and events 
                organized by student organizations.
            ``(5) Material support or resources.--The term `material 
        support or resources' has the meaning given the term in section 
        2339A of title 18, United States Code.
            ``(6) Terrorist activity.--The term `terrorist activity' 
        has the meaning given the term in section 212(a)(3)(B)(iii) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1182(a)(3)(B)(iii)).
    ``(b) Procedures.--An institution that receives Federal funds shall 
develop and carry out policy and procedures to identify applicants for 
faculty and staff positions, and student applicants, who have, as 
determined under regulations promulgated by the Secretary--
            ``(1) engaged in terrorist activity with the intent to 
        accomplish a goal of a foreign terrorist organization;
            ``(2) incited terrorist activity with the intent to 
        accomplish a goal of a foreign terrorist organization; or
            ``(3)(A) provided material support or resources to a 
        foreign terrorist organization; or
            ``(B) with the intent to accomplish a goal of a foreign 
        terrorist organization, provided material support or resources 
        to an individual engaging in terrorist activity.
    ``(c) Limitation on Funds.--Each institution receiving Federal 
funds shall ensure that such Federal funds are not used for any 
institution activity that urges support for, endorses, espouses, 
encourages, organizes for, or promotes a foreign terrorist organization 
or its terrorist activities.
    ``(d) Special Rule.--The regulations promulgated by the Secretary 
under subsection (b) shall not be limited to violations of paragraph 
(1), (2), or (3) of such subsection evidenced by a criminal 
conviction.''.
            (2) 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 certifies that the institution 
        complies with the requirements of section 124.''.
    (b) Annual Campus Security Report.--Section 485(f)(1) of the Higher 
Education Act of 1965 (20 U.S.C. 1092(f)(1)), as amended by section 2, 
is further amended by adding at the end the following:
            ``(L)(i) A statement of current campus policies regarding 
        procedures to prevent (including by educating students and 
        employees) and respond to--
                    ``(I) speech by students, employees, or other 
                individuals on campus, or through an online campus 
                platform, related to the existence, terrorist 
                activities, or goals of a foreign terrorist 
                organization that--
                            ``(aa) imminently incites or produces 
                        lawless action; or
                            ``(bb) is directed to inciting or producing 
                        imminent lawless action and is likely to 
                        imminently incite or produce such action;
                    ``(II) fighting words by students, employees, or 
                other individuals on campus, or through an online 
                campus platform, related to the existence, terrorist 
                activities, or goals of a foreign terrorist 
                organization;
                    ``(III) true threats by students, employees, or 
                other individuals, on campus or through an online 
                campus platform, related to the existence, terrorist 
                activities, or goals of a foreign terrorist 
                organization; and
                    ``(IV) speech by students, employees, or other 
                individuals on campus, or through an online campus 
                platform--
                            ``(aa) related to the existence, terrorist 
                        activities, or goals of a foreign terrorist 
                        organization; and
                            ``(bb) used as an integral part of conduct 
                        in violation of a valid criminal statute.
            ``(ii) In this subparagraph--
                    ``(I) the term `foreign terrorist organization' has 
                the meaning given the term in section 124(a); and
                    ``(II) the term `online campus platform' means an 
                online platform that is operated or maintained by the 
                institution.''.
    (c) Student Eligibility.--Section 484 of the Higher Education Act 
of 1965 (20 U.S.C. 1091) is amended by adding at the end the following:
    ``(u) Terrorist Activity Disqualification.--
            ``(1) Disqualification.--A student shall not be eligible to 
        receive any grant, loan, or work assistance under this title if 
        the Secretary determines, consistent with the regulations 
        promulgated under section 124, that the student has been 
        convicted, including pursuant to a plea of nolo contendre or 
        guilty, of a criminal offense involving--
                    ``(A) engaging in terrorist activity with the 
                intent to accomplish a goal of a foreign terrorist 
                organization;
                    ``(B) inciting terrorist activity with the intent 
                to accomplish a goal of a foreign terrorist 
                organization;
                    ``(C)(i) providing material support or resources to 
                a foreign terrorist organization; or
                    ``(ii) with the intent to accomplish a goal of a 
                foreign terrorist organization, providing material 
                support or resources to an individual engaging in 
                terrorist activity; or
                    ``(D) conspiring to, or soliciting another person 
                to, engage in terrorist activity, with the intent to 
                accomplish a goal of a foreign terrorist organization.
            ``(2) Definitions.--The terms `engage in terrorist 
        activity', `foreign terrorist organization', `material support 
        or resources', and `terrorist activity' have the meanings given 
        the terms in section 124(a).''.
    (d) Student and Exchange Visitor Information System.--Section 
641(c) of the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1372(c)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraphs (C) and (D), by striking 
                ``institution,,'' each place such term appears and 
                inserting ``institution,'';
                    (B) in subparagraph (D), by striking ``and'' at the 
                end;
                    (C) in subparagraph (G), by striking ``and'' at the 
                end;
                    (D) in subparagraph (H), by striking the period at 
                the end and inserting ``; and''; and
                    (E) by adding at the end the following:
                    ``(I) details regarding any instance in which an 
                alien student at an approved institution of higher 
                education violates a policy of such institution 
                referred to in subparagraph (K)(i) or (L)(i) of section 
                485(f)(1) of the Higher Education Act of 1965 (20 
                U.S.C. 1092(f)(1)), including any disciplinary action 
                taken against such alien student.''; and
            (2) in paragraph (5)--
                    (A) by striking ``The Attorney General'' and 
                inserting the following:
                    ``(A) In general.--The Director of U.S. Immigration 
                and Customs Enforcement''; and
                    (B) by adding at the end the following:
                    ``(B) Anti-semitic and terrorism-related 
                incidents.--Not later than 21 days after an alien 
                student described in paragraph (1)(I) commits a 
                violation described in such paragraph, the relevant 
                institution of higher education shall report such 
                violation, and any disciplinary action taken against 
                such alien student, to the Department of Homeland 
                Security and the Department of State through the 
                Student and Exchange Visitor Information System.''.

SEC. 4. REPORTS REGARDING DISCRIMINATION.

    (a) IHE Reports to the Secretary.--Each institution of higher 
education (as defined in section 102 of the Higher Education Act of 
1965 (20 U.S.C. 1002)) that receives Federal financial assistance shall 
report to the Secretary of Education information about the 
institution's efforts to prevent and respond to discrimination, 
including harassment, on the basis of race, color, or national origin 
that is based on an individual's actual or perceived Jewish lineage or 
Jewish ethnic characteristics and that occurs on the institution's 
campus, including on online platforms that are operated or maintained 
by the institution.
    (b) Report to Congress.--Not later than 6 months after the date of 
enactment of this Act, and annually thereafter, the Secretary of 
Education shall submit a report to Congress containing the information 
described in subsection (a).
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