118 S3184 IS: Ending Subsidies for Pro-Terrorist Activity on Campus Act U.S. Senate 2023-11-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 3184IN THE SENATE OF THE UNITED STATESNovember 1, 2023Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo 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.

1.

Short title

This Act may be cited as the Ending Subsidies for Pro-Terrorist Activity on Campus Act.

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..

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:

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..

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).