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

<DOC>





                                                 Union Calendar No. 681
119th CONGRESS
  2d Session
                                H. R. 4795

                          [Report No. 119-780]

 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

                            August 27, 2026

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               29, 2025]


_______________________________________________________________________

                                 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 2026''.

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

    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)(A) The institution will not engage in a 
        nonexpressive commercial boycott of a major strategic partner 
        of the United States.
            ``(B) For purposes of this paragraph:
                    ``(i) The term `major strategic partner' means, 
                with respect to the United States--
                            ``(I) a country described in section 4 of 
                        Public Law 113-296; or
                            ``(II) an entity licensed or regulated by, 
                        or organized under the laws of, such a country.
                    ``(ii) The term `nonexpressive commercial boycott 
                of a major strategic partner'--
                            ``(I) means a commercial action (including 
                        engaging in refusals to deal and terminating 
                        business activities) that--
                                    ``(aa) is intended to limit 
                                commercial relations with a major 
                                strategic partner; and
                                    ``(bb) is not based on a valid 
                                business reason; and
                            ``(II) 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)).''.

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 2026, 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 487(a)(30)) 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 487(a)(30)) of the United 
States do not serve the security, stability, and economic vitality of 
the United States.''.
                                                 Union Calendar No. 681

119th CONGRESS

  2d Session

                               H. R. 4795

                          [Report No. 119-780]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            August 27, 2026

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed