Protect Academic Freedom Act

Protect Academic Freedom Act - Amends the Higher Education Act of 1965 (HEA) to prohibit institutions of higher education (IHEs) from being eligible to receive any form of financial assistance under such Act if the Secretary of Education determines that they are participating in a boycott of Israeli academic institutions or scholars.

Directs the Secretary, no later than May 1 of each year, to: (1) identify and make publicly available a list of all IHEs participating in such boycott, and (2) notify each IHE that is so identified of its designation as a participant in such boycott.

Gives IHEs 30 days after their identification as a boycott participant to request the Secretary to waive their ineligibility for financial assistance under the HEA.

Makes the funding prohibition inapplicable to funds available for student financial aid.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4009 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4009

 To amend the Higher Education Act of 1965 to prohibit an institution 
  that participates in a boycott of Israeli academic institutions or 
     scholars from being eligible for certain funds under that Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2014

  Mr. Roskam (for himself and Mr. Lipinski) introduced the following 
    bill; which was referred to the Committee on Education and the 
                               Workforce

_______________________________________________________________________

                                 A BILL


 
 To amend the Higher Education Act of 1965 to prohibit an institution 
  that participates in a boycott of Israeli academic institutions or 
     scholars from being eligible for certain funds under that Act.

    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 Academic Freedom Act''.

SEC. 2. INELIGIBILITY OF INSTITUTIONS OF HIGHER EDUCATION PARTICIPATING 
              IN A BOYCOTT OF ISRAELI ACADEMIC INSTITUTIONS OR 
              SCHOLARS.

    (a) Findings.--Congress finds the following:
            (1) Israel is a vital American ally and a fellow democracy 
        that fosters free speech.
            (2) Attempts to single out Israel for discriminatory 
        boycotts violates the principle of academic freedom guaranteed 
        by the United States.
    (b) Ineligibility.--Subtitle 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 new section:

``SEC. 124. INELIGIBILITY OF INSTITUTIONS PARTICIPATING IN A BOYCOTT OF 
              ISRAELI ACADEMIC INSTITUTIONS OR SCHOLARS.

    ``(a) Ineligibility.--Notwithstanding any other provision of law, 
an institution of higher education shall not be eligible to receive 
funds or any other form of financial assistance under this Act if the 
Secretary determines that such institution is participating in a 
boycott of Israeli academic institutions or scholars.
    ``(b) Determination of Ineligible Institutions.--
            ``(1) Criteria.--For purposes of this section, the 
        Secretary shall consider an institution of higher education to 
        be participating in a boycott of Israeli academic institutions 
        or scholars if the institution, any significant part of the 
        institution, or any organization significantly funded by the 
        institution adopts a policy or resolution, issues a statement, 
        or otherwise formally establishes the restriction of discourse, 
        cooperation, exchange, or any other involvement with academic 
        institutions or scholars on the basis of the connection of such 
        institutions or such scholars to the State of Israel.
            ``(2) Public availability of list; notification.--Not later 
        than May 1 of each year, the Secretary shall--
                    ``(A) identify and make publicly available a list 
                of all institutions of higher education participating 
                in a boycott of Israeli academic institutions or 
                scholars, as described in paragraph (1); and
                    ``(B) notify each institution of higher education 
                identified in accordance with subparagraph (A) of the 
                identification of such institution as an institution 
                participating in a boycott of Israeli academic 
                institutions or scholars.
    ``(c) Waiver.--Not later than 30 days after receiving a 
notification under subsection (b)(2) that an institution of higher 
education has been identified as an institution participating in a 
boycott of Israeli academic institutions or scholars, such institution 
may request the Secretary to waive the restriction applicable to such 
institution under subsection (a). The Secretary may waive the 
restriction for such institution if the Secretary considers a waiver 
appropriate.
    ``(d) Inapplicability to Student Financial Aid Funds.--The 
prohibition under subsection (a) shall not apply to any funds available 
under this Act for student financial aid, as determined by the 
Secretary.
    ``(e) Restoration of Eligibility for Ceasing of Boycott.--The 
prohibition under subsection (a) shall cease to apply to any 
institution of higher education that the Secretary determines has 
ceased participating in a boycott of Israeli academic institutions or 
scholars.''.
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