II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Ending Subsidies for 

3 Pro-Terrorist Activity on Campus Act’’. 

4 SEC. 2. REPORTING ANTI-SEMITISM ON CAMPUSES. 

5 Section 485(f)(1) of the Higher Education Act of 

6 1965 (20 U.S.C. 1092(f)(1)) is amended by adding at the 

7 end the following: 

8 ‘‘(K)(i) A statement of current campus policies 

9 regarding anti-Semitism, which shall include— 

10 ‘‘(I) a detailed plan of action for com11 bating anti-Semitism on campus; 

12 ‘‘(II) information and procedures on how 

13 to report actual or perceived incidents of anti14 Semitism, as well as the subsequent investiga15 tory process for determining the outcome of 

16 such report; and 

17 ‘‘(III)(aa) a detailed list of actual or per18 ceived incidents of anti-Semitism that have oc19 curred on campus; and 

20 ‘‘(bb) the institution’s subsequent actions 

21 taken in response to each such incident. 

22 ‘‘(ii) In this subparagraph, the term ‘anti-Semi23 tism’ has the meaning given the working definition 

24 of anti-Semitism adopted by the International Holo25 caust Remembrance Alliance on May 26, 2016, inVerDate Sep 11 2014 23:50 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3184.IS S3184

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1 cluding the contemporary examples of anti-Semitism 

2 cited by the Alliance.’’. 

3 SEC. 3. PREVENTING TERRORISM SUPPORT ON HIGHER 

4 EDUCATION CAMPUSES. 

5 (a) REQUIREMENTS FOR INSTITUTIONS.— 

6 (1) IN GENERAL.—Part B of title I of the 

7 Higher Education Act of 1965 (20 U.S.C. 1011 et 

8 seq.) is amended by adding at the end the following: 

9 ‘‘SEC. 124. PREVENTING TERRORIST ACTIVITY SUPPORT ON 

10 CAMPUS. 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) ENGAGE IN TERRORIST ACTIVITY.—The 

13 term ‘engage in terrorist activity’ has the meaning 

14 given the term in section 212(a)(3)(B)(iv) of the Im15 migration and Nationality Act (8 U.S.C. 

16 1182(a)(3)(B)(iv)). 

17 ‘‘(2) FOREIGN TERRORIST ORGANIZATION.— 

18 The term ‘foreign terrorist organization’ means a 

19 foreign organization that is designated by the Sec20 retary of State in accordance with section 219 of the 

21 Immigration and Nationality Act (8 U.S.C. 1189). 

22 ‘‘(3) INSTITUTION.—The term ‘institution’ 

23 means an institution of higher education, as defined 

24 in section 102. 


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1 ‘‘(4) INSTITUTION ACTIVITY.—The term ‘insti2 tution activity’— 

3 ‘‘(A) means an activity of an institution or 

4 occurring on the campus of the institution; and 

5 ‘‘(B) includes research, classes, and events 

6 organized by student organizations. 

7 ‘‘(5) MATERIAL SUPPORT OR RESOURCES.—The 

8 term ‘material support or resources’ has the mean9 ing given the term in section 2339A of title 18, 

10 United States Code. 

11 ‘‘(6) TERRORIST ACTIVITY.—The term ‘terrorist 

12 activity’ has the meaning given the term in section 

13 212(a)(3)(B)(iii) of the Immigration and Nationality 

14 Act (8 U.S.C. 1182(a)(3)(B)(iii)). 

15 ‘‘(b) PROCEDURES.—An institution that receives 

16 Federal funds shall develop and carry out policy and pro17 cedures to identify applicants for faculty and staff posi18 tions, and student applicants, who have, as determined 

19 under regulations promulgated by the Secretary— 

20 ‘‘(1) engaged in terrorist activity with the in21 tent to accomplish a goal of a foreign terrorist orga22 nization; 

23 ‘‘(2) incited terrorist activity with the intent to 

24 accomplish a goal of a foreign terrorist organization; 

25 or 


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1 ‘‘(3)(A) provided material support or resources 

2 to a foreign terrorist organization; or 

3 ‘‘(B) with the intent to accomplish a goal of a 

4 foreign terrorist organization, provided material sup5 port or resources to an individual engaging in ter6 rorist activity. 

7 ‘‘(c) LIMITATION ON FUNDS.—Each institution re8 ceiving Federal funds shall ensure that such Federal funds 

9 are not used for any institution activity that urges support 

10 for, endorses, espouses, encourages, organizes for, or pro11 motes a foreign terrorist organization or its terrorist ac12 tivities. 

13 ‘‘(d) SPECIAL RULE.—The regulations promulgated 

14 by the Secretary under subsection (b) shall not be limited 

15 to violations of paragraph (1), (2), or (3) of such sub16 section evidenced by a criminal conviction.’’. 

17 (2) PROGRAM PARTICIPATION AGREEMENT.— 

18 Section 487(a) of the Higher Education Act of 1965 

19 (20 U.S.C. 1094(a)) is amended by adding at the 

20 end the following: 

21 ‘‘(30) The institution certifies that the institu22 tion complies with the requirements of section 124.’’. 

23 (b) ANNUAL CAMPUS SECURITY REPORT.—Section 

24 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 


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1 1092(f)(1)), as amended by section 2, is further amended 

2 by adding at the end the following: 

3 ‘‘(L)(i) A statement of current campus policies 

4 regarding procedures to prevent (including by edu5 cating students and employees) and respond to— 

6 ‘‘(I) speech by students, employees, or 

7 other individuals on campus, or through an on8 line campus platform, related to the existence, 

9 terrorist activities, or goals of a foreign ter10 rorist organization that— 

11 ‘‘(aa) imminently incites or produces 

12 lawless action; or 

13 ‘‘(bb) is directed to inciting or pro14 ducing imminent lawless action and is like15 ly to imminently incite or produce such ac16 tion; 

17 ‘‘(II) fighting words by students, employ18 ees, or other individuals on campus, or through 

19 an online campus platform, related to the exist20 ence, terrorist activities, or goals of a foreign 

21 terrorist organization; 

22 ‘‘(III) true threats by students, employees, 

23 or other individuals, on campus or through an 

24 online campus platform, related to the existVerDate Sep 11 2014 23:50 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3184.IS S3184

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1 ence, terrorist activities, or goals of a foreign 

2 terrorist organization; and 

3 ‘‘(IV) speech by students, employees, or 

4 other individuals on campus, or through an on5 line campus platform— 

6 ‘‘(aa) related to the existence, ter7 rorist activities, or goals of a foreign ter8 rorist organization; and 

9 ‘‘(bb) used as an integral part of con10 duct in violation of a valid criminal stat11 ute. 

12 ‘‘(ii) In this subparagraph— 

13 ‘‘(I) the term ‘foreign terrorist organiza14 tion’ has the meaning given the term in section 

15 124(a); and 

16 ‘‘(II) the term ‘online campus platform’ 

17 means an online platform that is operated or 

18 maintained by the institution.’’. 

19 (c) STUDENT ELIGIBILITY.—Section 484 of the 

20 Higher Education Act of 1965 (20 U.S.C. 1091) is 

21 amended by adding at the end the following: 

22 ‘‘(u) TERRORIST ACTIVITY DISQUALIFICATION.— 

23 ‘‘(1) DISQUALIFICATION.—A student shall not 

24 be eligible to receive any grant, loan, or work assist25 ance under this title if the Secretary determines, 


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1 consistent with the regulations promulgated under 

2 section 124, that the student has been convicted, in3 cluding pursuant to a plea of nolo contendre or 

4 guilty, of a criminal offense involving— 

5 ‘‘(A) engaging in terrorist activity with the 

6 intent to accomplish a goal of a foreign ter7 rorist organization; 

8 ‘‘(B) inciting terrorist activity with the in9 tent to accomplish a goal of a foreign terrorist 

10 organization; 

11 ‘‘(C)(i) providing material support or re12 sources to a foreign terrorist organization; or 

13 ‘‘(ii) with the intent to accomplish a goal 

14 of a foreign terrorist organization, providing 

15 material support or resources to an individual 

16 engaging in terrorist activity; or 

17 ‘‘(D) conspiring to, or soliciting another 

18 person to, engage in terrorist activity, with the 

19 intent to accomplish a goal of a foreign ter20 rorist organization. 

21 ‘‘(2) DEFINITIONS.—The terms ‘engage in ter22 rorist activity’, ‘foreign terrorist organization’, ‘ma23 terial support or resources’, and ‘terrorist activity’ 

24 have the meanings given the terms in section 

25 124(a).’’. 


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1 (d) STUDENT AND EXCHANGE VISITOR INFORMA2 TION SYSTEM.—Section 641(c) of the Illegal Immigration 

3 Reform and Immigrant Responsibility Act of 1996 (8 

4 U.S.C. 1372(c)) is amended— 

5 (1) in paragraph (1)— 

6 (A) in subparagraphs (C) and (D), by 

7 striking ‘‘institution,,’’ each place such term ap8 pears and inserting ‘‘institution,’’; 

9 (B) in subparagraph (D), by striking 

10 ‘‘and’’ at the end; 

11 (C) in subparagraph (G), by striking 

12 ‘‘and’’ at the end; 

13 (D) in subparagraph (H), by striking the 

14 period at the end and inserting ‘‘; and’’; and 

15 (E) by adding at the end the following: 

16 ‘‘(I) details regarding any instance in 

17 which an alien student at an approved institu18 tion of higher education violates a policy of 

19 such institution referred to in subparagraph 

20 (K)(i) or (L)(i) of section 485(f)(1) of the 

21 Higher Education Act of 1965 (20 U.S.C. 

22 1092(f)(1)), including any disciplinary action 

23 taken against such alien student.’’; and 

24 (2) in paragraph (5)— 


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1 (A) by striking ‘‘The Attorney General’’ 

2 and inserting the following: 

3 ‘‘(A) IN GENERAL.—The Director of U.S. 

4 Immigration and Customs Enforcement’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(B) ANTI-SEMITIC AND TERRORISM-RE7 LATED INCIDENTS.—Not later than 21 days 

8 after an alien student described in paragraph 

9 (1)(I) commits a violation described in such 

10 paragraph, the relevant institution of higher 

11 education shall report such violation, and any 

12 disciplinary action taken against such alien stu13 dent, to the Department of Homeland Security 

14 and the Department of State through the Stu15 dent and Exchange Visitor Information Sys16 tem.’’. 

17 SEC. 4. REPORTS REGARDING DISCRIMINATION. 

18 (a) IHE REPORTS TO THE SECRETARY.—Each insti19 tution of higher education (as defined in section 102 of 

20 the Higher Education Act of 1965 (20 U.S.C. 1002)) that 

21 receives Federal financial assistance shall report to the 

22 Secretary of Education information about the institution’s 

23 efforts to prevent and respond to discrimination, including 

24 harassment, on the basis of race, color, or national origin 

25 that is based on an individual’s actual or perceived Jewish 


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1 lineage or Jewish ethnic characteristics and that occurs 

2 on the institution’s campus, including on online platforms 

3 that are operated or maintained by the institution. 

4 (b) REPORT TO CONGRESS.—Not later than 6 

5 months after the date of enactment of this Act, and annu6 ally thereafter, the Secretary of Education shall submit 

7 a report to Congress containing the information described 

8 in subsection (a). 

Æ 


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