I 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protect Academic 

5 Freedom Act’’. 


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1 SEC. 2. INELIGIBILITY OF INSTITUTIONS OF HIGHER EDU2 CATION PARTICIPATING IN A BOYCOTT OF 

3 ISRAELI ACADEMIC INSTITUTIONS OR 

4 SCHOLARS. 

5 (a) FINDINGS.—Congress finds the following: 

6 (1) Israel is a vital American ally and a fellow 

7 democracy that fosters free speech. 

8 (2) Attempts to single out Israel for discrimina9 tory boycotts violates the principle of academic free10 dom guaranteed by the United States. 

11 (b) INELIGIBILITY.—Subtitle B of title I of the High12 er Education Act of 1965 (20 U.S.C. 1011 et seq.) is 

13 amended by adding at the end the following new section: 

14 ‘‘SEC. 124. INELIGIBILITY OF INSTITUTIONS PARTICI15 PATING IN A BOYCOTT OF ISRAELI ACA16 DEMIC INSTITUTIONS OR SCHOLARS. 

17 ‘‘(a) INELIGIBILITY.—Notwithstanding any other 

18 provision of law, an institution of higher education shall 

19 not be eligible to receive funds or any other form of finan20 cial assistance under this Act if the Secretary determines 

21 that such institution is participating in a boycott of Israeli 

22 academic institutions or scholars. 

23 ‘‘(b) DETERMINATION OF INELIGIBLE INSTITU24 TIONS.— 

25 ‘‘(1) CRITERIA.—For purposes of this section, 

26 the Secretary shall consider an institution of higher 


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1 education to be participating in a boycott of Israeli 

2 academic institutions or scholars if the institution, 

3 any significant part of the institution, or any organi4 zation significantly funded by the institution adopts 

5 a policy or resolution, issues a statement, or other6 wise formally establishes the restriction of discourse, 

7 cooperation, exchange, or any other involvement with 

8 academic institutions or scholars on the basis of the 

9 connection of such institutions or such scholars to 

10 the State of Israel. 

11 ‘‘(2) PUBLIC AVAILABILITY OF LIST; NOTIFICA12 TION.—Not later than May 1 of each year, the Sec13 retary shall— 

14 ‘‘(A) identify and make publicly available a 

15 list of all institutions of higher education par16 ticipating in a boycott of Israeli academic insti17 tutions or scholars, as described in paragraph 

18 (1); and 

19 ‘‘(B) notify each institution of higher edu20 cation identified in accordance with subpara21 graph (A) of the identification of such institu22 tion as an institution participating in a boycott 

23 of Israeli academic institutions or scholars. 

24 ‘‘(c) WAIVER.—Not later than 30 days after receiving 

25 a notification under subsection (b)(2) that an institution 


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1 of higher education has been identified as an institution 

2 participating in a boycott of Israeli academic institutions 

3 or scholars, such institution may request the Secretary to 

4 waive the restriction applicable to such institution under 

5 subsection (a). The Secretary may waive the restriction 

6 for such institution if the Secretary considers a waiver ap7 propriate. 

8 ‘‘(d) INAPPLICABILITY TO STUDENT FINANCIAL AID

9 FUNDS.—The prohibition under subsection (a) shall not 

10 apply to any funds available under this Act for student 

11 financial aid, as determined by the Secretary. 

12 ‘‘(e) RESTORATION OF ELIGIBILITY FOR CEASING OF

13 BOYCOTT.—The prohibition under subsection (a) shall 

14 cease to apply to any institution of higher education that 

15 the Secretary determines has ceased participating in a 

16 boycott of Israeli academic institutions or scholars.’’. 

Æ 


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