Protect Economic Freedom Act

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:

Not later than July 31 of each year, an institution of higher education that participates in any program under title IV shall certify to the Secretary that the institution will not engage in a nonexpressive commercial boycott of Israel for the period beginning on the date of such certification and ending on July 31 of the following year.

Not later than 7 business days after July 31 of each year, the Secretary shall—

(1) identify and make publicly available on a website of the Department a list of all institutions of higher education described in subsection (a) that did not submit a certification under such subsection for such year; and

(2) notify each institution of higher education identified pursuant to paragraph (1) of such identification and inclusion on such list.

In this section, the term nonexpressive commercial boycott of Israel —

(1) means a commercial action (including engaging in refusals to deal and terminating business activities) that is intended to limit commercial relations with Israel or persons or entities doing business in Israel or in Israeli-controlled territories; and

(2) 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)).

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 will comply with the requirement of section 124.