PROTECT ECONOMIC AND ACADEMIC FREEDOM ACT OF 2026

On 2026-09-03, Representative Rashida Tlaib (D-MI-12) delivered a floor speech titled "PROTECT ECONOMIC AND ACADEMIC FREEDOM ACT OF 2026" in the House.

PROTECT ECONOMIC AND ACADEMIC FREEDOM ACT OF 2026

Congressional Record, Volume 172 Issue 140 (Thursday, September 3, 2026) [Congressional Record Volume 172, Number 140 (Thursday, September 3, 2026)] [House] [Pages H5483-H5488] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] PROTECT ECONOMIC AND ACADEMIC FREEDOM ACT OF 2026 Mr. WALBERG. Mr. Speaker, pursuant to House Resolution 1499, I call up the bill (H.R. 4795) 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, and ask for its immediate consideration in the House. The Clerk read the title of the bill. The SPEAKER pro tempore. Pursuant to House Resolution 1499, in lieu of the amendment in the nature of a substitute recommended by the Committee on Education and Workforce, printed in the bill, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 119-39 is adopted, and the bill, as amended, is considered read. The text of the bill, as amended, is as follows: H.R. 4795 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.''. The SPEAKER pro tempore. The bill, as amended, shall be debatable for 1 hour, equally divided and controlled by the chair and ranking minority member of the Committee on Education and Workforce, or their respective designees. The gentleman from Michigan (Mr. Walberg) and the gentleman from Virginia (Mr. Scott) each will control 30 minutes. The Chair now recognizes the gentleman from Michigan (Mr. Walberg). General Leave Mr. WALBERG. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on H.R. 4795. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Michigan? There was no objection. Mr. WALBERG. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in strong support of H.R. 4795, Protect Economic and Academic Freedom Act. In recent years, we have seen campaigns to boycott Israel spread across American campuses. These campaigns have pressured colleges and universities to cut financial, commercial, and academic ties with Israeli companies and institutions. That can mean restricting study abroad opportunities, research partnerships, academic exchanges, conferences, and other programs involving Israel. We cannot ignore the role these campaigns have played in fueling the alarming rise of anti-Semitism on college campuses. It is no coincidence that some of the largest supporters of these campaigns have applauded the October 7 attacks and continue to use anti-Semitic language. The Boycott, Divest and Sanctions, or BDS, movement singles out and demonizes Israel. It rejects the truth that Israel is a close friend and strategic [[Page H5484]] partner of the United States. Our universities should not use taxpayer- funded Federal programs to discriminate against Israeli students, faculty, institutions, or businesses simply because they are Israeli. H.R. 4795 would prohibit participating institutions from engaging in boycotts of Israel that are not based on legitimate business reasons. It would also require colleges and universities to treat academic opportunities involving Israel the same as those involving other countries, ensuring Israeli students and faculty have the same access to academic programs and opportunities as their peers from around the world. This is about fairness. It is about justice. It is about protecting academic freedom. It is about accountability for Federal taxpayer dollars. The Federal Government provides significant support to higher education. American taxpayers should not be funding institutions that utilize Federal programs while simultaneously pursuing discriminatory boycotts or unequal academic treatment based solely on ties to Israel. H.R. 4795 passed the committee with bipartisan support, 24-9. That vote reflects what should be an important bipartisan consensus. Our institutions of higher education should be welcoming places for scholarship and exchange, not hotbeds of anti-Semitism and discrimination. {time} 0920 I hope the floor vote reflects this principle. I urge my colleagues to support H.R. 4795 and send a clear message that academic and economic freedom must be protected on our campuses. Mr. Speaker, I reserve the balance of my time. Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, today, we find ourselves here, again, purportedly to address anti-Semitism in American higher education. While we should be able to agree that there is no place in higher education for anti- Semitism, the fact is my colleagues on the other side have been curiously quiet, or selectively quiet, about addressing anti-Semitism when it actually does occur. Recall when President Trump declared that there were fine people on both sides when a bunch of White supremacists and their Unite the Right rally marched on the University of Virginia's campus chanting: ``Jews will not replace us.'' My colleagues on the other side were also silent as numerous reports regarding chapters of the College Republicans openly promoted their hated of Jewish people among other groups. All the while this has been going on, my colleagues have not told the President to stop firing lawyers at the Office for Civil Rights of the Department of Education, the agency responsible for investigating claims of anti-Semitism in education. My colleagues on the other side of the aisle are certainly mum about how this administration is dismissing Title VI disparate impact analysis, the very tool necessary to address practices and policies that may appear facially neutral but, in fact, discriminate

Referenced legislation: HRES1499, HRES1499, HR4795, HR6806