Ineligibility of institutions of higher education participating in certain nonexpressive commercial boycotts

(a) Ineligibility Part B of title I Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) 1094(a)) is amended by adding at the end the following: 124. Ineligibility of institutions participating in certain nonexpressive commercial boycotts (a) In general 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 (30) (A) The institution will not engage in a nonexpressive commercial boycott of a major strategic partner of the United States for the period beginning on the date States. (B) For purposes of such certification and ending on July 31 of the following year. (b) Public availability of list; notification 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. (c) Definitions In this section: (1) Major strategic partner paragraph: (i) The term major strategic partner means, with respect to the United States means— (A) States— (I) a country described in section 4 of Public Law 113–296; or (B) (II) an entity licensed or regulated by, or organized under the laws of, such a country. (2) Nonexpressive commercial boycott of a major strategic partner (ii) The term nonexpressive commercial boycott of a major strategic partner — (A) (I) means a commercial action (including engaging in refusals to deal and terminating business activities) that— (i) (aa) is intended to limit commercial relations with a major strategic partner; and (ii) (bb) is not based on a valid business reason; and (B) (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)).. (b) Program participation agreement 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 requirements of section 124..4842(a)(2))..