What changed between these versions
A substantive restructuring of anti-boycott provisions. v2 removes a standalone section requiring annual certification and public listing for non-compliance, instead integrating the prohibition directly into the Higher Education Act's program participation agreements. Minor updates to the bill's short title and cross-references were also made.
Overview
A handful of significant structural and textual changes. · The overall direction is a restructuring and consolidation of the anti-boycott certification requirements and definitions directly into the program participation agreement, rather than a separate, newly created section.
The primary change is the consolidation of the anti-boycott certification requirement and its definitions from a newly proposed Section 124 into an amendment to Section 487(a) of the Higher Education Act. This streamlines the enforcement mechanism by directly integrating it into the program participation agreement for Title IV funds, while removing the explicit annual certification and public listing requirements. Additionally, cross-references to the definition of "major strategic partner" in Title VI sections were updated to reflect this change, and the short title year was updated.
Deletions
This section established an annual certification requirement for institutions participating in Title IV programs, stating they would not engage in a nonexpressive commercial boycott of a major strategic partner. It also mandated the Secretary to identify and publicly list institutions that did not submit such certification, and provided definitions for 'major strategic partner' and 'nonexpressive commercial boycott'.
The deletion of this standalone section means the anti-boycott certification is no longer a separate annual requirement under Part B of Title I. Instead, its core requirements and definitions are integrated directly into the program participation agreement under Section 487(a), changing the administrative mechanism for compliance and removing the specific public listing requirement for non-certifying institutions.
Modifications
This is a minor, administrative change reflecting the updated legislative session and reporting date, with no substantive policy impact.
Before
The Act was cited as the "Protect Economic and Academic Freedom Act of 2025".
After
The Act is cited as the "Protect Economic and Academic Freedom Act of 2026".
Institutions are now directly prohibited from engaging in such boycotts as a condition of their program participation agreement, rather than through a separate annual certification process. The explicit requirement for the Secretary to create and publish a list of non-certifying institutions, as present in v1's Section 124(b), is removed. This changes the administrative oversight and public transparency aspects of compliance.
Before
Added a new paragraph (30) to Section 487(a) stating, "The institution will comply with the requirements of section 124."
After
Replaced paragraph (30) in Section 487(a) with a direct prohibition: "(30)(A) The institution will not engage in a nonexpressive commercial boycott of a major strategic partner of the United States." It then includes subparagraph (B) which defines "major strategic partner" and "nonexpressive commercial boycott of a major strategic partner" directly within Section 487(a).
This is a minor, administrative change reflecting the updated legislative session and reporting date, with no substantive policy impact.
Before
Referred to the "Protect Economic and Academic Freedom Act of 2025".
After
Refers to the "Protect Economic and Academic Freedom Act of 2026".
This is a technical, conforming change to ensure the definition of "major strategic partner" is correctly referenced following the restructuring of Section 2. It has no change in policy or operative effect.
Before
Referenced "a major strategic partner (as defined in section 124)".
After
References "a major strategic partner (as defined in section 487(a)(30))".
This is a technical, conforming change to ensure the definition of "major strategic partner" is correctly referenced following the restructuring of Section 2. It has no change in policy or operative effect.
Before
Referenced "a major strategic partner (as defined in section 124)".
After
References "a major strategic partner (as defined in section 487(a)(30))".
Scope
Fundamental restructuring — Changes are concentrated in the implementation mechanism for the anti-boycott provisions and related cross-references, primarily affecting the sections governing institutional eligibility for federal funds. — The core policy direction remains the same: prohibiting institutions from engaging in nonexpressive commercial boycotts of major strategic partners and ensuring academic freedom with such partners. The change is primarily in the administrative and structural approach to implementing this policy, particularly regarding compliance and enforcement mechanisms. — The changes primarily consolidate definitions and requirements, streamlining the interaction by embedding them directly into an existing program participation agreement rather than creating a new, separate certification process. This affects how institutions comply with Title IV requirements and how Title VI provisions reference key definitions.
Impact analysis
Institutions of Higher Education participating in Title IV programs
Procedural and transparency change. The method of compliance and the public accountability mechanism are changed.
In v1, these institutions would have been required to submit a separate annual certification under a new Section 124, with a risk of public listing if they failed to certify. In v2, the non-boycott requirement is directly integrated into their program participation agreement under Section 487(a), removing the specific annual certification process and the public listing mechanism.