HF 576 (LSB 1750HV (1) 91)

HOUSE FILE 576

BY  COMMITTEE ON HIGHER EDUCATION

(SUCCESSOR TO HF 115)

A BILL FOR

An Act providing penalties for certain nonimmigrant visa holders attending or employed by certain institutions of higher education who express support for certain terrorist activities or organizations and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  SHORT TITLE.  This Act shall be known and may be cited as the “Combatting Terrorist Sympathizers Act”.
    Sec. 2.  Section 256.183, subsection 1, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   “Accredited private institution” means an institution of higher learning located in Iowa which is operated privately and not controlled or administered by any state agency or any subdivision of the state and which meets the criteria in paragraphs “a” and “b” and all of the criteria in paragraphs “d” through “j” “k”, except that institutions defined in paragraph “c” of this subsection are exempt from the requirements of paragraphs “a” and “b”:
    Sec. 3.  Section 256.183, subsection 1, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  k.  Adopts a policy for compliance with chapter 261K.
    Sec. 4.  NEW SECTION.  261K.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Institution of higher education” means an institution of higher learning governed by the state board of regents or an accredited private institution as defined in section 256.183. 
   2.  “Nonimmigrant visa” includes but is not limited to visa categories F-1, M-1, and J-1.
   3.  “Terrorist activity” and “terrorist organization” mean the same as defined in 8 U.S.C. §1182.
    Sec. 5.  NEW SECTION.  261K.2  Policy on nonimmigrant visa holders —— support of terrorist activities or organizations —— suspension, expulsion, or termination of employment.
   Each institution of higher education shall adopt and enforce a policy that does all of the following:
   1.  Prohibits a student, faculty member, and staff member, if the individual holds a nonimmigrant visa, from publicly espousing terrorist activity related to an ongoing conflict or, at any time or place, persuading others to endorse or espouse terrorist activity related to an ongoing conflict or to support a terrorist organization unless it is the policy or practice of the United States to support such activity or organization.
   2.  Upon suspecting or receiving a credible allegation that an individual has violated the policy, provides for an investigation of the individual by the institution and, if warranted by the factual results of the investigation, enforcement of the policy against the individual.
   3.  Upon a first finding of guilt of or responsibility for a violation of subsection 1 by a preponderance of the evidence, provides for the suspension of a student or termination of a faculty or staff member’s employment for at least one year.
   4.  Upon a second finding of guilt of or responsibility for a violation of subsection 1 by a preponderance of the evidence, provides for the expulsion of a student or termination of a faculty or staff member’s employment permanently.
   5.  Immediately upon suspending or expelling a student or terminating a faculty or staff member’s employment under subsection 3 or 4, requires the institution to update the individual’s record in the federal department of homeland security’s student exchange visitor information system or a successor system to show that the individual is no longer enrolled as a full-time student of the institution or employed by the institution.
   6.  Prohibits a student, faculty member, or staff member from transferring to, enrolling at, or becoming employed by the institution if the individual has been suspended, expelled, or terminated from employment by another institution of higher education under subsection 4.
    Sec. 6.  NEW SECTION.  261K.3  Enforcement against institutions —— attorney general —— ineligibility for tuition grants.
   1.  The attorney general shall enforce this chapter and may investigate suspected violations of this chapter by an institution of higher education.
   2.  The attorney general may compel production of documents and other evidence from an institution suspected of violating this chapter, including all education and employment records and other relevant records.
   3.  a.  The attorney general may bring an action against an institution of higher education for a writ of mandamus to compel the institution to comply with this chapter.
   b.  Upon a determination by the court that an institution of higher education that is not a regents institution has violated this chapter, the institution shall be ineligible to receive funds from the state for tuition grants under chapter 256, subchapter VII, part 4, subpart B, for the academic year beginning after the date of the finding. The attorney general shall petition the court to make such a determination. The court shall submit a copy of the determination to the college student aid commission.
    Sec. 7.  EFFECTIVE DATE.  This Act takes effect December 31, 2025.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires an institution of higher education to adopt and enforce a policy relating to certain expressions of support for terrorist activities or organizations, as defined under federal law, by nonimmigrant visa holders attending or working at the institution. The bill defines “institution of higher education” as an institution of higher learning governed by the state board of regents or an accredited private institution for purposes of tuition grants under Code chapter 256, subchapter VII, part 4, subpart B.
   The policy shall prohibit a student, faculty member, and staff member, if the individual holds a nonimmigrant visa, from publicly espousing terrorist activity related to an ongoing conflict or, at any time or place, persuading others to endorse or espouse terrorist activity related to an ongoing conflict or to support a terrorist organization unless it is the policy or practice of the United States to support such activity or organization.
   Upon suspecting or receiving a credible allegation of a violation by an individual, the policy shall provide for an investigation of the individual by the institution and, if warranted by the factual results of the investigation, enforcement of the policy against the individual.
   Upon a first finding of guilt of or responsibility for a violation by a preponderance of the evidence, the policy shall provide for the suspension of a student or termination of a faculty or staff member’s employment for at least one year. Upon a second such finding, the policy shall provide for the expulsion of a student or termination of a faculty or staff member’s employment permanently.
   Immediately upon suspending or expelling a student or terminating a faculty or staff member’s employment in this manner, the policy shall require the institution to update the individual’s record in the federal department of homeland security’s student exchange visitor information system or a successor system to show that the individual is no longer enrolled as a full-time student of the institution or employed by the institution.
   The policy must prohibit a student, faculty member, or staff member from transferring to, enrolling at, or becoming employed by the institution if the individual has been suspended, expelled, or terminated from employment by another institution of higher education as provided under the bill.
   The bill shall be enforced by the attorney general, who may investigate suspected violations by an institution of higher education. The attorney general may compel production of documents and other evidence from an institution suspected of a violation. The attorney general may bring an action against an institution for a writ of mandamus to compel the institution to comply.
   Upon a determination by the court that an institution that is not a regents institution has committed a violation, the institution shall be ineligible to receive funds from the state for tuition grants under Code chapter 256, subchapter VII, part 4, subpart B, for the academic year beginning after the date of the finding.
   The bill takes effect December 31, 2025.