I 

118TH CONGRESS 

2D SESSION H. R. 7683 

To amend the Higher Education Act of 1965 to require institutions of 

higher education to adopt and adhere to principles of free speech, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2024 

Mr. WILLIAMS of New York (for himself, Mr. THOMPSON of Pennsylvania, and 

Ms. FOXX) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To amend the Higher Education Act of 1965 to require 

institutions of higher education to adopt and adhere to 

principles of free speech, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Respecting the First 

5 Amendment on Campus Act’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 The Higher Education Act of 1965 (20 U.S.C. 1001 

8 et seq.) is amended by inserting after section 112 the fol9 lowing new section: 


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1 ‘‘SEC. 112A. SENSE OF CONGRESS; CONSTRUCTION; DEFINI2 TION. 

3 ‘‘(a) SENSE OF CONGRESS.— 

4 ‘‘(1) ADOPTION OF CHICAGO PRINCIPLES.—The 

5 Congress— 

6 ‘‘(A) recognizes that free expression, open 

7 inquiry, and the honest exchange of ideas are 

8 fundamental to higher education; 

9 ‘‘(B) acknowledges the profound contribu10 tion of the Chicago Principles to the freedom of 

11 speech and expression; and 

12 ‘‘(C) calls on nonsectarian institutions of 

13 higher education to adopt the Chicago Prin14 ciples or substantially similar principles with re15 spect to institutional mission that emphasizes a 

16 commitment to freedom of speech and expres17 sion on university campuses and to develop and 

18 consistently implement policies accordingly. 

19 ‘‘(2) POLITICAL LITMUS TESTS.—The Con20 gress— 

21 ‘‘(A) condemns public institutions of high22 er education for conditioning admission to any 

23 student applicant, or the hiring, reappointment, 

24 or promotion of any faculty member, on the ap25 plicant or faculty member pledging allegiance to 

26 or making a statement of personal support for 


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1 or opposition to any political ideology or move2 ment, including a pledge or statement regarding 

3 diversity, equity, and inclusion, or related top4 ics; and 

5 ‘‘(B) discourages any institution from re6 questing or requiring any such pledge or state7 ment from an applicant or faculty member, as 

8 such actions are antithetical to the freedom of 

9 speech protected by the First Amendment to 

10 the Constitution. 

11 ‘‘(b) CONSTRUCTION.—Nothing in sections 112B 

12 through 112E shall be construed to infringe upon, or oth13 erwise impact, the protections provided to individuals 

14 under titles VI and VII of the Civil Rights Act of 1964 

15 (42 U.S.C. 2000d et seq.). 

16 ‘‘(c) DEFINITION.—For purposes of sections 112C, 

17 112D, and 112E, the term ‘covered public institution’ 

18 means an institution of higher education that is— 

19 ‘‘(1) a public institution; and 

20 ‘‘(2) participating in a program authorized 

21 under title IV.’’. 

22 SEC. 3. DISCLOSURE OF FREE SPEECH POLICIES. 

23 The Higher Education Act of 1965 (20 U.S.C. 1001 

24 et seq.), as amended by section 2 of this Act, is further 


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1 amended by inserting after section 112A the following new 

2 section: 

3 ‘‘SEC. 112B. DISCLOSURE OF POLICIES RELATED TO FREE4 DOM OF SPEECH, ASSOCIATION, AND RELI5 GION. 

6 ‘‘(a) IN GENERAL.—No institution of higher edu7 cation shall be eligible to participate in any program under 

8 title IV unless the institution certifies to the Secretary 

9 that the institution has annually disclosed to current and 

10 prospective students and faculty— 

11 ‘‘(1) any policies held by the institutions related 

12 to— 

13 ‘‘(A) speech on campus, including policies 

14 limiting— 

15 ‘‘(i) the time when such speech may 

16 occur; 

17 ‘‘(ii) the place where such speech may 

18 occur; or 

19 ‘‘(iii) the manner in which such 

20 speech may occur; 

21 ‘‘(B) freedom of association, if applicable; 

22 and 

23 ‘‘(C) freedom of religion, if applicable; and 

24 ‘‘(2) the right to a cause of action under section 

25 112E, if the institution is a public institution. 


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1 ‘‘(b) INTENDED BENEFICIARIES.—The certification 

2 specified in subsection (a) shall include an acknowledg3 ment from the institution that the students and faculty 

4 are the intended beneficiaries of the policies disclosed in 

5 the certification.’’. 

6 SEC. 4. FREEDOM OF ASSOCIATION AND RELIGION. 

7 The Higher Education Act of 1965 (20 U.S.C. 1001 

8 et seq.), as amended by section 3 of this Act, is further 

9 amended by inserting after section 112B the following new 

10 section: 

11 ‘‘SEC. 112C. FREEDOM OF ASSOCIATION AND RELIGION. 

12 ‘‘(a) STUDENTS’ BILL OF RIGHTS TO FURTHER

13 PROTECT SPEECH AND ASSOCIATION.— 

14 ‘‘(1) PROTECTED RIGHTS.—A covered public in15 stitution shall comply with the following require16 ments: 

17 ‘‘(A) RECOGNIZED STUDENT ORGANIZA18 TIONS.—A covered public institution that has 

19 recognized student organizations shall comply 

20 with the following requirements: 

21 ‘‘(i) FACULTY ADVISORS.— 

22 ‘‘(I) IN GENERAL.—A covered 

23 public institution may not deny rec24 ognition to a student organization be25 cause the organization is unable to obVerDate Sep 11 2014 23:23 Mar 19, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7683.IH H7683

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1 tain a faculty advisor or sponsor, if 

2 the organization meets each of the 

3 other content- and viewpoint-neutral 

4 institutional requirements for such 

5 recognition. 

6 ‘‘(II) ALTERNATIVE.—An institu7 tion described in subclause (I) shall 

8 ensure that any policy or practice re9 lated to the recognition of a student 

10 organization— 

11 ‘‘(aa) in the case of an orga12 nization that meets each of the 

13 other content- and viewpoint-neu14 tral institutional requirements for 

15 such recognition but is unable to 

16 obtain a faculty advisor or spon17 sor, provides for an alternative to 

18 any requirement that a faculty or 

19 staff member serve as the faculty 

20 advisor or sponsor as a condition 

21 for recognition of the student or22 ganization, which alternative may 

23 include— 

24 ‘‘(AA) waiver of such 

25 requirement; or 


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1 ‘‘(BB) the institution 

2 assigning a faculty or staff 

3 member to such organiza4 tion; and 

5 ‘‘(bb) does not require a fac6 ulty or staff member of the insti7 tution assigned to serve as fac8 ulty advisor pursuant to item 

9 (aa)(BB) to participate in, or 

10 support, the organization other 

11 than by performing the purely 

12 administrative functions required 

13 of a faculty advisor. 

14 ‘‘(ii) APPEAL OPTIONS FOR RECOGNI15 TION.— 

16 ‘‘(I) IN GENERAL.—A covered 

17 public institution shall provide an ap18 peals process by which a student orga19 nization that has been denied recogni20 tion by the institution may appeal to 

21 an institutional appellate entity for re22 consideration. 

23 ‘‘(II) REQUIREMENTS.—The ap24 peal process shall— 


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1 ‘‘(aa) require the covered 

2 public institution to provide a 

3 written explanation for the basis 

4 for the denial of recognition in a 

5 timely manner, which shall in6 clude a copy of all policies relied 

7 upon by the institution as a basis 

8 for the denial; 

9 ‘‘(bb) require the covered 

10 public institution to provide writ11 ten notice to the students seeking 

12 recognition of the appeal process 

13 and the timeline for hearing and 

14 resolving the appeal; 

15 ‘‘(cc) allow the students 

16 seeking recognition to obtain out17 side counsel to represent them 

18 during the appeal; and 

19 ‘‘(dd) ensure that such ap20 pellate entity did not participate 

21 in any prior proceeding related to 

22 the denial of recognition to the 

23 student organization. 

24 ‘‘(B) DISTRIBUTION OF FUNDS TO STU25 DENT ORGANIZATIONS.—A covered public instiVerDate Sep 11 2014 23:23 Mar 19, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7683.IH H7683

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1 tution that collects a mandatory fee from stu2 dents for the costs of student activities or 

3 events (or both), and provides funds generated 

4 from such student fees to one or more recog5 nized student organizations of the institution, 

6 shall— 

7 ‘‘(i) establish and make publicly avail8 able clear, objective, content- and view9 point-neutral, and exhaustive standards to 

10 be used by the institution to determine— 

11 ‘‘(I) the total amount of funds 

12 made available for allocations to the 

13 recognized student organizations; and 

14 ‘‘(II) the allocations of such total 

15 amount to individual recognized stu16 dent organizations; 

17 ‘‘(ii) ensure that allocations are made 

18 to the recognized student organizations in 

19 accordance with the standards established 

20 pursuant to clause (i); 

21 ‘‘(iii) upon the request of a recognized 

22 student organization that has been denied 

23 all or a portion of an allocation described 

24 in clause (ii), provide to the organization, 

25 in writing (which may include electronic 


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1 communication) and in a timely manner, 

2 the specific reasons for such denial, copies 

3 of all policies relied upon by the institution 

4 as basis for the denial, and information of 

5 the appeals process described in clause 

6 (iv); and 

7 ‘‘(iv) provide an appeals process by 

8 which a recognized student organization 

9 that has been denied all or a portion of an 

10 allocation described in clause (ii) may ap11 peal to an institutional appellate entity for 

12 reconsideration, which appeals process— 

13 ‘‘(I) shall require the covered 

14 public institution to provide written 

15 notice to the students seeking an allo16 cation through the appeal process and 

17 the timeline for hearing and resolving 

18 the appeal; 

19 ‘‘(II) allow the students seeking 

20 an allocation to obtain outside counsel 

21 to represent them during the appeal; 

22 and 

23 ‘‘(III) require the institution to 

24 ensure that such appellate entity did 


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1 not participate in any prior pro2 ceeding related to such allocation. 

3 ‘‘(C) ASSESSMENT OF SECURITY FEES FOR

4 EVENTS.—A covered public institution shall es5 tablish and make publicly available clear, objec6 tive, content- and viewpoint-neutral, and ex7 haustive standards to be used by the institution 

8 to— 

9 ‘‘(i) determine the amount of any se10 curity fee for an event or activity organized 

11 by a student or student organization; and 

12 ‘‘(ii) ensure that a determination of 

13 such an amount may not be based, in 

14 whole or in part, on— 

15 ‘‘(I) the content of expression or 

16 viewpoint of the student or student 

17 organization; 

18 ‘‘(II) the content of expression of 

19 the event or activity organized by the 

20 student or student organization; 

21 ‘‘(III) the content of expression 

22 or viewpoint of an invited guest of the 

23 student or student organization; or 

24 ‘‘(IV) an anticipated reaction by 

25 students or the public to the event. 


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1 ‘‘(D) PROTECTIONS FOR INVITED GUESTS

2 AND SPEAKERS.—A covered public institution 

3 shall establish and make publicly available 

4 clear, objective, content- and viewpoint-neutral, 

5 and exhaustive standards to be used by the in6 stitution related to the safety and protection of 

7 speakers and guests who are invited to the in8 stitution by a student or student organization. 

9 ‘‘(2) DEFINITIONS.—In this subsection: 

10 ‘‘(A) RECOGNIZED STUDENT ORGANIZA11 TION.—The term ‘recognized student organiza12 tion’ means a student organization that has 

13 been determined by a covered public institution 

14 to meet institutional requirements to qualify for 

15 certain privileges granted by the institution, 

16 such as use of institutional venues, resources, 

17 and funding. 

18 ‘‘(B) SECURITY FEE.—The term ‘security 

19 fee’ means a fee charged to a student or stu20 dent organization for an event or activity orga21 nized by the student or student organization on 

22 the campus of the institution that is intended to 

23 cover some or all of the costs incurred by the 

24 institution for additional security measures 

25 needed to ensure the security of the institution, 


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1 students, faculty, staff, or surrounding commu2 nity as a result of such event or activity. 

3 ‘‘(b) EQUAL CAMPUS ACCESS.—A covered public in4 stitution shall not deny to a religious student organization 

5 any right, benefit, or privilege that is otherwise afforded 

6 to other student organizations at the institution (including 

7 full access to the facilities of the institution and official 

8 recognition of the organization by the institution) because 

9 of the religious beliefs, practices, speech, leadership stand10 ards, or standards of conduct of the religious student or11 ganization. 

12 ‘‘(c) FREEDOM OF ASSOCIATION.— 

13 ‘‘(1) UPHOLDING FREEDOM OF ASSOCIATION

14 PROTECTIONS.—Any student (or group of students) 

15 enrolled in an institution of higher education that 

16 receives funds under this Act, including through an 

17 institution’s participation in any program under title 

18 IV, shall— 

19 ‘‘(A) subject to paragraph (3)(A), be able 

20 to form a single-sex social organization, whether 

21 recognized by the institution or not; 

22 ‘‘(B) be able to apply to join any single-sex 

23 social organization; and 

24 ‘‘(C) if selected for membership by any sin25 gle-sex social organization, be able to join, and 


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1 participate in, such single-sex organization, sub2 ject to its standards for regulating its own 

3 membership, as provided under paragraph 

4 (3)(C). 

5 ‘‘(2) NON-RETALIATION AGAINST STUDENTS OF

6 SINGLE-SEX SOCIAL ORGANIZATIONS.—An institu7 tion of higher education that receives funds under 

8 this Act, including through an institution’s partici9 pation in any program under title IV, shall not— 

10 ‘‘(A) take any action to require or coerce 

11 a student or prospective student who is a mem12 ber or prospective member of a single-sex social 

13 organization to waive the protections provided 

14 under paragraph (1), including as a condition 

15 of enrolling in the institution; 

16 ‘‘(B) take any adverse action against a sin17 gle-sex social organization, or a student who is 

18 a member or a prospective member of a single19 sex social organization, based on the member20 ship practice of such organization limiting 

21 membership only to individuals of one sex; or 

22 ‘‘(C) impose a recruitment restriction (in23 cluding a recruitment restriction relating to the 

24 schedule for membership recruitment) on a sin25 gle-sex social organization recognized by the inVerDate Sep 11 2014 23:23 Mar 19, 2024 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H7683.IH H7683

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1 stitution, which is not imposed upon other stu2 dent organizations by the institution, unless the 

3 organization (or a council of similar organiza4 tions) and the institution have entered into a 

5 mutually agreed-upon written agreement that 

6 allows the institution to impose such restriction. 

7 ‘‘(3) RULES OF CONSTRUCTION.—Nothing in 

8 this subsection shall— 

9 ‘‘(A) require an institution of higher edu10 cation to officially recognize a single-sex social 

11 organization; 

12 ‘‘(B) prohibit an institution of higher edu13 cation from taking an adverse action against a 

14 student who organizes, leads, or joins a single15 sex social organization— 

16 ‘‘(i) due to academic or nonacademic 

17 misconduct; or 

18 ‘‘(ii)(I) for public institutions, because 

19 the organization’s purpose is directed to 

20 inciting or producing imminent lawless ac21 tion and likely to incite or produce such 

22 action; or 

23 ‘‘(II) for private institutions, because 

24 the organization’s purpose is incompatible 

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1 tion, so long as that adverse action is not 

2 based on the membership practice of the 

3 organization of limiting membership only 

4 to individuals of one sex; 

5 ‘‘(C) prevent a single-sex social organiza6 tion from regulating its own membership; 

7 ‘‘(D) inhibit the ability of the faculty of an 

8 institution of higher education to express an 

9 opinion (either individually or collectively) about 

10 membership in a single-sex social organization, 

11 or otherwise inhibit the academic freedom of 

12 such faculty to research, write, or publish mate13 rial about membership in such an organization; 

14 or 

15 ‘‘(E) create enforceable rights against a 

16 single-sex social organization or against an in17 stitution of higher education due to the decision 

18 of the organization to deny membership to an 

19 individual student. 

20 ‘‘(4) DEFINITIONS.—In this subsection: 

21 ‘‘(A) ADVERSE ACTION.—The term ‘ad22 verse action’ includes the following actions 

23 taken by an institution of higher education with 

24 respect to a single-sex social organization or a 


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1 member or prospective member of a single-sex 

2 social organization: 

3 ‘‘(i) Expulsion, suspension, probation, 

4 censure, condemnation, formal reprimand, 

5 or any other disciplinary action, coercive 

6 action, or sanction taken by an institution 

7 of higher education or administrative unit 

8 of such institution. 

9 ‘‘(ii) An oral or written warning with 

10 respect to an action described in clause (i) 

11 made by an official of an institution of 

12 higher education acting in their official ca13 pacity. 

14 ‘‘(iii) An action to deny participation 

15 in any education program or activity, in16 cluding the withholding of any rights, 

17 privileges, or opportunities afforded other 

18 students on campus. 

19 ‘‘(iv) An action to withhold, in whole 

20 or in part, any financial assistance (includ21 ing scholarships and on-campus employ22 ment), or denying the opportunity to apply 

23 for financial assistance, a scholarship, a 

24 graduate fellowship, or on-campus employ25 ment. 


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1 ‘‘(v) An action to deny or restrict ac2 cess to on-campus housing. 

3 ‘‘(vi) An act to deny any certification, 

4 endorsement, or letter of recommendation 

5 that may be required by a student’s cur6 rent or future employer, a government 

7 agency, a licensing board, an institution of 

8 higher education, a scholarship program, 

9 or a graduate fellowship to which the stu10 dent applies or seeks to apply. 

11 ‘‘(vii) An action to deny participation 

12 in any sports team, club, or other student 

13 organization, including a denial of any 

14 leadership position in any sports team, 

15 club, or other student organization. 

16 ‘‘(viii) An action to withdraw the in17 stitution’s official recognition of such orga18 nization. 

19 ‘‘(ix) An action to require any student 

20 to certify that such student is not a mem21 ber of a single-sex social organization or to 

22 disclose the student’s membership in a sin23 gle-sex social organization. 

24 ‘‘(x) An action to interject an institu25 tion’s own criteria into the membership 


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1 practices of the organization in any man2 ner that conflicts with the rights of such 

3 organization under title IX of the Edu4 cation Amendments of 1972 (20 U.S.C. 

5 1681 et seq.) or this subsection. 

6 ‘‘(xi) An action to impose additional 

7 requirements on advisors serving a single8 sex social organization that are not im9 posed on all other student organizations. 

10 ‘‘(B) SINGLE-SEX SOCIAL ORGANIZA11 TION.—The term ‘single-sex social organization’ 

12 means— 

13 ‘‘(i) a social fraternity or sorority de14 scribed in section 501(c) of the Internal 

15 Revenue Code of 1986 which is exempt 

16 from taxation under section 501(a) of such 

17 Code, or an organization that has been his18 torically single-sex, the active membership 

19 of which consists primarily of students or 

20 alumni of an institution of higher edu21 cation; or 

22 ‘‘(ii) a single-sex private social club 

23 (including an independent organization lo24 cated off-campus) that consists primarily 


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1 of students or alumni of an institution of 

2 higher education.’’. 

3 SEC. 5. FREE SPEECH ON CAMPUS. 

4 The Higher Education Act of 1965 (20 U.S.C. 1001 

5 et seq.), as amended by section 4 of this Act, is further 

6 amended by inserting after section 112C the following new 

7 section: 

8 ‘‘SEC. 112D. FREE SPEECH ON CAMPUS. 

9 ‘‘(a) IN GENERAL.—A covered public institution 

10 shall— 

11 ‘‘(1) at each orientation for new and transfer 

12 students, provide students attending the orienta13 tion— 

14 ‘‘(A) a written statement that— 

15 ‘‘(i) explains the rights of students 

16 under the First Amendment to the Con17 stitution; 

18 ‘‘(ii) affirms the importance of, and 

19 the commitment of the institution to, free20 dom of expression; and 

21 ‘‘(iii) includes assurances that stu22 dents, and individuals invited by students 

23 to speak at the institution, will not be 

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1 dom of expression of such students or indi2 viduals; and 

3 ‘‘(B) educational programming (including 

4 online resources) that describes their free 

5 speech rights and responsibilities under the 

6 First Amendment to the Constitution; and 

7 ‘‘(2) post on the publicly accessible website of 

8 the institution the statement described in paragraph 

9 (1)(A). 

10 ‘‘(b) CAMPUS FREE SPEECH AND RESTORATION.— 

11 ‘‘(1) DEFINITION OF EXPRESSIVE ACTIVI12 TIES.—In this subsection, the term ‘expressive activ13 ity’— 

14 ‘‘(A) includes— 

15 ‘‘(i) peacefully assembling, protesting, 

16 speaking, or listening; 

17 ‘‘(ii) distributing literature; 

18 ‘‘(iii) carrying a sign; 

19 ‘‘(iv) circulating a petition; or 

20 ‘‘(v) other expressive activities guar21 anteed under the First Amendment to the 

22 Constitution; 

23 ‘‘(B) applies equally to religious expression 

24 as it does to non-religious expression; and 


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1 ‘‘(C) does not include unprotected speech 

2 (as defined by the precedents of the Supreme 

3 Court of the United States). 

4 ‘‘(2) EXPRESSIVE ACTIVITIES AT AN INSTITU5 TION.— 

6 ‘‘(A) IN GENERAL.—A covered public insti7 tution may not prohibit, subject to subpara8 graph (B), a person from freely engaging in 

9 noncommercial expressive activity in a generally 

10 accessible area on the institution’s campus if 

11 the person’s conduct is lawful. The publicly ac12 cessible outdoor areas of campuses of public in13 stitutions of higher education shall be regulated 

14 pursuant to rules applicable to traditional pub15 lic forums. 

16 ‘‘(B) RESTRICTIONS.—A covered public in17 stitution may not maintain or enforce time, 

18 place, or manner restrictions on an expressive 

19 activity in a generally accessible area of the in20 stitution’s campus unless the restriction— 

21 ‘‘(i) is narrowly tailored in further22 ance of a significant governmental interest; 

23 ‘‘(ii) is based on published, content24 neutral, and viewpoint-neutral criteria; 


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1 ‘‘(iii) leaves open ample alternative 

2 channels for communication; and 

3 ‘‘(iv) provides for spontaneous assem4 bly and distribution of literature. 

5 ‘‘(C) APPLICATION.—The protections pro6 vided under subparagraph (A) do not apply to 

7 expressive activity in an area on an institution’s 

8 campus that is not a generally accessible area. 

9 ‘‘(D) NONAPPLICATION TO SERVICE ACAD10 EMIES.—This subsection shall not apply to an 

11 institution of higher education whose primary 

12 purpose is the education of individuals for the 

13 military services of the United States, or the 

14 merchant marine. 

15 ‘‘(c) PROHIBITION ON USE OF POLITICAL TESTS.— 

16 ‘‘(1) IN GENERAL.—A covered public institution 

17 may not consider, require, or discriminate on the 

18 basis of a political test in the admission, appoint19 ment, hiring, employment, or promotion of any cov20 ered individual, or in the granting of tenure to any 

21 covered individual. 

22 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

23 this subsection shall be construed— 

24 ‘‘(A) to prohibit an institution of higher 

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1 cation of individuals for the military services of 

2 the United States, or the merchant marine, 

3 from requiring an applicant, student, or em4 ployee to take an oath to uphold the Constitu5 tion of the United States; 

6 ‘‘(B) to prohibit an institution of higher 

7 education from requiring a student, faculty 

8 member, or employee to comply with Federal or 

9 State anti-discrimination laws or from taking 

10 action against a student, faculty member, or 

11 employee for violations of Federal or State anti12 discrimination laws, as applicable; 

13 ‘‘(C) to prohibit an institution of higher 

14 education from evaluating a prospective stu15 dent, an employee, or a prospective employee 

16 based on their knowingly providing material 

17 support or resources to an organization des18 ignated as a foreign terrorist organization pur19 suant to section 219 of the Immigration and 

20 Nationality Act (8 U.S.C. 1189); 

21 ‘‘(D) to prohibit an institution of higher 

22 education from considering the subject-matter 

23 competency including the research and creative 

24 works, of any candidate for a faculty position or 

25 faculty member considered for promotion when 


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1 the subject matter is germane to their given 

2 field of scholarship; or 

3 ‘‘(E) to apply to activities of registered 

4 student organizations. 

5 ‘‘(3) DEFINITIONS.—In this subsection: 

6 ‘‘(A) COVERED INDIVIDUAL.—The term 

7 ‘covered individual’ means, with respect to an 

8 institution of higher education that is a public 

9 institution— 

10 ‘‘(i) a prospective student who has 

11 submitted an application to attend such in12 stitution; 

13 ‘‘(ii) a student who attends such insti14 tution; 

15 ‘‘(iii) a prospective employee who has 

16 submitted an application to work at such 

17 institution; 

18 ‘‘(iv) an employee who works at such 

19 institution; 

20 ‘‘(v) a prospective faculty member 

21 who has submitted an application to work 

22 at such institution; and 

23 ‘‘(vi) a faculty member who works at 

24 such institution. 


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1 ‘‘(B) MATERIAL SUPPORT OR RE2 SOURCES.—The term ‘material support or re3 sources’ has the meaning given that term in 

4 section 2339A of title 18, United States Code 

5 (including the definitions of ‘training’ and ‘ex6 pert advice or assistance’ in that section). 

7 ‘‘(C) POLITICAL TEST.—The term ‘political 

8 test’ means a method of compelling or soliciting 

9 an applicant for enrollment or employment, stu10 dent, or employee of an institution of higher 

11 education to identify commitment to or make a 

12 statement of personal belief in support of any 

13 ideology or movement that— 

14 ‘‘(i) supports or opposes a specific 

15 partisan or political set of beliefs; 

16 ‘‘(ii) supports or opposes a particular 

17 viewpoint on a social or political issue; or 

18 ‘‘(iii) promotes the disparate treat19 ment of any individual or group of individ20 uals on the basis of race, color, or national 

21 origin, including— 

22 ‘‘(I) any initiative or formulation 

23 of diversity, equity, and inclusion be24 yond upholding existing Federal law; 

25 or 


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1 ‘‘(II) any theory or practice that 

2 holds that systems or institutions up3 holding existing Federal law are rac4 ist, oppressive, or otherwise unjust.’’. 

5 SEC. 6. ENFORCEMENT. 

6 (a) PROGRAM PARTICIPATION AGREEMENT.—Section 

7 487(a) of the Higher Education Act of 1965 (20 U.S.C. 

8 1094(a)) is amended by adding at the end the following: 

9 ‘‘(30)(A) In the case of an institution that is a 

10 public institution, the institution will comply with all 

11 the requirements of sections 112B through 112D. 

12 ‘‘(B) In the case of an institution that is not a 

13 public institution, the institution will comply with 

14 sections 112B and 112C(c). 

15 ‘‘(C) An institution that fails to comply with 

16 section 112B or 112C(c) shall— 

17 ‘‘(i) be ineligible to participate in the pro18 grams authorized by this title for a period of 

19 not less than 1 award year; and 

20 ‘‘(ii) in order to regain eligibility to partici21 pate in such programs, demonstrate compliance 

22 with all requirements of such section for not 

23 less than one award year after the award year 

24 in which such institution became ineligible.’’. 


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1 (b) CAUSE OF ACTION.—The Higher Education Act 

2 of 1965 (20 U.S.C. 1001 et seq.), as amended by section 

3 5 of this Act, is further amended by inserting after section 

4 112D the following new section: 

5 ‘‘SEC. 112E. ENFORCEMENT. 

6 ‘‘(a) CAUSE OF ACTION.— 

7 ‘‘(1) CIVIL ACTION.—After exhaustion of any 

8 available appeals under section 112C(a), an ag9 grieved individual who, or an aggrieved organization 

10 that, is harmed by the maintenance of a policy or 

11 practice by a covered public institution that is in vio12 lation of a requirement described in section 112B, 

13 112C, or 112D may bring a civil action in a Federal 

14 court for appropriate relief. 

15 ‘‘(2) APPROPRIATE RELIEF.—For the purposes 

16 of this subsection, appropriate relief includes— 

17 ‘‘(A) a temporary or permanent injunction; 

18 and 

19 ‘‘(B) awarding a prevailing plaintiff— 

20 ‘‘(i) compensatory damages; 

21 ‘‘(ii) reasonable court costs; and 

22 ‘‘(iii) reasonable attorney’s fees. 

23 ‘‘(3) STATUTE OF LIMITATIONS.—A civil action 

24 under this subsection may not be commenced later 

25 than 2 years after the cause of action accrues. For 


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1 purposes of calculating the two-year limitation pe2 riod, each day that the violation of a requirement 

3 described in section 112B, 112C, or 112D persists, 

4 and each day that a policy in violation of a require5 ment described in section 112B, 112C, or 112D re6 mains in effect, shall constitute a new day that the 

7 cause of action has accrued. 

8 ‘‘(b) NON-DEFAULT, FINAL JUDGMENT.—In the 

9 case of a court’s non-default, final judgment in a civil ac10 tion brought under subsection (a) that a covered public 

11 institution is in violation of a requirement described in sec12 tion 112B, 112C, or 112D, such covered public institution 

13 shall— 

14 ‘‘(1) not later than 7 days after the date on 

15 which the court makes such a non-default, final 

16 judgment, notify the Secretary of such judgment and 

17 submit to the Secretary a copy of the non-default, 

18 final judgment; and 

19 ‘‘(2) not later than 30 days after the date on 

20 which the court makes such a non-default, final 

21 judgment, submit to the Secretary a report that— 

22 ‘‘(A) certifies that the standard, policy, 

23 practice, or procedure that is in violation of the 

24 requirement described in section 112B, 112C, 

25 or 112D is no longer in use; and 


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1 ‘‘(B) provides evidence to support such cer2 tification. 

3 ‘‘(c) REVOCATION OF ELIGIBILITY.—In the case of 

4 a covered public institution that does not notify the Sec5 retary as required under subsection (b)(1) or submit the 

6 report required under subsection (b)(2), the Secretary 

7 shall revoke the eligibility of such institution to participate 

8 in a program authorized under title IV for each award 

9 year following the conclusion of the award year in which 

10 a court made a non-default, final judgment in a civil ac11 tion brought under subsection (a) that the institution is 

12 in violation of a requirement described in section 112B, 

13 112C, or 112D. 

14 ‘‘(d) RESTORATION OF ELIGIBILITY.— 

15 ‘‘(1) IN GENERAL.—A covered public institution 

16 that loses eligibility under subsection (c) to partici17 pate in a program authorized under title IV may 

18 seek to restore such eligibility by submitting to the 

19 Secretary the report described in subsection (b)(2). 

20 ‘‘(2) DETERMINATION BY THE SECRETARY.— 

21 Not later than 90 days after a covered public insti22 tution submits a report under paragraph (1), the 

23 Secretary shall review such report and make a deter24 mination with respect to whether such report con25 tained sufficient evidence to demonstrate that such 


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1 institution is no longer in violation of a requirement 

2 described in section 112B, 112C, or 112D. 

3 ‘‘(3) RESTORATION.—If the Secretary makes a 

4 determination under paragraph (2) that the covered 

5 public institution is no longer in violation of a re6 quirement described in section 112B, 112C, or 

7 112D, the Secretary shall restore the eligibility of 

8 such institution to participate in a program author9 ized under title IV for each award year following the 

10 conclusion of the award year in which such deter11 mination is made. 

12 ‘‘(e) REPORT TO CONGRESS.—Not later than 1 year 

13 after the date of the enactment of this section, and on 

14 an annual basis thereafter, the Secretary shall submit to 

15 the Committee on Education and the Workforce of the 

16 House of Representatives and the Senate Committee on 

17 Health, Education, Labor, and Pensions a report that in18 cludes— 

19 ‘‘(1) a compilation of— 

20 ‘‘(A) the notifications of violation received 

21 by the Secretary under subsection (b)(1) in the 

22 year for which such report is being submitted; 

23 and 


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1 ‘‘(B) the reports submitted to the Sec2 retary under subsection (b)(2) for such year; 

3 and 

4 ‘‘(2) any action taken by the Secretary revoke 

5 or restore eligibility under subsections (c) and (d) 

6 for such year. 

7 ‘‘(f) VOLUNTARY WAIVER OF STATE AND LOCAL

8 SOVEREIGN IMMUNITY AS CONDITION OF RECEIVING

9 FEDERAL FUNDING.—The receipt, on or after the date 

10 of enactment of this section, of any Federal funding under 

11 title IV of this Act by a State or political subdivision of 

12 a State (including any municipal or county government) 

13 is deemed to constitute a clear and unequivocal expression 

14 of, and agreement to, waiving sovereign immunity under 

15 the 11th Amendment to the Constitution or otherwise, to 

16 a civil action for injunctive relief, compensatory damages, 

17 court costs, and attorney’s fees under this section. 

18 ‘‘(g) DEFINITION.—In this section, the term ‘non-de19 fault, final judgment’ means a final judgment by a court 

20 for a civil action brought under subsection (a) that a cov21 ered public institution is in violation of a requirement de22 scribed in section 112B, 112C, or 112D that the covered 

23 public institution chooses not to appeal or that is not sub24 ject to further appeal.’’. 

Æ 


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