IB 

Union Calendar No. 387 

118TH CONGRESS 

2D SESSION H. R. 7683 

[Report No. 118–468] 

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 

APRIL 26, 2024 

Additional sponsors: Mr. OWENS, Mr. WILSON of South Carolina, Mr. KILEY, 

Mrs. MCCLAIN, Mr. WALBERG, Mrs. HOUCHIN, Mr. CRENSHAW, Mr. 

ALLEN, Mrs. CHAVEZ-DEREMER, Mr. HARRIS, Mrs. STEEL, Mr. BEAN

of Florida, Mr. BANKS, Mr. BURLISON, Mrs. MILLER of Illinois, Mr. VAN

DREW, and Mr. HIGGINS of Louisiana 

APRIL 26, 2024 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 15, 2014] 


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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. 


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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: 

10 ‘‘SEC. 112A. SENSE OF CONGRESS; CONSTRUCTION; DEFINI11 TION. 

12 ‘‘(a) SENSE OF CONGRESS.— 

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

14 Congress— 

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

16 inquiry, and the honest exchange of ideas are 

17 fundamental to higher education; 

18 ‘‘(B) acknowledges the profound contribu19 tion of the Chicago Principles to the freedom of 

20 speech and expression; and 

21 ‘‘(C) calls on nonsectarian institutions of 

22 higher education to adopt the Chicago Principles 

23 or substantially similar principles with respect 

24 to institutional mission that emphasizes a com25 mitment to freedom of speech and expression on 


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1 university campuses and to develop and consist2 ently implement policies accordingly. 

3 ‘‘(2) POLITICAL LITMUS TESTS.—The Congress— 

4 ‘‘(A) condemns public institutions of higher 

5 education for conditioning admission to any stu6 dent applicant, or the hiring, reappointment, or 

7 promotion of any faculty member, on the appli8 cant or faculty member pledging allegiance to or 

9 making a statement of personal support for or 

10 opposition to any political ideology or move11 ment, including a pledge or statement regarding 

12 diversity, equity, and inclusion, or related top13 ics; and 

14 ‘‘(B) discourages any institution from re15 questing or requiring any such pledge or state16 ment from an applicant or faculty member, as 

17 such actions are antithetical to the freedom of 

18 speech protected by the First Amendment to the 

19 Constitution. 

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

21 through 112E shall be construed to infringe upon, or other22 wise impact, the protections provided to individuals under 

23 titles VI and VII of the Civil Rights Act of 1964 (42 U.S.C. 

24 2000d et seq.). 


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

2 112D, and 112E, the term ‘covered public institution’ 

3 means an institution of higher education that is— 

4 ‘‘(1) a public institution; and 

5 ‘‘(2) participating in a program authorized 

6 under title IV.’’. 

7 SEC. 3. DISCLOSURE OF FREE SPEECH POLICIES. 

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

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

10 amended by inserting after section 112A the following new 

11 section: 

12 ‘‘SEC. 112B. DISCLOSURE OF POLICIES RELATED TO FREE13 DOM OF SPEECH, ASSOCIATION, AND RELI14 GION. 

15 ‘‘(a) IN GENERAL.—No institution of higher education 

16 shall be eligible to participate in any program under title 

17 IV unless the institution certifies to the Secretary that the 

18 institution has annually disclosed to current and prospec19 tive students and faculty— 

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

21 to— 

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

23 limiting— 

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

25 occur; 


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

2 occur; or 

3 ‘‘(iii) the manner in which such speech 

4 may occur; 

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

6 and 

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

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

9 112E, if the institution is a public institution. 

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

11 specified in subsection (a) shall include an acknowledgment 

12 from the institution that the students and faculty are the 

13 intended beneficiaries of the policies disclosed in the certifi14 cation.’’. 

15 SEC. 4. FREEDOM OF ASSOCIATION AND RELIGION. 

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

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

18 amended by inserting after section 112B the following new 

19 section: 

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

21 ‘‘(a) STUDENTS’ BILL OF RIGHTS TO FURTHER PRO22 TECT SPEECH AND ASSOCIATION.— 

23 ‘‘(1) PROTECTED RIGHTS.—A covered public in24 stitution shall comply with the following require25 ments: 


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1 ‘‘(A) RECOGNIZED STUDENT ORGANIZA2 TIONS.—A covered public institution that has 

3 recognized student organizations shall comply 

4 with the following requirements: 

5 ‘‘(i) FACULTY ADVISORS.— 

6 ‘‘(I) IN GENERAL.—A covered 

7 public institution may not deny rec8 ognition to a student organization be9 cause the organization is unable to ob10 tain a faculty advisor or sponsor, if 

11 the organization meets each of the other 

12 content- and viewpoint-neutral institu13 tional requirements for such recogni14 tion. 

15 ‘‘(II) ALTERNATIVE.—An institu16 tion described in subclause (I) shall en17 sure that any policy or practice related 

18 to the recognition of a student organi19 zation— 

20 ‘‘(aa) in the case of an orga21 nization that meets each of the 

22 other content- and viewpoint-neu23 tral institutional requirements for 

24 such recognition but is unable to 

25 obtain a faculty advisor or sponVerDate Sep 11 2014 21:59 Apr 26, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H7683.RH H7683

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1 sor, provides for an alternative to 

2 any requirement that a faculty or 

3 staff member serve as the faculty 

4 advisor or sponsor as a condition 

5 for recognition of the student or6 ganization, which alternative may 

7 include— 

8 ‘‘(AA) waiver of such re9 quirement; or 

10 ‘‘(BB) the institution 

11 assigning a faculty or staff 

12 member to such organization; 

13 and 

14 ‘‘(bb) does not require a fac15 ulty or staff member of the insti16 tution assigned to serve as faculty 

17 advisor pursuant to item 

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

19 support, the organization other 

20 than by performing the purely ad21 ministrative functions required of 

22 a faculty advisor. 

23 ‘‘(ii) APPEAL OPTIONS FOR RECOGNI24 TION.— 


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1 ‘‘(I) IN GENERAL.—A covered 

2 public institution shall provide an ap3 peals process by which a student orga4 nization that has been denied recogni5 tion by the institution may appeal to 

6 an institutional appellate entity for re7 consideration. 

8 ‘‘(II) REQUIREMENTS.—The ap9 peal process shall— 

10 ‘‘(aa) require the covered 

11 public institution to provide a 

12 written explanation for the basis 

13 for the denial of recognition in a 

14 timely manner, which shall in15 clude a copy of all policies relied 

16 upon by the institution as a basis 

17 for the denial; 

18 ‘‘(bb) require the covered 

19 public institution to provide writ20 ten notice to the students seeking 

21 recognition of the appeal process 

22 and the timeline for hearing and 

23 resolving the appeal; 

24 ‘‘(cc) allow the students seek25 ing recognition to obtain outside 


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1 counsel to represent them during 

2 the appeal; and 

3 ‘‘(dd) ensure that such appel4 late entity did not participate in 

5 any prior proceeding related to 

6 the denial of recognition to the 

7 student organization. 

8 ‘‘(B) DISTRIBUTION OF FUNDS TO STUDENT

9 ORGANIZATIONS.—A covered public institution 

10 that collects a mandatory fee from students for 

11 the costs of student activities or events (or both), 

12 and provides funds generated from such student 

13 fees to one or more recognized student organiza14 tions of the institution, shall— 

15 ‘‘(i) establish and make publicly avail16 able clear, objective, content- and viewpoint17 neutral, and exhaustive standards to be 

18 used by the institution to determine— 

19 ‘‘(I) the total amount of funds 

20 made available for allocations to the 

21 recognized student organizations; and 

22 ‘‘(II) the allocations of such total 

23 amount to individual recognized stu24 dent organizations; 


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1 ‘‘(ii) ensure that allocations are made 

2 to the recognized student organizations in 

3 accordance with the standards established 

4 pursuant to clause (i); 

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

6 student organization that has been denied 

7 all or a portion of an allocation described 

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

9 in writing (which may include electronic 

10 communication) and in a timely manner, 

11 the specific reasons for such denial, copies of 

12 all policies relied upon by the institution as 

13 basis for the denial, and information of the 

14 appeals process described in clause (iv); and 

15 ‘‘(iv) provide an appeals process by 

16 which a recognized student organization 

17 that has been denied all or a portion of an 

18 allocation described in clause (ii) may ap19 peal to an institutional appellate entity for 

20 reconsideration, which appeals process— 

21 ‘‘(I) shall require the covered pub22 lic institution to provide written notice 

23 to the students seeking an allocation 

24 through the appeal process and the 


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1 timeline for hearing and resolving the 

2 appeal; 

3 ‘‘(II) allow the students seeking 

4 an allocation to obtain outside counsel 

5 to represent them during the appeal; 

6 and 

7 ‘‘(III) require the institution to 

8 ensure that such appellate entity did 

9 not participate in any prior pro10 ceeding related to such allocation. 

11 ‘‘(C) ASSESSMENT OF SECURITY FEES FOR

12 EVENTS.—A covered public institution shall es13 tablish and make publicly available clear, objec14 tive, content- and viewpoint-neutral, and exhaus15 tive standards to be used by the institution to— 

16 ‘‘(i) determine the amount of any secu17 rity fee for an event or activity organized 

18 by a student or student organization; and 

19 ‘‘(ii) ensure that a determination of 

20 such an amount may not be based, in whole 

21 or in part, on— 

22 ‘‘(I) the content of expression or 

23 viewpoint of the student or student or24 ganization; 


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1 ‘‘(II) the content of expression of 

2 the event or activity organized by the 

3 student or student organization; 

4 ‘‘(III) the content of expression or 

5 viewpoint of an invited guest of the 

6 student or student organization; or 

7 ‘‘(IV) an anticipated reaction by 

8 students or the public to the event. 

9 ‘‘(D) PROTECTIONS FOR INVITED GUESTS

10 AND SPEAKERS.—A covered public institution 

11 shall establish and make publicly available clear, 

12 objective, content- and viewpoint-neutral, and ex13 haustive standards to be used by the institution 

14 related to the safety and protection of speakers 

15 and guests who are invited to the institution by 

16 a student or student organization. 

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

18 ‘‘(A) RECOGNIZED STUDENT ORGANIZA19 TION.—The term ‘recognized student organiza20 tion’ means a student organization that has been 

21 determined by a covered public institution to 

22 meet institutional requirements to qualify for 

23 certain privileges granted by the institution, 

24 such as use of institutional venues, resources, 

25 and funding. 


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

2 fee’ means a fee charged to a student or student 

3 organization for an event or activity organized 

4 by the student or student organization on the 

5 campus of the institution that is intended to 

6 cover some or all of the costs incurred by the in7 stitution for additional security measures needed 

8 to ensure the security of the institution, students, 

9 faculty, staff, or surrounding community as a 

10 result of such event or activity. 

11 ‘‘(b) EQUAL CAMPUS ACCESS.—A covered public insti12 tution shall not deny to a religious student organization 

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

14 to other student organizations at the institution (including 

15 full access to the facilities of the institution and official rec16 ognition of the organization by the institution) because of 

17 the religious beliefs, practices, speech, leadership standards, 

18 or standards of conduct of the religious student organiza19 tion. 

20 ‘‘(c) FREEDOM OF ASSOCIATION.— 

21 ‘‘(1) UPHOLDING FREEDOM OF ASSOCIATION

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

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1 stitution’s participation in any program under title 

2 IV, shall— 

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

4 form a single-sex social organization, whether 

5 recognized by the institution or not; and 

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

7 social organization; and 

8 ‘‘(C) if selected for membership by any sin9 gle-sex social organization, be able to join, and 

10 participate in, such single-sex organization, sub11 ject to its standards for regulating its own mem12 bership, as provided under paragraph (3)(C). 

13 ‘‘(2) NONRETALIATION AGAINST STUDENTS OF

14 SINGLE-SEX SOCIAL ORGANIZATIONS.—An institution 

15 of higher education that receives funds under this Act, 

16 including through an institution’s participation in 

17 any program under title IV, shall not— 

18 ‘‘(A) take any action to require or coerce a 

19 student or prospective student who is a member 

20 or prospective member of a single-sex social orga21 nization to waive the protections provided under 

22 paragraph (1), including as a condition of en23 rolling in the institution; 

24 ‘‘(B) take any adverse action against a sin25 gle-sex social organization, or a student who is 


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1 a member or a prospective member of a single2 sex social organization, based on the membership 

3 practice of such organization limiting member4 ship only to individuals of one sex; or 

5 ‘‘(C) impose a recruitment restriction (in6 cluding a recruitment restriction relating to the 

7 schedule for membership recruitment) on a sin8 gle-sex social organization recognized by the in9 stitution, which is not imposed upon other stu10 dent organizations by the institution, unless the 

11 organization (or a council of similar organiza12 tions) and the institution have entered into a 

13 mutually agreed upon written agreement that al14 lows the institution to impose such restriction. 

15 ‘‘(3) RULES OF CONSTRUCTION.—Nothing in this 

16 subsection shall— 

17 ‘‘(A) require an institution of higher edu18 cation to officially recognize a single-sex social 

19 organization; 

20 ‘‘(B) prohibit an institution of higher edu21 cation from taking an adverse action against a 

22 student who organizes, leads, or joins a single-sex 

23 social organization— 

24 ‘‘(i) due to academic or nonacademic 

25 misconduct; or 


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

2 the organization’s purpose is directed to in3 citing or producing imminent lawless ac4 tion and likely to incite or produce such ac5 tion; or 

6 ‘‘(II) for private institutions, because 

7 the organization’s purpose is incompatible 

8 with the religious mission of the institution, 

9 so long as that adverse action is not based 

10 on the membership practice of the organiza11 tion of limiting membership only to indi12 viduals of one sex; 

13 ‘‘(C) prevent a single-sex social organization 

14 from regulating its own membership; 

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

16 institution of higher education to express an 

17 opinion (either individually or collectively) 

18 about membership in a single-sex social organi19 zation, or otherwise inhibit the academic freedom 

20 of such faculty to research, write, or publish ma21 terial about membership in such an organiza22 tion; or 

23 ‘‘(E) create enforceable rights against a sin24 gle-sex social organization or against an institu25 tion of higher education due to the decision of the 


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1 organization to deny membership to an indi2 vidual student. 

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

4 ‘‘(A) ADVERSE ACTION.—The term ‘adverse 

5 action’ includes the following actions taken by 

6 an institution of higher education with respect to 

7 a single-sex social organization or a member or 

8 prospective member of a single-sex social organi9 zation: 

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

11 censure, condemnation, formal reprimand, 

12 or any other disciplinary action, coercive 

13 action, or sanction taken by an institution 

14 of higher education or administrative unit 

15 of such institution. 

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

17 respect to an action described in clause (i) 

18 made by an official of an institution of 

19 higher education acting in their official ca20 pacity. 

21 ‘‘(iii) An action to deny participation 

22 in any education program or activity, in23 cluding the withholding of any rights, privi24 leges, or opportunities afforded other stu25 dents on campus. 


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

2 or in part, any financial assistance (includ3 ing scholarships and on-campus employ4 ment), or denying the opportunity to apply 

5 for financial assistance, a scholarship, a 

6 graduate fellowship, or on-campus employ7 ment. 

8 ‘‘(v) An action to deny or restrict ac9 cess to on-campus housing. 

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

11 endorsement, or letter of recommendation 

12 that may be required by a student’s current 

13 or future employer, a government agency, a 

14 licensing board, an institution of higher 

15 education, a scholarship program, or a 

16 graduate fellowship to which the student ap17 plies or seeks to apply. 

18 ‘‘(vii) An action to deny participation 

19 in any sports team, club, or other student 

20 organization, including a denial of any 

21 leadership position in any sports team, 

22 club, or other student organization. 

23 ‘‘(viii) An action to withdraw the in24 stitution’s official recognition of such orga25 nization. 


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

2 to certify that such student is not a member 

3 of a single-sex social organization or to dis4 close the student’s membership in a single5 sex social organization. 

6 ‘‘(x) An action to interject an institu7 tion’s own criteria into the membership 

8 practices of the organization in any manner 

9 that conflicts with the rights of such organi10 zation under title IX of the Education 

11 Amendments of 1972 (20 U.S.C. 1681 et 

12 seq.) or this subsection. 

13 ‘‘(xi) An action to impose additional 

14 requirements on advisors serving a single15 sex social organization that are not imposed 

16 on all other student organizations. 

17 ‘‘(B) SINGLE-SEX SOCIAL ORGANIZATION.— 

18 The term ‘single-sex social organization’ 

19 means— 

20 ‘‘(i) a social fraternity or sorority de21 scribed in section 501(c) of the Internal 

22 Revenue Code of 1986 which is exempt from 

23 taxation under section 501(a) of such Code, 

24 or an organization that has been histori25 cally single-sex, the active membership of 


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1 which consists primarily of students or 

2 alumni of an institution of higher edu3 cation; or 

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

5 (including an independent organization lo6 cated off-campus) that consists primarily of 

7 students or alumni of an institution of 

8 higher education. 

9 ‘‘(d) CONSTRUCTION.—Nothing in this section shall be 

10 construed to prohibit an institution of higher education 

11 from taking any adverse action (such as denying or revok12 ing recognition, funding, use of institutional venues or re13 sources, or other privileges granted by the institution) 

14 against a student organization based on the student organi15 zation having knowingly provided material support or re16 sources to an organization designated as a foreign terrorist 

17 organization pursuant to section 219 of the Immigration 

18 and Nationality Act (8 U.S.C. 1189).’’. 

19 SEC. 5. FREE SPEECH ON CAMPUS. 

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

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

22 amended by inserting after section 112C the following new 

23 section: 


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

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

3 shall— 

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

5 students, provide students attending the orientation— 

6 ‘‘(A) a written statement that— 

7 ‘‘(i) explains the rights of students 

8 under the First Amendment to the Constitu9 tion; 

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

11 the commitment of the institution to, free12 dom of expression; 

13 ‘‘(iii) explains students’ protections 

14 under title VI of the Civil Rights Act of 

15 1964 (42 U.S.C. 2000d et seq.) and the pro16 cedures for filing a discrimination claim 

17 with the Office for Civil Rights of the De18 partment of Education; and 

19 ‘‘(iv) includes assurances that students, 

20 and individuals invited by students to 

21 speak at the institution, will not be treated 

22 in a manner that violates the freedom of ex23 pression of such students or individuals; 

24 and 

25 ‘‘(B) educational programming (including 

26 online resources) that describes their free speech 


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1 rights and responsibilities under the First 

2 Amendment to the Constitution; and 

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

4 institution the statement described in paragraph 

5 (1)(A). 

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

7 ‘‘(1) DEFINITION OF EXPRESSIVE ACTIVITIES.— 

8 In this subsection, the term ‘expressive activity’— 

9 ‘‘(A) includes— 

10 ‘‘(i) peacefully assembling, protesting, 

11 speaking, or listening; 

12 ‘‘(ii) distributing literature; 

13 ‘‘(iii) carrying a sign; 

14 ‘‘(iv) circulating a petition; or 

15 ‘‘(v) other expressive activities guaran16 teed under the First Amendment to the Con17 stitution; 

18 ‘‘(B) applies equally to religious expression 

19 as it does to nonreligious expression; and 

20 ‘‘(C) does not include unprotected speech (as 

21 defined by the precedents of the Supreme Court 

22 of the United States). 

23 ‘‘(2) EXPRESSIVE ACTIVITIES AT AN INSTITU24 TION.— 


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1 ‘‘(A) IN GENERAL.—A covered public insti2 tution may not prohibit, subject to subparagraph 

3 (B), a person from freely engaging in non4 commercial expressive activity in a generally ac5 cessible area on the institution’s campus if the 

6 person’s conduct is lawful. The publicly acces7 sible outdoor areas of campuses of public institu8 tions of higher education shall be regulated pur9 suant to rules applicable to traditional public fo10 rums. 

11 ‘‘(B) RESTRICTIONS.—A covered public in12 stitution may not maintain or enforce time, 

13 place, or manner restrictions on an expressive 

14 activity in a generally accessible area of the in15 stitution’s campus unless the restriction— 

16 ‘‘(i) is narrowly tailored in further17 ance of a significant governmental interest; 

18 ‘‘(ii) is based on published, content19 neutral, and viewpoint-neutral criteria; 

20 ‘‘(iii) leaves open ample alternative 

21 channels for communication; and 

22 ‘‘(iv) provides for spontaneous assem23 bly and distribution of literature. 

24 ‘‘(C) APPLICATION.—The protections pro25 vided under subparagraph (A) do not apply to 


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1 expressive activity in an area on an institution’s 

2 campus that is not a generally accessible area. 

3 ‘‘(D) NONAPPLICATION TO SERVICE ACAD4 EMIES.—This subsection shall not apply to an 

5 institution of higher education whose primary 

6 purpose is the education of individuals for the 

7 military services of the United States, or the 

8 merchant marine. 

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

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

11 may not consider, require, or discriminate on the 

12 basis of a political test in the admission, appoint13 ment, hiring, employment, or promotion of any cov14 ered individual, or in the granting of tenure to any 

15 covered individual. 

16 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

17 subsection shall be construed— 

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

19 education whose primary purpose is the edu20 cation of individuals for the military services of 

21 the United States, or the merchant marine, from 

22 requiring an applicant, student, or employee to 

23 take an oath to uphold the Constitution of the 

24 United States; 


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

2 education from requiring a student, faculty 

3 member, or employee to comply with Federal or 

4 State antidiscrimination laws or from taking ac5 tion against a student, faculty member, or em6 ployee for violations of Federal or State anti-dis7 crimination laws, as applicable; 

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

9 education from evaluating a prospective student, 

10 an employee, or a prospective employee based on 

11 their knowingly providing material support or 

12 resources to an organization designated as a for13 eign terrorist organization pursuant to section 

14 219 of the Immigration and Nationality Act (8 

15 U.S.C. 1189); 

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

17 education from considering the subject-matter 

18 competency including the research and creative 

19 works, of any candidate for a faculty position or 

20 faculty member considered for promotion when 

21 the subject matter is germane to their given field 

22 of scholarship; or 

23 ‘‘(E) to apply to activities of registered stu24 dent organizations. 

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


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1 ‘‘(A) COVERED INDIVIDUAL.—The term ‘cov2 ered individual’ means, with respect to an insti3 tution of higher education that is a public insti4 tution— 

5 ‘‘(i) a prospective student who has sub6 mitted an application to attend such insti7 tution; 

8 ‘‘(ii) a student who attends such insti9 tution; 

10 ‘‘(iii) a prospective employee who has 

11 submitted an application to work at such 

12 institution; 

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

14 institution; 

15 ‘‘(v) a prospective faculty member who 

16 has submitted an application to work at 

17 such institution; and 

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

19 such institution. 

20 ‘‘(B) MATERIAL SUPPORT OR RE21 SOURCES.—The term ‘material support or re22 sources’ has the meaning given that term in sec23 tion 2339A of title 18, United States Code (in24 cluding the definitions of ‘training’ and ‘expert 

25 advice or assistance’ in that section). 


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

2 test’ means a method of compelling or soliciting 

3 an applicant for enrollment or employment, stu4 dent, or employee of an institution of higher edu5 cation to identify commitment to or make a 

6 statement of personal belief in support of any 

7 ideology or movement that— 

8 ‘‘(i) supports or opposes a specific par9 tisan or political set of beliefs; 

10 ‘‘(ii) supports or opposes a particular 

11 viewpoint on a social or political issue; or 

12 ‘‘(iii) promotes the disparate treatment 

13 of any individual or group of individuals 

14 on the basis of race, color, or national ori15 gin, including— 

16 ‘‘(I) any initiative or formulation 

17 of diversity, equity, and inclusion be18 yond upholding existing Federal law; 

19 or 

20 ‘‘(II) any theory or practice that 

21 holds that systems or institutions up22 holding existing Federal law are racist, 

23 oppressive, or otherwise unjust.’’. 


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1 SEC. 6. ENFORCEMENT. 

2 (a) PROGRAM PARTICIPATION AGREEMENT.—Section 

3 487(a) of the Higher Education Act of 1965 (20 U.S.C. 

4 1094(a)) is amended by adding at the end the following: 

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

6 public institution, the institution will comply with 

7 all the requirements of sections 112B through 112D. 

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

9 public institution, the institution will comply with 

10 sections 112B and 112C(c). 

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

12 section 112B or 112C(c) shall— 

13 ‘‘(i) be ineligible to participate in the pro14 grams authorized by this title for a period of not 

15 less than 1 award year; and 

16 ‘‘(ii) in order to regain eligibility to par17 ticipate in such programs, demonstrate compli18 ance with all requirements of such section for not 

19 less than one award year after the award year 

20 in which such institution became ineligible.’’. 

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

22 1965 (20 U.S.C. 1001 et seq.), as amended by section 5 of 

23 this Act, is further amended by inserting after section 112D 

24 the following new section: 

25 ‘‘SEC. 112E. ENFORCEMENT. 

26 ‘‘(a) CAUSE OF ACTION.— 


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

2 available appeals under section 112C(a), an aggrieved 

3 individual who, or an aggrieved organization that, is 

4 harmed by the maintenance of a policy or practice by 

5 a covered public institution that is in violation of a 

6 requirement described in section 112B, 112C, or 112D 

7 may bring a civil action in a Federal court for ap8 propriate relief. 

9 ‘‘(2) APPROPRIATE RELIEF.—For the purposes of 

10 this subsection, appropriate relief includes— 

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

12 and 

13 ‘‘(B) awarding a prevailing plaintiff— 

14 ‘‘(i) compensatory damages; 

15 ‘‘(ii) reasonable court costs; and 

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

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

18 under this subsection may not be commenced later 

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

20 purposes of calculating the two-year limitation pe21 riod, each day that the violation of a requirement de22 scribed in section 112B, 112C, or 112D persists, and 

23 each day that a policy in violation of a requirement 

24 described in section 112B, 112C, or 112D remains in 


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1 effect, shall constitute a new day that the cause of ac2 tion has accrued. 

3 ‘‘(b) NONDEFAULT, FINAL JUDGMENT.—In the case of 

4 a court’s nondefault, final judgment in a civil action 

5 brought under subsection (a) that a covered public institu6 tion is in violation of a requirement described in section 

7 112B, 112C, or 112D, such covered public institution 

8 shall— 

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

10 which the court makes such a nondefault, final judg11 ment, notify the Secretary of such judgment and sub12 mit to the Secretary a copy of the nondefault, final 

13 judgment; and 

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

15 which the court makes such a nondefault, final judg16 ment, submit to the Secretary a report that— 

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

18 practice, or procedure that is in violation of the 

19 requirement described in section 112B, 112C, or 

20 112D is no longer in use; and 

21 ‘‘(B) provides evidence to support such cer22 tification. 

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

24 covered public institution that does not notify the Secretary 

25 as required under subsection (b)(1) or submit the report reVerDate Sep 11 2014 21:59 Apr 26, 2024 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\H7683.RH H7683

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1 quired under subsection (b)(2), the Secretary shall revoke 

2 the eligibility of such institution to participate in a pro3 gram authorized under title IV for each award year fol4 lowing the conclusion of the award year in which a court 

5 made a nondefault, final judgment in a civil action brought 

6 under subsection (a) that the institution is in violation of 

7 a requirement described in section 112B, 112C, or 112D. 

8 ‘‘(d) RESTORATION OF ELIGIBILITY.— 

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

10 that loses eligibility under subsection (c) to partici11 pate in a program authorized under title IV may seek 

12 to restore such eligibility by submitting to the Sec13 retary the report described in subsection (b)(2). 

14 ‘‘(2) DETERMINATION BY THE SECRETARY.—Not 

15 later than 90 days after a covered public institution 

16 submits a report under paragraph (1), the Secretary 

17 shall review such report and make a determination 

18 with respect to whether such report contained suffi19 cient evidence to demonstrate that such institution is 

20 no longer in violation of a requirement described in 

21 section 112B, 112C, or 112D. 

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

23 determination under paragraph (2) that the covered 

24 public institution is no longer in violation of a re25 quirement described in section 112B, 112C, or 112D, 


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1 the Secretary shall restore the eligibility of such insti2 tution to participate in a program authorized under 

3 title IV for each award year following the conclusion 

4 of the award year in which such determination is 

5 made. 

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

7 after the date of the enactment of this section, and on an 

8 annual basis thereafter, the Secretary shall submit to the 

9 Committee on Education and the Workforce of the House 

10 of Representatives and the Senate Committee on Health, 

11 Education, Labor, and Pensions a report that includes— 

12 ‘‘(1) a compilation of— 

13 ‘‘(A) the notifications of violation received 

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

15 year for which such report is being submitted; 

16 and 

17 ‘‘(B) the reports submitted to the Secretary 

18 under subsection (b)(2) for such year; and 

19 ‘‘(2) any action taken by the Secretary to revoke 

20 or restore eligibility under subsections (c) and (d) for 

21 such year. 

22 ‘‘(f) VOLUNTARY WAIVER OF STATE AND LOCAL SOV23 EREIGN IMMUNITY AS CONDITION OF RECEIVING FEDERAL

24 FUNDING.—The receipt, on or after the date of enactment 

25 of this section, of any Federal funding under title IV of 


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1 this Act by a State or political subdivision of a State (in2 cluding any municipal or county government) is deemed 

3 to constitute a clear and unequivocal expression of, and 

4 agreement to, waiving sovereign immunity under the 11th 

5 Amendment to the Constitution or otherwise, to a civil ac6 tion for injunctive relief, compensatory damages, court 

7 costs, and attorney’s fees under this section. 

8 ‘‘(g) DEFINITION.—In this section, the term ‘non9 default, final judgment’ means a final judgment by a court 

10 for a civil action brought under subsection (a) that a cov11 ered public institution is in violation of a requirement de12 scribed in section 112B, 112C, or 112D that the covered 

13 public institution chooses not to appeal or that is not sub14 ject to further appeal.’’. 


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Union Calendar No. 387 

118TH CONGRESS 

2D SESSION H. R. 7683 

[Report No. 118–468] 

A BILL 

To amend the Higher Education Act of 1965 to reother purposes. and adhere to principles of free speech, and for quire institutions of higher education to adopt 

APRIL 26, 2024 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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