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 Com-
mittee 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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Respecting the First 
Amendment on Campus Act’’. 
SEC. 2. SENSE OF CONGRESS. 
The Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.) is amended by inserting after section 112 the fol-
lowing new section: 
‘‘SEC. 112A. SENSE OF CONGRESS; CONSTRUCTION; DEFINI-
TION. 
‘‘(a) SENSE OF CONGRESS.— 
‘‘(1) ADOPTION OF CHICAGO PRINCIPLES.—The 
Congress— 
‘‘(A) recognizes that free expression, open 
inquiry, and the honest exchange of ideas are 
fundamental to higher education; 
‘‘(B) acknowledges the profound contribu-
tion of the Chicago Principles to the freedom of 
speech and expression; and 
‘‘(C) calls on nonsectarian institutions of 
higher education to adopt the Chicago Principles 
or substantially similar principles with respect 
to institutional mission that emphasizes a com-
mitment to freedom of speech and expression on 
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university campuses and to develop and consist-
ently implement policies accordingly. 
‘‘(2) POLITICAL LITMUS TESTS.—The Congress— 
‘‘(A) condemns public institutions of higher 
education for conditioning admission to any stu-
dent applicant, or the hiring, reappointment, or 
promotion of any faculty member, on the appli-
cant or faculty member pledging allegiance to or 
making a statement of personal support for or 
opposition to any political ideology or move-
ment, including a pledge or statement regarding 
diversity, equity, and inclusion, or related top-
ics; and 
‘‘(B) discourages any institution from re-
questing or requiring any such pledge or state-
ment from an applicant or faculty member, as 
such actions are antithetical to the freedom of 
speech protected by the First Amendment to the 
Constitution. 
‘‘(b) CONSTRUCTION.—Nothing in sections 112B 
through 112E shall be construed to infringe upon, or other-
wise impact, the protections provided to individuals under 
titles VI and VII of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.). 
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‘‘(c) DEFINITION.—For purposes of sections 112C, 
112D, and 112E, the term ‘covered public institution’ 
means an institution of higher education that is— 
‘‘(1) a public institution; and 
‘‘(2) participating in a program authorized 
under title IV.’’. 
SEC. 3. DISCLOSURE OF FREE SPEECH POLICIES. 
The Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.), as amended by section 2 of this Act, is further 
amended by inserting after section 112A the following new 
section: 
‘‘SEC. 112B. DISCLOSURE OF POLICIES RELATED TO FREE-
DOM OF SPEECH, ASSOCIATION, AND RELI-
GION. 
‘‘(a) IN GENERAL.—No institution of higher education 
shall be eligible to participate in any program under title 
IV unless the institution certifies to the Secretary that the 
institution has annually disclosed to current and prospec-
tive students and faculty— 
‘‘(1) any policies held by the institutions related 
to— 
‘‘(A) speech on campus, including policies 
limiting— 
‘‘(i) the time when such speech may 
occur; 
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‘‘(ii) the place where such speech may 
occur; or 
‘‘(iii) the manner in which such speech 
may occur; 
‘‘(B) freedom of association, if applicable; 
and 
‘‘(C) freedom of religion, if applicable; and 
‘‘(2) the right to a cause of action under section 
112E, if the institution is a public institution. 
‘‘(b) INTENDED BENEFICIARIES.—The certification 
specified in subsection (a) shall include an acknowledgment 
from the institution that the students and faculty are the 
intended beneficiaries of the policies disclosed in the certifi-
cation.’’. 
SEC. 4. FREEDOM OF ASSOCIATION AND RELIGION. 
The Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.), as amended by section 3 of this Act, is further 
amended by inserting after section 112B the following new 
section: 
‘‘SEC. 112C. FREEDOM OF ASSOCIATION AND RELIGION. 
‘‘(a) STUDENTS’ BILL OF RIGHTS TO FURTHER PRO-
TECT SPEECH AND ASSOCIATION.— 
‘‘(1) PROTECTED RIGHTS.—A covered public in-
stitution shall comply with the following require-
ments: 
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‘‘(A) RECOGNIZED
STUDENT
ORGANIZA-
TIONS.—A covered public institution that has 
recognized student organizations shall comply 
with the following requirements: 
‘‘(i) FACULTY ADVISORS.— 
‘‘(I) IN
GENERAL.—A covered 
public institution may not deny rec-
ognition to a student organization be-
cause the organization is unable to ob-
tain a faculty advisor or sponsor, if 
the organization meets each of the other 
content- and viewpoint-neutral institu-
tional requirements for such recogni-
tion. 
‘‘(II) ALTERNATIVE.—An institu-
tion described in subclause (I) shall en-
sure that any policy or practice related 
to the recognition of a student organi-
zation— 
‘‘(aa) in the case of an orga-
nization that meets each of the 
other content- and viewpoint-neu-
tral institutional requirements for 
such recognition but is unable to 
obtain a faculty advisor or spon-
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sor, provides for an alternative to 
any requirement that a faculty or 
staff member serve as the faculty 
advisor or sponsor as a condition 
for recognition of the student or-
ganization, which alternative may 
include— 
‘‘(AA) waiver of such re-
quirement; or 
‘‘(BB) the institution 
assigning a faculty or staff 
member to such organization; 
and 
‘‘(bb) does not require a fac-
ulty or staff member of the insti-
tution assigned to serve as faculty 
advisor 
pursuant 
to 
item 
(aa)(BB) to participate in, or 
support, the organization other 
than by performing the purely ad-
ministrative functions required of 
a faculty advisor. 
‘‘(ii) APPEAL OPTIONS FOR RECOGNI-
TION.— 
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‘‘(I) IN
GENERAL.—A covered 
public institution shall provide an ap-
peals process by which a student orga-
nization that has been denied recogni-
tion by the institution may appeal to 
an institutional appellate entity for re-
consideration. 
‘‘(II) REQUIREMENTS.—The ap-
peal process shall— 
‘‘(aa) require the covered 
public institution to provide a 
written explanation for the basis 
for the denial of recognition in a 
timely manner, which shall in-
clude a copy of all policies relied 
upon by the institution as a basis 
for the denial; 
‘‘(bb) require the covered 
public institution to provide writ-
ten notice to the students seeking 
recognition of the appeal process 
and the timeline for hearing and 
resolving the appeal; 
‘‘(cc) allow the students seek-
ing recognition to obtain outside 
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counsel to represent them during 
the appeal; and 
‘‘(dd) ensure that such appel-
late entity did not participate in 
any prior proceeding related to 
the denial of recognition to the 
student organization. 
‘‘(B) DISTRIBUTION OF FUNDS TO STUDENT 
ORGANIZATIONS.—A covered public institution 
that collects a mandatory fee from students for 
the costs of student activities or events (or both), 
and provides funds generated from such student 
fees to one or more recognized student organiza-
tions of the institution, shall— 
‘‘(i) establish and make publicly avail-
able clear, objective, content- and viewpoint- 
neutral, and exhaustive standards to be 
used by the institution to determine— 
‘‘(I) the total amount of funds 
made available for allocations to the 
recognized student organizations; and 
‘‘(II) the allocations of such total 
amount to individual recognized stu-
dent organizations; 
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‘‘(ii) ensure that allocations are made 
to the recognized student organizations in 
accordance with the standards established 
pursuant to clause (i); 
‘‘(iii) upon the request of a recognized 
student organization that has been denied 
all or a portion of an allocation described 
in clause (ii), provide to the organization, 
in writing (which may include electronic 
communication) and in a timely manner, 
the specific reasons for such denial, copies of 
all policies relied upon by the institution as 
basis for the denial, and information of the 
appeals process described in clause (iv); and 
‘‘(iv) provide an appeals process by 
which a recognized student organization 
that has been denied all or a portion of an 
allocation described in clause (ii) may ap-
peal to an institutional appellate entity for 
reconsideration, which appeals process— 
‘‘(I) shall require the covered pub-
lic institution to provide written notice 
to the students seeking an allocation 
through the appeal process and the 
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timeline for hearing and resolving the 
appeal; 
‘‘(II) allow the students seeking 
an allocation to obtain outside counsel 
to represent them during the appeal; 
and 
‘‘(III) require the institution to 
ensure that such appellate entity did 
not participate in any prior pro-
ceeding related to such allocation. 
‘‘(C) ASSESSMENT OF SECURITY FEES FOR 
EVENTS.—A covered public institution shall es-
tablish and make publicly available clear, objec-
tive, content- and viewpoint-neutral, and exhaus-
tive standards to be used by the institution to— 
‘‘(i) determine the amount of any secu-
rity fee for an event or activity organized 
by a student or student organization; and 
‘‘(ii) ensure that a determination of 
such an amount may not be based, in whole 
or in part, on— 
‘‘(I) the content of expression or 
viewpoint of the student or student or-
ganization; 
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‘‘(II) the content of expression of 
the event or activity organized by the 
student or student organization; 
‘‘(III) the content of expression or 
viewpoint of an invited guest of the 
student or student organization; or 
‘‘(IV) an anticipated reaction by 
students or the public to the event. 
‘‘(D) PROTECTIONS
FOR
INVITED
GUESTS 
AND
SPEAKERS.—A covered public institution 
shall establish and make publicly available clear, 
objective, content- and viewpoint-neutral, and ex-
haustive standards to be used by the institution 
related to the safety and protection of speakers 
and guests who are invited to the institution by 
a student or student organization. 
‘‘(2) DEFINITIONS.—In this subsection: 
‘‘(A) RECOGNIZED
STUDENT
ORGANIZA-
TION.—The term ‘recognized student organiza-
tion’ means a student organization that has been 
determined by a covered public institution to 
meet institutional requirements to qualify for 
certain privileges granted by the institution, 
such as use of institutional venues, resources, 
and funding. 
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‘‘(B) SECURITY
FEE.—The term ‘security 
fee’ means a fee charged to a student or student 
organization for an event or activity organized 
by the student or student organization on the 
campus of the institution that is intended to 
cover some or all of the costs incurred by the in-
stitution for additional security measures needed 
to ensure the security of the institution, students, 
faculty, staff, or surrounding community as a 
result of such event or activity. 
‘‘(b) EQUAL CAMPUS ACCESS.—A covered public insti-
tution shall not deny to a religious student organization 
any right, benefit, or privilege that is otherwise afforded 
to other student organizations at the institution (including 
full access to the facilities of the institution and official rec-
ognition of the organization by the institution) because of 
the religious beliefs, practices, speech, leadership standards, 
or standards of conduct of the religious student organiza-
tion. 
‘‘(c) FREEDOM OF ASSOCIATION.— 
‘‘(1) UPHOLDING
FREEDOM
OF
ASSOCIATION 
PROTECTIONS.—Any student (or group of students) 
enrolled in an institution of higher education that re-
ceives funds under this Act, including through an in-
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stitution’s participation in any program under title 
IV, shall— 
‘‘(A) subject to paragraph (3)(A), be able to 
form a single-sex social organization, whether 
recognized by the institution or not; and 
‘‘(B) be able to apply to join any single-sex 
social organization; and 
‘‘(C) if selected for membership by any sin-
gle-sex social organization, be able to join, and 
participate in, such single-sex organization, sub-
ject to its standards for regulating its own mem-
bership, as provided under paragraph (3)(C). 
‘‘(2) NONRETALIATION
AGAINST
STUDENTS
OF 
SINGLE-SEX SOCIAL ORGANIZATIONS.—An institution 
of higher education that receives funds under this Act, 
including through an institution’s participation in 
any program under title IV, shall not— 
‘‘(A) take any action to require or coerce a 
student or prospective student who is a member 
or prospective member of a single-sex social orga-
nization to waive the protections provided under 
paragraph (1), including as a condition of en-
rolling in the institution; 
‘‘(B) take any adverse action against a sin-
gle-sex social organization, or a student who is 
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a member or a prospective member of a single- 
sex social organization, based on the membership 
practice of such organization limiting member-
ship only to individuals of one sex; or 
‘‘(C) impose a recruitment restriction (in-
cluding a recruitment restriction relating to the 
schedule for membership recruitment) on a sin-
gle-sex social organization recognized by the in-
stitution, which is not imposed upon other stu-
dent organizations by the institution, unless the 
organization (or a council of similar organiza-
tions) and the institution have entered into a 
mutually agreed upon written agreement that al-
lows the institution to impose such restriction. 
‘‘(3) RULES OF CONSTRUCTION.—Nothing in this 
subsection shall— 
‘‘(A) require an institution of higher edu-
cation to officially recognize a single-sex social 
organization; 
‘‘(B) prohibit an institution of higher edu-
cation from taking an adverse action against a 
student who organizes, leads, or joins a single-sex 
social organization— 
‘‘(i) due to academic or nonacademic 
misconduct; or 
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‘‘(ii)(I) for public institutions, because 
the organization’s purpose is directed to in-
citing or producing imminent lawless ac-
tion and likely to incite or produce such ac-
tion; or 
‘‘(II) for private institutions, because 
the organization’s purpose is incompatible 
with the religious mission of the institution, 
so long as that adverse action is not based 
on the membership practice of the organiza-
tion of limiting membership only to indi-
viduals of one sex; 
‘‘(C) prevent a single-sex social organization 
from regulating its own membership; 
‘‘(D) inhibit the ability of the faculty of an 
institution of higher education to express an 
opinion (either individually or collectively) 
about membership in a single-sex social organi-
zation, or otherwise inhibit the academic freedom 
of such faculty to research, write, or publish ma-
terial about membership in such an organiza-
tion; or 
‘‘(E) create enforceable rights against a sin-
gle-sex social organization or against an institu-
tion of higher education due to the decision of the 
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organization to deny membership to an indi-
vidual student. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) ADVERSE ACTION.—The term ‘adverse 
action’ includes the following actions taken by 
an institution of higher education with respect to 
a single-sex social organization or a member or 
prospective member of a single-sex social organi-
zation: 
‘‘(i) Expulsion, suspension, probation, 
censure, condemnation, formal reprimand, 
or any other disciplinary action, coercive 
action, or sanction taken by an institution 
of higher education or administrative unit 
of such institution. 
‘‘(ii) An oral or written warning with 
respect to an action described in clause (i) 
made by an official of an institution of 
higher education acting in their official ca-
pacity. 
‘‘(iii) An action to deny participation 
in any education program or activity, in-
cluding the withholding of any rights, privi-
leges, or opportunities afforded other stu-
dents on campus. 
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‘‘(iv) An action to withhold, in whole 
or in part, any financial assistance (includ-
ing scholarships and on-campus employ-
ment), or denying the opportunity to apply 
for financial assistance, a scholarship, a 
graduate fellowship, or on-campus employ-
ment. 
‘‘(v) An action to deny or restrict ac-
cess to on-campus housing. 
‘‘(vi) An act to deny any certification, 
endorsement, or letter of recommendation 
that may be required by a student’s current 
or future employer, a government agency, a 
licensing board, an institution of higher 
education, a scholarship program, or a 
graduate fellowship to which the student ap-
plies or seeks to apply. 
‘‘(vii) An action to deny participation 
in any sports team, club, or other student 
organization, including a denial of any 
leadership position in any sports team, 
club, or other student organization. 
‘‘(viii) An action to withdraw the in-
stitution’s official recognition of such orga-
nization. 
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‘‘(ix) An action to require any student 
to certify that such student is not a member 
of a single-sex social organization or to dis-
close the student’s membership in a single- 
sex social organization. 
‘‘(x) An action to interject an institu-
tion’s own criteria into the membership 
practices of the organization in any manner 
that conflicts with the rights of such organi-
zation under title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et 
seq.) or this subsection. 
‘‘(xi) An action to impose additional 
requirements on advisors serving a single- 
sex social organization that are not imposed 
on all other student organizations. 
‘‘(B) SINGLE-SEX SOCIAL ORGANIZATION.— 
The 
term 
‘single-sex 
social 
organization’ 
means— 
‘‘(i) a social fraternity or sorority de-
scribed in section 501(c) of the Internal 
Revenue Code of 1986 which is exempt from 
taxation under section 501(a) of such Code, 
or an organization that has been histori-
cally single-sex, the active membership of 
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which consists primarily of students or 
alumni of an institution of higher edu-
cation; or 
‘‘(ii) a single-sex private social club 
(including an independent organization lo-
cated off-campus) that consists primarily of 
students or alumni of an institution of 
higher education. 
‘‘(d) CONSTRUCTION.—Nothing in this section shall be 
construed to prohibit an institution of higher education 
from taking any adverse action (such as denying or revok-
ing recognition, funding, use of institutional venues or re-
sources, or other privileges granted by the institution) 
against a student organization based on the student organi-
zation having knowingly provided material support or re-
sources to an organization designated as a foreign terrorist 
organization pursuant to section 219 of the Immigration 
and Nationality Act (8 U.S.C. 1189).’’. 
SEC. 5. FREE SPEECH ON CAMPUS. 
The Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.), as amended by section 4 of this Act, is further 
amended by inserting after section 112C the following new 
section: 
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‘‘SEC. 112D. FREE SPEECH ON CAMPUS. 
‘‘(a) IN
GENERAL.—A covered public institution 
shall— 
‘‘(1) at each orientation for new and transfer 
students, provide students attending the orientation— 
‘‘(A) a written statement that— 
‘‘(i) explains the rights of students 
under the First Amendment to the Constitu-
tion; 
‘‘(ii) affirms the importance of, and 
the commitment of the institution to, free-
dom of expression; 
‘‘(iii) explains students’ protections 
under title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d et seq.) and the pro-
cedures for filing a discrimination claim 
with the Office for Civil Rights of the De-
partment of Education; and 
‘‘(iv) includes assurances that students, 
and individuals invited by students to 
speak at the institution, will not be treated 
in a manner that violates the freedom of ex-
pression of such students or individuals; 
and 
‘‘(B) educational programming (including 
online resources) that describes their free speech 
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rights and responsibilities under the First 
Amendment to the Constitution; and 
‘‘(2) post on the publicly accessible website of the 
institution the statement described in paragraph 
(1)(A). 
‘‘(b) CAMPUS FREE SPEECH AND RESTORATION.— 
‘‘(1) DEFINITION OF EXPRESSIVE ACTIVITIES.— 
In this subsection, the term ‘expressive activity’— 
‘‘(A) includes— 
‘‘(i) peacefully assembling, protesting, 
speaking, or listening; 
‘‘(ii) distributing literature; 
‘‘(iii) carrying a sign; 
‘‘(iv) circulating a petition; or 
‘‘(v) other expressive activities guaran-
teed under the First Amendment to the Con-
stitution; 
‘‘(B) applies equally to religious expression 
as it does to nonreligious expression; and 
‘‘(C) does not include unprotected speech (as 
defined by the precedents of the Supreme Court 
of the United States). 
‘‘(2) EXPRESSIVE
ACTIVITIES
AT
AN
INSTITU-
TION.— 
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‘‘(A) IN GENERAL.—A covered public insti-
tution may not prohibit, subject to subparagraph 
(B), a person from freely engaging in non-
commercial expressive activity in a generally ac-
cessible area on the institution’s campus if the 
person’s conduct is lawful. The publicly acces-
sible outdoor areas of campuses of public institu-
tions of higher education shall be regulated pur-
suant to rules applicable to traditional public fo-
rums. 
‘‘(B) RESTRICTIONS.—A covered public in-
stitution may not maintain or enforce time, 
place, or manner restrictions on an expressive 
activity in a generally accessible area of the in-
stitution’s campus unless the restriction— 
‘‘(i) is narrowly tailored in further-
ance of a significant governmental interest; 
‘‘(ii) is based on published, content- 
neutral, and viewpoint-neutral criteria; 
‘‘(iii) leaves open ample alternative 
channels for communication; and 
‘‘(iv) provides for spontaneous assem-
bly and distribution of literature. 
‘‘(C) APPLICATION.—The protections pro-
vided under subparagraph (A) do not apply to 
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expressive activity in an area on an institution’s 
campus that is not a generally accessible area. 
‘‘(D) NONAPPLICATION TO SERVICE ACAD-
EMIES.—This subsection shall not apply to an 
institution of higher education whose primary 
purpose is the education of individuals for the 
military services of the United States, or the 
merchant marine. 
‘‘(c) PROHIBITION ON USE OF POLITICAL TESTS.— 
‘‘(1) IN GENERAL.—A covered public institution 
may not consider, require, or discriminate on the 
basis of a political test in the admission, appoint-
ment, hiring, employment, or promotion of any cov-
ered individual, or in the granting of tenure to any 
covered individual. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed— 
‘‘(A) to prohibit an institution of higher 
education whose primary purpose is the edu-
cation of individuals for the military services of 
the United States, or the merchant marine, from 
requiring an applicant, student, or employee to 
take an oath to uphold the Constitution of the 
United States; 
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‘‘(B) to prohibit an institution of higher 
education from requiring a student, faculty 
member, or employee to comply with Federal or 
State antidiscrimination laws or from taking ac-
tion against a student, faculty member, or em-
ployee for violations of Federal or State anti-dis-
crimination laws, as applicable; 
‘‘(C) to prohibit an institution of higher 
education from evaluating a prospective student, 
an employee, or a prospective employee based on 
their knowingly providing material support or 
resources to an organization designated as a for-
eign terrorist organization pursuant to section 
219 of the Immigration and Nationality Act (8 
U.S.C. 1189); 
‘‘(D) to prohibit an institution of higher 
education from considering the subject-matter 
competency including the research and creative 
works, of any candidate for a faculty position or 
faculty member considered for promotion when 
the subject matter is germane to their given field 
of scholarship; or 
‘‘(E) to apply to activities of registered stu-
dent organizations. 
‘‘(3) DEFINITIONS.—In this subsection: 
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‘‘(A) COVERED INDIVIDUAL.—The term ‘cov-
ered individual’ means, with respect to an insti-
tution of higher education that is a public insti-
tution— 
‘‘(i) a prospective student who has sub-
mitted an application to attend such insti-
tution; 
‘‘(ii) a student who attends such insti-
tution; 
‘‘(iii) a prospective employee who has 
submitted an application to work at such 
institution; 
‘‘(iv) an employee who works at such 
institution; 
‘‘(v) a prospective faculty member who 
has submitted an application to work at 
such institution; and 
‘‘(vi) a faculty member who works at 
such institution. 
‘‘(B) 
MATERIAL
SUPPORT
OR
RE-
SOURCES.—The term ‘material support or re-
sources’ has the meaning given that term in sec-
tion 2339A of title 18, United States Code (in-
cluding the definitions of ‘training’ and ‘expert 
advice or assistance’ in that section). 
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‘‘(C) POLITICAL TEST.—The term ‘political 
test’ means a method of compelling or soliciting 
an applicant for enrollment or employment, stu-
dent, or employee of an institution of higher edu-
cation to identify commitment to or make a 
statement of personal belief in support of any 
ideology or movement that— 
‘‘(i) supports or opposes a specific par-
tisan or political set of beliefs; 
‘‘(ii) supports or opposes a particular 
viewpoint on a social or political issue; or 
‘‘(iii) promotes the disparate treatment 
of any individual or group of individuals 
on the basis of race, color, or national ori-
gin, including— 
‘‘(I) any initiative or formulation 
of diversity, equity, and inclusion be-
yond upholding existing Federal law; 
or 
‘‘(II) any theory or practice that 
holds that systems or institutions up-
holding existing Federal law are racist, 
oppressive, or otherwise unjust.’’. 
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SEC. 6. ENFORCEMENT. 
(a) 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)(A) In the case of an institution that is a 
public institution, the institution will comply with 
all the requirements of sections 112B through 112D. 
‘‘(B) In the case of an institution that is not a 
public institution, the institution will comply with 
sections 112B and 112C(c). 
‘‘(C) An institution that fails to comply with 
section 112B or 112C(c) shall— 
‘‘(i) be ineligible to participate in the pro-
grams authorized by this title for a period of not 
less than 1 award year; and 
‘‘(ii) in order to regain eligibility to par-
ticipate in such programs, demonstrate compli-
ance with all requirements of such section for not 
less than one award year after the award year 
in which such institution became ineligible.’’. 
(b) CAUSE OF ACTION.—The Higher Education Act of 
1965 (20 U.S.C. 1001 et seq.), as amended by section 5 of 
this Act, is further amended by inserting after section 112D 
the following new section: 
‘‘SEC. 112E. ENFORCEMENT. 
‘‘(a) CAUSE OF ACTION.— 
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‘‘(1) CIVIL
ACTION.—After exhaustion of any 
available appeals under section 112C(a), an aggrieved 
individual who, or an aggrieved organization that, is 
harmed by the maintenance of a policy or practice by 
a covered public institution that is in violation of a 
requirement described in section 112B, 112C, or 112D 
may bring a civil action in a Federal court for ap-
propriate relief. 
‘‘(2) APPROPRIATE RELIEF.—For the purposes of 
this subsection, appropriate relief includes— 
‘‘(A) a temporary or permanent injunction; 
and 
‘‘(B) awarding a prevailing plaintiff— 
‘‘(i) compensatory damages; 
‘‘(ii) reasonable court costs; and 
‘‘(iii) reasonable attorney’s fees. 
‘‘(3) STATUTE OF LIMITATIONS.—A civil action 
under this subsection may not be commenced later 
than 2 years after the cause of action accrues. For 
purposes of calculating the two-year limitation pe-
riod, each day that the violation of a requirement de-
scribed in section 112B, 112C, or 112D persists, and 
each day that a policy in violation of a requirement 
described in section 112B, 112C, or 112D remains in 
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effect, shall constitute a new day that the cause of ac-
tion has accrued. 
‘‘(b) NONDEFAULT, FINAL JUDGMENT.—In the case of 
a court’s nondefault, final judgment in a civil action 
brought under subsection (a) that a covered public institu-
tion is in violation of a requirement described in section 
112B, 112C, or 112D, such covered public institution 
shall— 
‘‘(1) not later than 7 days after the date on 
which the court makes such a nondefault, final judg-
ment, notify the Secretary of such judgment and sub-
mit to the Secretary a copy of the nondefault, final 
judgment; and 
‘‘(2) not later than 30 days after the date on 
which the court makes such a nondefault, final judg-
ment, submit to the Secretary a report that— 
‘‘(A) certifies that the standard, policy, 
practice, or procedure that is in violation of the 
requirement described in section 112B, 112C, or 
112D is no longer in use; and 
‘‘(B) provides evidence to support such cer-
tification. 
‘‘(c) REVOCATION OF ELIGIBILITY.—In the case of a 
covered public institution that does not notify the Secretary 
as required under subsection (b)(1) or submit the report re-
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quired under subsection (b)(2), the Secretary shall revoke 
the eligibility of such institution to participate in a pro-
gram authorized under title IV for each award year fol-
lowing the conclusion of the award year in which a court 
made a nondefault, final judgment in a civil action brought 
under subsection (a) that the institution is in violation of 
a requirement described in section 112B, 112C, or 112D. 
‘‘(d) RESTORATION OF ELIGIBILITY.— 
‘‘(1) IN GENERAL.—A covered public institution 
that loses eligibility under subsection (c) to partici-
pate in a program authorized under title IV may seek 
to restore such eligibility by submitting to the Sec-
retary the report described in subsection (b)(2). 
‘‘(2) DETERMINATION BY THE SECRETARY.—Not 
later than 90 days after a covered public institution 
submits a report under paragraph (1), the Secretary 
shall review such report and make a determination 
with respect to whether such report contained suffi-
cient evidence to demonstrate that such institution is 
no longer in violation of a requirement described in 
section 112B, 112C, or 112D. 
‘‘(3) RESTORATION.—If the Secretary makes a 
determination under paragraph (2) that the covered 
public institution is no longer in violation of a re-
quirement described in section 112B, 112C, or 112D, 
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the Secretary shall restore the eligibility of such insti-
tution to participate in a program authorized under 
title IV for each award year following the conclusion 
of the award year in which such determination is 
made. 
‘‘(e) REPORT TO CONGRESS.—Not later than 1 year 
after the date of the enactment of this section, and on an 
annual basis thereafter, the Secretary shall submit to the 
Committee on Education and the Workforce of the House 
of Representatives and the Senate Committee on Health, 
Education, Labor, and Pensions a report that includes— 
‘‘(1) a compilation of— 
‘‘(A) the notifications of violation received 
by the Secretary under subsection (b)(1) in the 
year for which such report is being submitted; 
and 
‘‘(B) the reports submitted to the Secretary 
under subsection (b)(2) for such year; and 
‘‘(2) any action taken by the Secretary to revoke 
or restore eligibility under subsections (c) and (d) for 
such year. 
‘‘(f) VOLUNTARY WAIVER OF STATE AND LOCAL SOV-
EREIGN IMMUNITY AS CONDITION OF RECEIVING FEDERAL 
FUNDING.—The receipt, on or after the date of enactment 
of this section, of any Federal funding under title IV of 
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this Act by a State or political subdivision of a State (in-
cluding any municipal or county government) is deemed 
to constitute a clear and unequivocal expression of, and 
agreement to, waiving sovereign immunity under the 11th 
Amendment to the Constitution or otherwise, to a civil ac-
tion for injunctive relief, compensatory damages, court 
costs, and attorney’s fees under this section. 
‘‘(g) DEFINITION.—In this section, the term ‘non-
default, final judgment’ means a final judgment by a court 
for a civil action brought under subsection (a) that a cov-
ered public institution is in violation of a requirement de-
scribed in section 112B, 112C, or 112D that the covered 
public institution chooses not to appeal or that is not sub-
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 re-
quire institutions of higher education to adopt 
and adhere to principles of free speech, and for 
other purposes. 
APRIL 26, 2024 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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