IIB 
118TH CONGRESS 
2D SESSION 
H. R. 3724 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 23, 2024 
Received; read twice and referred to the Committee on Health, Education, 
Labor, and Pensions 
AN ACT 
To amend the Higher Education Act of 1965 to prohibit 
recognized accrediting agencies and associations from re-
quiring, encouraging, or coercing institutions of higher 
education to meet any political litmus test or violate 
any right protected by the Constitution as a condition 
of accreditation. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘End Woke Higher Education Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—ACCREDITATION FOR COLLEGE EXCELLENCE 
Sec. 101. Short title. 
Sec. 102. Prohibition on political litmus tests in accreditation of institutions of 
higher education. 
Sec. 103. Rule of construction. 
TITLE II—RESPECTING THE FIRST AMENDMENT ON CAMPUS 
Sec. 201. Short title. 
Sec. 202. Sense of Congress. 
Sec. 203. Disclosure of free speech policies. 
Sec. 204. Freedom of association and religion. 
Sec. 205. Free speech on campus. 
Sec. 206. Enforcement. 
Sec. 207. Sense of Congress relating to acts of violence on campus. 
TITLE I—ACCREDITATION FOR 
COLLEGE EXCELLENCE 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Accreditation for Col-
lege Excellence Act of 2024’’. 
SEC. 102. PROHIBITION ON POLITICAL LITMUS TESTS IN 
ACCREDITATION OF INSTITUTIONS OF HIGH-
ER EDUCATION. 
(a) OPERATING PROCEDURES REQUIRED.—Section 
496(c) of the Higher Education Act of 1965 (20 U.S.C. 
1099b(c)) is amended— 
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(1) by striking ‘‘and’’ at the end of paragraph 
(8); 
(2) in paragraph (9), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(10) confirms that the standards for accredita-
tion of the agency or association do not— 
‘‘(A) except as provided in subparagraph 
(B)— 
‘‘(i) require, encourage, or coerce any 
institution to— 
‘‘(I) support, oppose, or commit 
to supporting or opposing— 
‘‘(aa) a specific partisan, po-
litical, or ideological viewpoint or 
belief or set of such viewpoints or 
beliefs; or 
‘‘(bb) a a specific viewpoint 
or belief or set of viewpoints or 
beliefs on social, cultural, or po-
litical issues; or 
‘‘(II) support or commit to sup-
porting the disparate treatment of any 
individual or group of individuals on 
the basis of any protected class under 
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Federal civil rights law, except as re-
quired by Federal law or a court 
order; or 
‘‘(ii) assess an institution’s or pro-
gram of study’s commitment to any ide-
ology, belief, or viewpoint; 
‘‘(B) prohibit an institution— 
‘‘(i) from having a religious mission, 
operating as a religious institution, or 
being controlled by a religious organization 
(in a manner described in paragraph (1), 
(2), (3), (4), (5), or (6) of section 
106.12(c) of title 34, Code of Federal Reg-
ulations (as in effect on the date of the en-
actment of this paragraph)), or from re-
quiring an applicant, student, employee, or 
independent contractor (such as an adjunct 
professor) of such an institution to— 
‘‘(I) provide or adhere to a state-
ment of faith; or 
‘‘(II) adhere to a code of conduct 
consistent with the stated religious 
mission of such institution or the reli-
gious tenets of such organization; or 
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‘‘(ii) from requiring an applicant, stu-
dent, employee, or contractor to take an 
oath to uphold the Constitution of the 
United States; or 
‘‘(C) require, encourage, or coerce an insti-
tution of higher education to violate any right 
protected by the Constitution.’’. 
(b) LIMITATION ON SCOPE OF CRITERIA.—Section 
496(g) of the Higher Education Act of 1965 (20 U.S.C. 
1099b(g)) is amended to read as follows: 
‘‘(g) LIMITATION ON SCOPE OF CRITERIA.— 
‘‘(1) IN GENERAL.—The Secretary shall not es-
tablish criteria for accrediting agencies or associa-
tions that are not required by this section. 
‘‘(2) INSTITUTIONAL ELIGIBILITY.—An institu-
tion of higher education shall be eligible for partici-
pation in programs under this title if the institution 
is in compliance with the standards of its accrediting 
agency or association that assess the institution in 
accordance with subsection (a)(5), regardless of any 
additional standards adopted by the agency or asso-
ciation for purposes unrelated to participation in 
programs under this title.’’. 
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SEC. 103. RULE OF CONSTRUCTION. 
Nothing in this title prevents religious accreditors 
from holding and enforcing religious standards on institu-
tions they choose to accredit. 
TITLE II—RESPECTING THE 
FIRST AMENDMENT ON CAMPUS 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Respecting the First 
Amendment on Campus Act’’. 
SEC. 202. 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 Prin-
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ciples or substantially similar principles with re-
spect to institutional mission that emphasizes a 
commitment to freedom of speech and expres-
sion on university campuses and to develop and 
consistently implement policies accordingly. 
‘‘(2) POLITICAL
LITMUS
TESTS.—The Con-
gress— 
‘‘(A) condemns public institutions of high-
er education for conditioning admission to any 
student applicant, or the hiring, reappointment, 
or promotion of any faculty member, on the ap-
plicant 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 oth-
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erwise 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.). 
‘‘(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. 203. DISCLOSURE OF FREE SPEECH POLICIES. 
The Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.), as amended by section 202 of this title, 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 edu-
cation 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 
prospective students and faculty— 
‘‘(1) any policies held by the institutions related 
to— 
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‘‘(A) speech on campus, including policies 
limiting— 
‘‘(i) the time when such speech may 
occur; 
‘‘(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 acknowledg-
ment from the institution that the students and faculty 
are the intended beneficiaries of the policies disclosed in 
the certification.’’. 
SEC. 204. FREEDOM OF ASSOCIATION AND RELIGION. 
The Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.), as amended by section 203 of this title, is further 
amended by inserting after section 112B the following new 
section: 
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‘‘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: 
‘‘(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 
institutional requirements for such 
recognition. 
‘‘(II) ALTERNATIVE.—An institu-
tion described in subclause (I) shall 
ensure that any policy or practice re-
lated to the recognition of a student 
organization— 
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‘‘(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-
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 
requirement; or 
‘‘(BB) the institution 
assigning a faculty or staff 
member to such organiza-
tion; and 
‘‘(bb) does not require a fac-
ulty or staff member of the insti-
tution assigned to serve as fac-
ulty advisor pursuant to item 
(aa)(BB) to participate in, or 
support, the organization other 
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than by performing the purely 
administrative functions required 
of a faculty advisor. 
‘‘(ii) APPEAL OPTIONS FOR RECOGNI-
TION.— 
‘‘(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 
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recognition of the appeal process 
and the timeline for hearing and 
resolving the appeal; 
‘‘(cc) allow the students 
seeking recognition to obtain out-
side counsel to represent them 
during the appeal; and 
‘‘(dd) ensure that such ap-
pellate entity did not participate 
in any prior proceeding related to 
the denial of recognition to the 
student organization. 
‘‘(B) DISTRIBUTION
OF
FUNDS
TO
STU-
DENT ORGANIZATIONS.—A covered public insti-
tution that collects a mandatory fee from stu-
dents for the costs of student activities or 
events (or both), and provides funds generated 
from such student fees to one or more recog-
nized student organizations of the institution, 
shall— 
‘‘(i) establish and make publicly avail-
able clear, objective, content- and view-
point-neutral, and exhaustive standards to 
be used by the institution to determine— 
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‘‘(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; 
‘‘(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-
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peal to an institutional appellate entity for 
reconsideration, which appeals process— 
‘‘(I) shall require the covered 
public institution to provide written 
notice to the students seeking an allo-
cation through the appeal process and 
the 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 ex-
haustive standards to be used by the institution 
to— 
‘‘(i) determine the amount of any se-
curity fee for an event or activity organized 
by a student or student organization; and 
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‘‘(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 
organization; 
‘‘(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 exhaustive standards to be used by the in-
stitution related to the safety and protection of 
speakers and guests who are invited to the in-
stitution by a student or student organization. 
‘‘(2) DEFINITIONS.—In this subsection: 
‘‘(A) RECOGNIZED
STUDENT
ORGANIZA-
TION.—The term ‘recognized student organiza-
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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. 
‘‘(B) SECURITY FEE.—The term ‘security 
fee’ means a fee charged to a student or stu-
dent organization for an event or activity orga-
nized 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 
institution for additional security measures 
needed to ensure the security of the institution, 
students, faculty, staff, or surrounding commu-
nity as a result of such event or activity. 
‘‘(b) EQUAL CAMPUS ACCESS.—A covered public in-
stitution 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 
recognition of the organization by the institution) because 
of the religious beliefs, practices, speech, leadership stand-
ards, including standards regarding religious identity, be-
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lief, or practice, or standards of conduct of the religious 
student organization. 
‘‘(c) FREEDOM OF ASSOCIATION.— 
‘‘(1) UPHOLDING
FREEDOM
OF
ASSOCIATION 
PROTECTIONS.—Any student (or group of students) 
enrolled in an institution of higher education that 
receives funds under this Act, including through an 
institution’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; 
‘‘(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 
membership, as provided under paragraph 
(3)(C). 
‘‘(2) NONRETALIATION AGAINST STUDENTS OF 
SINGLE-SEX
SOCIAL
ORGANIZATIONS.—An institu-
tion of higher education that receives funds under 
this Act, including through an institution’s partici-
pation in any program under title IV, shall not— 
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‘‘(A) take any action to require or coerce 
a student or prospective student who is a mem-
ber or prospective member of a single-sex social 
organization to waive the protections provided 
under paragraph (1), including as a condition 
of enrolling in the institution; 
‘‘(B) take any adverse action against a sin-
gle-sex social organization, or a student who is 
a member or a prospective member of a single- 
sex social organization, based on the member-
ship practice of such organization limiting 
membership 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 
allows the institution to impose such restriction. 
‘‘(3) RULES
OF
CONSTRUCTION.—Nothing in 
this subsection shall— 
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opinion (either individually or collectively) about 
membership in a single-sex social organization, 
or otherwise inhibit the academic freedom of 
such faculty to research, write, or publish mate-
rial about membership in such an organization; 
or 
‘‘(E) create enforceable rights against a 
single-sex social organization or against an in-
stitution of higher education due to the decision 
of the organization to deny membership to an 
individual student. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) ADVERSE
ACTION.—The term ‘ad-
verse 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 organization: 
‘‘(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. 
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‘‘(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, 
privileges, or opportunities afforded other 
students on campus. 
‘‘(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 cur-
rent or future employer, a government 
agency, a licensing board, an institution of 
higher education, a scholarship program, 
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or a graduate fellowship to which the stu-
dent applies 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. 
‘‘(ix) An action to require any student 
to certify that such student is not a mem-
ber of a single-sex social organization or to 
disclose the student’s membership in a sin-
gle-sex social organization. 
‘‘(x) An action to interject an institu-
tion’s own criteria into the membership 
practices of the organization in any man-
ner that conflicts with the rights of such 
organization under title IX of the Edu-
cation 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- 
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sex social organization that are not im-
posed on all other student organizations. 
‘‘(B) 
SINGLE-SEX
SOCIAL
ORGANIZA-
TION.—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 his-
torically single-sex, the active membership 
of 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 orga-
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nization having knowingly provided material support or re-
sources to an organization designated as a foreign ter-
rorist organization pursuant to section 219 of the Immi-
gration and Nationality Act (8 U.S.C. 1189).’’. 
SEC. 205. FREE SPEECH ON CAMPUS. 
The Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.), as amended by section 204 of this title, is further 
amended by inserting after section 112C the following new 
section: 
‘‘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 orienta-
tion— 
‘‘(A) a written statement that— 
‘‘(i) explains the rights of students 
under the First Amendment to the Con-
stitution; 
‘‘(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 
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procedures for filing a discrimination claim 
with the Office for Civil Rights of the De-
partment of Education; and 
‘‘(iv) includes assurances that stu-
dents, and individuals invited by students 
to speak at the institution, will not be 
treated in a manner that violates the free-
dom of expression of such students or indi-
viduals; and 
‘‘(B) educational programming (including 
online resources) that describes their free 
speech 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
ACTIVI-
TIES.—In this subsection, the term ‘expressive activ-
ity’— 
‘‘(A) includes— 
‘‘(i) peacefully assembling, protesting, 
speaking, or listening; 
‘‘(ii) distributing literature; 
‘‘(iii) carrying a sign; 
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‘‘(iv) circulating a petition; or 
‘‘(v) other expressive activities guar-
anteed under the First Amendment to the 
Constitution; 
‘‘(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.— 
‘‘(A) IN GENERAL.—A covered public insti-
tution may not prohibit, subject to subpara-
graph (B), a person from freely engaging in 
noncommercial expressive activity in a generally 
accessible area on the institution’s campus if 
the person’s conduct is lawful. The publicly ac-
cessible outdoor areas of campuses of public in-
stitutions of higher education shall be regulated 
pursuant to rules applicable to traditional pub-
lic forums. 
‘‘(B) RESTRICTIONS.—A covered public in-
stitution may not maintain or enforce time, 
place, or manner restrictions on an expressive 
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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 
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-
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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 em-
ployee to take an oath to uphold the Constitu-
tion of the United States; 
‘‘(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- 
discrimination laws, as applicable; 
‘‘(C) to prohibit an institution of higher 
education from evaluating a prospective stu-
dent, an employee, or a prospective employee 
based on their knowingly providing material 
support or resources to an organization des-
ignated as a foreign terrorist organization pur-
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suant 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 
student organizations. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) COVERED
INDIVIDUAL.—The term 
‘covered individual’ means, with respect to an 
institution of higher education that is a public 
institution— 
‘‘(i) a prospective student who has 
submitted an application to attend such in-
stitution; 
‘‘(ii) a student who attends such insti-
tution; 
‘‘(iii) a prospective employee who has 
submitted an application to work at such 
institution; 
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‘‘(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 
section 2339A of title 18, United States Code 
(including the definitions of ‘training’ and ‘ex-
pert advice or assistance’ in that section). 
‘‘(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 
education 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 
partisan or political set of beliefs; 
‘‘(ii) supports or opposes a particular 
viewpoint on a social or political issue; or 
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‘‘(iii) promotes the disparate treat-
ment of any individual or group of individ-
uals on the basis of race, color, religion or 
national origin, 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 rac-
ist, oppressive, or otherwise unjust.’’. 
SEC. 206. 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) The institution will comply with all 
the requirements of sections 112B. 
‘‘(B) An institution that fails to comply with 
section 112B 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 partici-
pate in such programs, demonstrate compliance 
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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 
205 of this title, is further amended by inserting after sec-
tion 112D the following new section: 
‘‘SEC. 112E. ENFORCEMENT. 
‘‘(a) CAUSE OF ACTION.— 
‘‘(1) CIVIL ACTION.—After exhaustion of any 
available appeals under section 112C(a), an ag-
grieved 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 vio-
lation of a requirement described in section 112B, 
112C, or 112D may bring a civil action in a Federal 
court for appropriate 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. 
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‘‘(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 
described in section 112B, 112C, or 112D persists, 
and each day that a policy in violation of a require-
ment described in section 112B, 112C, or 112D re-
mains in effect, shall constitute a new day that the 
cause of action 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 
submit 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— 
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‘‘(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 Sec-
retary as required under subsection (b)(1) or submit the 
report required under subsection (b)(2), the Secretary 
shall revoke the eligibility of such institution to participate 
in a program authorized under title IV for each award 
year following 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 vio-
lation 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 
Secretary the report described in subsection (b)(2). 
‘‘(2) DETERMINATION BY THE SECRETARY.— 
Not later than 90 days after a covered public insti-
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tution submits a report under paragraph (1), the 
Secretary shall review such report and make a deter-
mination with respect to whether such report con-
tained sufficient 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, the Secretary shall restore the eligibility of 
such institution to participate in a program author-
ized under title IV for each award year following the 
conclusion of the award year in which such deter-
mination 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 in-
cludes— 
‘‘(1) a compilation of— 
‘‘(A) the notifications of violation received 
by the Secretary under subsection (b)(1) in the 
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year for which such report is being submitted; 
and 
‘‘(B) the reports submitted to the Sec-
retary under subsection (b)(2) for such year; 
and 
‘‘(2) any action taken by the Secretary to re-
voke or restore eligibility under subsections (c) and 
(d) for such year. 
‘‘(f) VOLUNTARY WAIVER
OF STATE
AND LOCAL 
SOVEREIGN 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 this Act by a State or political subdivision of 
a State (including 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 action 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 
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public institution chooses not to appeal or that is not sub-
ject to further appeal.’’. 
SEC. 207. SENSE OF CONGRESS RELATING TO ACTS OF VIO-
LENCE ON CAMPUS. 
It is the sense of Congress that acts of violence com-
mitted on the campus of an institution of higher education 
are not protected under the First Amendment to the Con-
stitution. 
Passed the House of Representatives September 19, 
2024. 
Attest: 
KEVIN F. MCCUMBER, 
Clerk. 
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