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-
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—
‘‘(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:
‘‘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—
‘‘(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
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;