I 
117TH CONGRESS 
2D SESSION 
H. R. 8945 
To amend the Higher Education Act of 1965 to prohibit the use of political 
tests in the selection, hiring, or promotion of students or faculty at 
institutions of higher education, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 21, 2022 
Ms. STEFANIK (for herself, Mr. KELLER, and Mr. GROTHMAN) introduced the 
following bill; which was referred to the Committee on Education and Labor 
A BILL 
To amend the Higher Education Act of 1965 to prohibit 
the use of political tests in the selection, hiring, or pro-
motion of students or faculty at institutions of higher 
education, and for other purposes. 
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 ‘‘Restoring Academic 
Freedom on Campus Act of 2022’’. 
VerDate Sep 11 2014 
16:50 Oct 03, 2022
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8945.IH
H8945
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 2. AMENDMENTS TO THE HIGHER EDUCATION ACT OF 
1965. 
(a) PROHIBITION ON USE OF POLITICAL TESTS.— 
Part B of title I of the Higher Education Act of 1965 
(20 U.S.C. 1011 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 124. PROHIBITION ON USE OF POLITICAL TESTS. 
‘‘(a) PROHIBITION ON POLITICAL TESTS.—An insti-
tution of higher education that receives funds under this 
Act, including through participation in a program author-
ized under title IV, may not consider, require, or discrimi-
nate on the basis of a political test in the admission, ap-
pointment, or promotion of, or granting of tenure to, any 
covered individual. 
‘‘(b) ENFORCEMENT.— 
‘‘(1) CAUSE OF ACTION.— 
‘‘(A) AUTHORIZATION.—A covered indi-
vidual that applies to, attends, or works at an 
institution of higher education claiming that the 
institution maintains a policy or practice that is 
a political test in violation of the prohibition de-
scribed in subsection (a) may bring an action in 
a Federal court of competent jurisdiction to— 
‘‘(i) enjoin a violation of the prohibi-
tion described in subsection (a); or 
VerDate Sep 11 2014 
16:50 Oct 03, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8945.IH
H8945
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(ii) recover compensatory damages, 
reasonable court costs, or reasonable attor-
ney fees. 
‘‘(B) ACTIONS.—In an action brought 
under this paragraph, if the court finds a viola-
tion of the prohibition described in subsection 
(a), the court may— 
‘‘(i) enjoin the violation; or 
‘‘(ii) award a prevailing plaintiff— 
‘‘(I) compensatory damages; 
‘‘(II) reasonable court costs; or 
‘‘(III) reasonable attorney fees. 
‘‘(C) WAIVER
OF
IMMUNITY.—A State 
shall not be immune under the Eleventh 
Amendment to the Constitution of the United 
States from an action under this paragraph. 
‘‘(D) STATUTE OF LIMITATIONS.—An ac-
tion under this paragraph may not be brought 
later than 2 years after the date of the viola-
tion. 
‘‘(2) IN
GENERAL.—If a court finds under 
paragraph (1) that an institution of higher edu-
cation maintains a policy or practice that is a polit-
ical test in violation of the prohibition described in 
subsection (a), such institution shall— 
VerDate Sep 11 2014 
16:50 Oct 03, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8945.IH
H8945
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(A) not later than 7 days after the date 
on which the court makes such finding, notify 
the Secretary of such finding; and 
‘‘(B) not later than 30 days after the date 
on which the court makes such finding, submit 
to the Secretary a report that— 
‘‘(i) certifies that the policy or prac-
tice that is a political test in violation of 
the prohibition described in subsection (a) 
is no longer in use; and 
‘‘(ii) provides evidence to support such 
certification. 
‘‘(3) REVOCATION
OF
ELIGIBILITY.—In the 
case of an institution that does not submit the re-
port required under paragraph (2)(B), the Secretary 
shall revoke, beginning the academic year imme-
diately following the conclusion of the academic year 
in which the institution is found by a court to be in 
violation of the prohibition described in subsection 
(a), the eligibility of such institution to receive funds 
under this Act, including through participation in a 
program authorized under title IV. 
‘‘(4) RESTORATION OF ELIGIBILITY.— 
‘‘(A) An institution of higher education 
that loses eligibility under paragraph (3) to re-
VerDate Sep 11 2014 
16:50 Oct 03, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8945.IH
H8945
pamtmann on DSKBC07HB2PROD with BILLS
ceive funds under this Act may seek to restore 
such eligibility by submitting to the Secretary 
the report described in paragraph (2)(B). 
‘‘(B) Not later than 90 days after an insti-
tution submits a report under subparagraph 
(A), the Secretary shall review such report and 
make a determination with respect to whether 
such report contained sufficient evidence to 
demonstrate that such institution is no longer 
in violation of the prohibition described in sub-
section (a). 
‘‘(C) If the Secretary makes a determina-
tion under subparagraph (B) that the institu-
tion is no longer in violation of the prohibition 
described in subsection (a), the Secretary shall 
restore, at the beginning of the academic year 
immediately following the conclusion of the aca-
demic year in which such determination is 
made, the eligibility of such institution to re-
ceive funds under this Act, including through 
participation in a program authorized under 
title IV. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to— 
VerDate Sep 11 2014 
16:50 Oct 03, 2022
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8945.IH
H8945
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(1) prohibit an institution of higher education 
from requiring an applicant, student, or employee to 
take an oath to uphold the Constitution of the 
United States; 
‘‘(2) prohibit an institution of higher education 
which is controlled by a religious organization from 
requiring an applicant, student, or employee to— 
‘‘(A) provide a statement of faith; or 
‘‘(B) adhere to a code of conduct con-
sistent with the stated religious mission of such 
institution or the religious tenets of such orga-
nization; or 
‘‘(3) infringe upon or otherwise impact the pro-
tections of an institution of higher education under 
title VII of the Civil Rights Act of 1964 (42 U.S.C. 
2000e et seq.) and title IX of the Education Amend-
ments of 1972 (20 U.S.C. 1681 et seq.). 
‘‘(d) REPORT TO CONGRESS.—Not later than 1 year 
after the date of the enactment of the Restoring Academic 
Freedom on Campus Act of 2022 and on an annual basis 
thereafter, the Secretary shall submit to the Committee 
on Education and Labor of the House of Representatives 
and the Senate Committee on Health, Education, Labor, 
and Pensions a report that includes— 
‘‘(1) a compilation of— 
VerDate Sep 11 2014 
16:50 Oct 03, 2022
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8945.IH
H8945
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(E) a prospective faculty member who has 
submitted an application to work at such insti-
tution; and 
‘‘(F) a faculty member who works at such 
institution. 
‘‘(2) POLITICAL TEST.—The term ‘political test’ 
means a method of compelling or soliciting an appli-
cant for enrollment or employment, student, or em-
ployee of an institution of higher education to iden-
tify commitment to or make a statement of personal 
belief in support of any ideology or movement that— 
‘‘(A) promotes a specific partisan or polit-
ical set of beliefs; 
‘‘(B) promotes a particular viewpoint on 
an issue of public controversy; or 
‘‘(C) promotes the disparate treatment of 
any individual or group of individuals on the 
basis of race or ethnicity, including— 
‘‘(i) any initiative or formulation of 
diversity, equity, and inclusion beyond up-
holding existing Federal law; or 
‘‘(ii) any theory or practice that holds 
that systems or institutions upholding ex-
isting Federal law are racist, oppressive, or 
otherwise unjust.’’. 
VerDate Sep 11 2014 
16:50 Oct 03, 2022
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H8945.IH
H8945
pamtmann on DSKBC07HB2PROD with BILLS
(b) 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) The institution will comply with the re-
quirements of section 124.’’. 
Æ 
VerDate Sep 11 2014 
16:50 Oct 03, 2022
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H8945.IH
H8945
pamtmann on DSKBC07HB2PROD with BILLS