of students or alumni of an institution of 
higher education.’’. 
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: 
‘‘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; and 
‘‘(iii) 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-
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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; 
‘‘(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 non-religious expression; and 
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‘‘(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 
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; 
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‘‘(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-
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-
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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 anti-discrimination laws or from taking 
action against a student, faculty member, or 
employee 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-
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 
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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; 
‘‘(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. 
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‘‘(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 
‘‘(iii) promotes the disparate treat-
ment of any individual or group of individ-
uals on the basis of race, color, or national 
origin, including— 
‘‘(I) any initiative or formulation 
of diversity, equity, and inclusion be-
yond upholding existing Federal law; 
or 
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‘‘(II) any theory or practice that 
holds that systems or institutions up-
holding existing Federal law are rac-
ist, oppressive, or otherwise unjust.’’. 
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 partici-
pate in such programs, demonstrate compliance 
with all requirements of such section for not 
less than one award year after the award year 
in which such institution became ineligible.’’. 
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(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.— 
‘‘(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. 
‘‘(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 
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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) NON-DEFAULT, FINAL JUDGMENT.—In the 
case of a court’s non-default, final judgment in a civil ac-
tion brought under subsection (a) that a covered public 
institution is in violation of a requirement described in sec-
tion 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 non-default, final 
judgment, notify the Secretary of such judgment and 
submit to the Secretary a copy of the non-default, 
final judgment; and 
‘‘(2) not later than 30 days after the date on 
which the court makes such a non-default, final 
judgment, 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 
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‘‘(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 non-default, final judgment in a civil ac-
tion 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 
Secretary the report described in subsection (b)(2). 
‘‘(2) DETERMINATION BY THE SECRETARY.— 
Not later than 90 days after a covered public insti-
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 
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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 
year for which such report is being submitted; 
and 
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‘‘(B) the reports submitted to the Sec-
retary under subsection (b)(2) for such year; 
and 
‘‘(2) any action taken by the Secretary revoke 
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-de-
fault, 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.’’. 
Æ 
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