II 118th CONGRESS 2d Session S. 4106 IN THE SENATE OF THE UNITED STATES April 10, 2024 Ms. Ernst (for herself, Mr. Grassley , Mr. Budd , Mrs. Blackburn , Mr. Tillis , Mr. Braun , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To affirm and protect the First Amendment rights of students and student organizations at public institutions of higher education.

1. Short title This Act may be cited as the Students Bill of Rights Act of 2024 . 2. Students Bill of Rights The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended by inserting after section 112 the following new section: 112A. Students Bill of Rights to further protect speech and association (a) Protected rights A covered public institution that receives funds under this Act, including through participation in a program authorized under title IV, shall comply with the following requirements: (1) Recognized student organizations A covered public institution that has recognized student organizations shall comply with the following requirements: (A) Faculty advisors A covered public institution may not deny recognition to a student organization solely because the organization is unable to obtain a faculty advisor or sponsor, provided that the organization meets each of the other institutional requirements for such recognition. The institution shall ensure that any policy or practice related to the recognition of a student organization— (i) does not require a faculty or staff member of the institution to serve as faculty advisor or to otherwise participate in, support, or sponsor the organization; or (ii) if the institution does have a requirement that a faculty or staff member serve as described in clause (i) as a condition for recognition of the student organization, and an organization that meets each of the other institutional requirements for such recognition is unable to secure such a faculty or staff member, provides for an alternative to such requirement, which may include waiver of such requirement or the institution assigning a faculty or staff member to such organization. (B) Affiliation A covered public institution may not deny recognition to a student organization solely because of the organization’s affiliation with, or status as a chapter of, a national or other organization. (C) Appeal options for recognition A covered public institution shall provide an appeals process by which a student organization that has been denied recognition by the institution may appeal to an institutional appellate entity for reconsideration. The institution shall ensure that such appellate entity did not participate in any prior proceeding related to the denial of recognition to such organization. (2) Distribution of funds to student organizations A covered public institution that collects a mandatory fee from students for the costs of student activities and events and provides funds generated from such student fees to one or more recognized student organizations of the institution shall— (A) establish and make publicly available 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 student organizations; (B) ensure that allocations are made to the recognized student organizations in accordance with the standards established pursuant to subparagraph (A) ; (C) upon the request of a recognized student organization that has been denied all or a portion of an allocation described in subparagraph (B) , provide to the organization, in writing (which may include electronic communication) and in a timely manner, the specific reasons for such denial and information of the appeals process described in subparagraph (D) ; (D) provide an appeals process by which a recognized student organization that has been denied all or a portion of an allocation described in subparagraph (B) may appeal to an institutional appellate entity for reconsideration, and the institution shall ensure that such appellate entity did not participate in any prior proceeding related to such allocation; and (E) have in place policies and procedures to disqualify an individual or entity from participating in a determination described in subparagraph (A) or (B), or an appeal described in subparagraph (D) , if such individual or entity has failed to apply the standards for determinations established by the institution pursuant to this paragraph. (3) Assessment of security fees for events A covered public institution shall establish and make publicly available clear, objective, content- and viewpoint-neutral, and exhaustive standards to be used by the institution to— (A) determine the amount of any security fee for an event or activity organized by a student or student organization; and (B) 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 purpose or 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 or activity due to the purpose, content of expression, or viewpoint expressed at the event or activity by the student, student organization, or an invited guest. (4) 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 institution related to the safety and protection of speakers and guests who are invited to the institution by a student or student organization. (b) Enforcement (1) Cause of action (A) Civil action Whoever is harmed by a covered public institution by the maintenance of a policy or practice of the institution that is in violation of a requirement described in subsection (a) may bring a civil action in a Federal court for appropriate relief. (B) Appropriate relief For the purposes of this paragraph, appropriate relief includes— (i) a temporary or permanent injunction; and (ii) awarding a prevailing plaintiff— (I) compensatory damages; (II) reasonable court costs; and (III) reasonable attorney fees. (C) Statute of limitations A civil action under this paragraph may not be commenced later than 2 years after the cause of action accrues. (2) In general In the case of a court’s non-default, final judgment in a civil action brought under paragraph (1) that a covered public institution is in violation of a requirement described in subsection (a) , such covered public institution shall— (A) 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 (B) 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— (i) certifies that the standard, policy, practice, or procedure that is in violation of the requirement 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 a covered public institution that does not notify the Secretary as required under paragraph (2)(A) or submit the report required under paragraph (2)(B) , the Secretary shall revoke the eligibility of such institution to receive funds under this Act, including through participation 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 action brought under paragraph (1) that the institution is in violation of a requirement described in subsection (a) . (4) Restoration of eligibility (A) In general A covered public institution that loses eligibility under paragraph (3) to receive funds under this Act may seek to restore such eligibility by submitting to the Secretary the report described in paragraph (2)(B) . (B) Determination by the Secretary Not later than 90 days after a covered public institution 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 a requirement described in subsection (a) . (C) Restoration If the Secretary makes a determination under subparagraph (B) that the covered public institution is no longer in violation of a requirement described in subsection (a) , the Secretary shall restore the eligibility of such institution to receive funds under this Act, including through participation in a program authorized under title IV, for each award year following the conclusion of the award year in which such determination is made. (c) Rule of construction Nothing in this section shall be construed to infringe upon or otherwise impact the protections 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 Amendments 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 Students Bill of Rights Act of 2024 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 Committee on Health, Education, Labor, and Pensions of the Senate a report that includes— (1) a compilation of— (A) the notifications of violation received by the Secretary under subsection (b)(2)(A) in the year for which such report is being submitted; and (B) the reports submitted to the Secretary under subsection (b)(2)(B) for such year; and (2) any action taken by the Secretary revoke or restore eligibility under paragraphs (3) and (4) of subsection (b) for such year. (e) Definitions In this section: (1) Covered public institution The term covered public institution means an institution of higher education, as defined in section 101, that is a public institution. (2) Content- and viewpoint-neutral The term content- and viewpoint-neutral , when used with respect to a policy, practice, determination, fee assessment, or allocation applied to a student organization, means a policy, practice, determination, fee assessment, or allocation that does not take into consideration any purpose of, or viewpoints held or expressed by, such organization. (3) Non-default, final judgment The term non-default, final judgment means a final judgment by a court for a civil action brought under subsection (b) that a covered public institution is in violation of a requirement described in subsection (a) that the covered public institution chooses not to appeal or that is not subject to further appeal. (4) Recognized student organization The term recognized student organization 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. (5) 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 the costs incurred by the institution 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. . 3. 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) In the case of an institution that is a covered public institution under section 112A, the institution will comply with the requirements of such section. .