[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6236 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6236

   To amend the Higher Education Act of 1965 to provide for certain 
      freedom of association protections, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 2020

  Mr. Gallego (for himself, Ms. Stefanik, Mrs. Murphy of Florida, Mr. 
Stivers, Mr. Gottheimer, Mr. Hudson, Mrs. Kirkpatrick, Mr. Flores, Ms. 
  Kendra S. Horn of Oklahoma, Mr. Womack, Ms. Sewell of Alabama, Mr. 
Rodney Davis of Illinois, Mrs. Beatty, Mr. Bost, Mr. Hill of Arkansas, 
     Mr. Steube, Mr. Himes, Mr. Byrne, and Mrs. Brooks of Indiana) 
 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 provide for certain 
      freedom of association protections, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Collegiate Freedom of Association 
Act 2.0''.

SEC. 2. FREEDOM OF ASSOCIATION PROTECTIONS.

    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. FREEDOM OF ASSOCIATION PROTECTIONS.

    ``(a) Non-Retaliation Against Students of Single-Sex Social 
Organizations.--An institution of higher education that receives funds 
under this Act shall not--
            ``(1) take any action to require or coerce a student or 
        prospective student who is a member or prospective member of a 
        single-sex social organization to waive the requirements of 
        paragraph (2), including as a condition of enrolling in the 
        institution; or
            ``(2) take any adverse action against a student who is a 
        member or a prospective member of a single-sex social 
        organization based solely on the membership practice of such 
        organization limiting membership to only individuals of one 
        sex.
    ``(b) Rules of Construction.--Nothing in this section shall--
            ``(1) require an institution of higher education to 
        officially recognize a single-sex organization;
            ``(2) prohibit an institution of higher education from 
        taking an adverse action against a student who joins a single-
        sex social organization for a reason including academic 
        misconduct or nonacademic misconduct, or because the 
        organization's purpose poses a clear harm to the students or 
        employees, so long as that adverse action is not based solely 
        on the membership practice of the organization of limiting 
        membership to only individuals of one sex; or
            ``(3) inhibit the ability of the faculty of an institution 
        of higher education to express an 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 material about 
        membership in such an organization.
    ``(c) Definitions.--In this section:
            ``(1) Adverse action.--The term `adverse action' means any 
        of the following actions taken by an institution of higher 
        education with respect to a member or prospective member of a 
        single-sex social organization:
                    ``(A) 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.
                    ``(B) An oral or written warning with respect to an 
                action described in subparagraph (A).
                    ``(C) An action to deny participation in any 
                education program or activity.
                    ``(D) An action to withhold, in whole or in part, 
                any financial assistance (including scholarships and on 
                campus employment), or denying the opportunity to apply 
                for financial assistance, a scholarship, a graduate 
                fellowship, or on-campus employment.
                    ``(E) An action to deny or restrict access to on-
                campus housing.
                    ``(F) An act to deny any certification, 
                endorsement, or letter of recommendation that may be 
                required by a student's current or future employer, a 
                government agency, a licensing board, an institution of 
                higher education, a scholarship program, or a graduate 
                fellowship to which the student seeks to apply.
                    ``(G) 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.
                    ``(H) An action to require any student to certify 
                that such student is not a member of a single-sex 
                social organization or to disclose the student's 
                membership in a single-sex social organization.
            ``(2) Single-sex social organization.--The term `single-sex 
        social organization' means a social fraternity or sorority 
        described 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 historically single-sex, 
        the active membership of which consists primarily of students 
        or alumni of an institution of higher education.''.
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