[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8945 Introduced in House (IH)]
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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 promotion of students or
faculty at institutions of higher education, 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 ``Restoring Academic Freedom on Campus
Act of 2022''.
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 institution of higher
education that receives funds under this Act, including through
participation in a program authorized under title IV, may not consider,
require, or discriminate on the basis of a political test in the
admission, appointment, or promotion of, or granting of tenure to, any
covered individual.
``(b) Enforcement.--
``(1) Cause of action.--
``(A) Authorization.--A covered individual 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 described in subsection
(a) may bring an action in a Federal court of competent
jurisdiction to--
``(i) enjoin a violation of the prohibition
described in subsection (a); or
``(ii) recover compensatory damages,
reasonable court costs, or reasonable attorney
fees.
``(B) Actions.--In an action brought under this
paragraph, if the court finds a violation 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 action under this
paragraph may not be brought later than 2 years after
the date of the violation.
``(2) In general.--If a court finds under paragraph (1)
that an institution of higher education maintains a policy or
practice that is a political test in violation of the
prohibition described in subsection (a), such institution
shall--
``(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 practice
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 report required under
paragraph (2)(B), the Secretary shall revoke, beginning the
academic year immediately 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 receive 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 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 the prohibition described in
subsection (a).
``(C) If the Secretary makes a determination under
subparagraph (B) that the institution 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 academic year in which such determination is
made, the eligibility of such institution to receive
funds under this Act, including through participation
in a program authorized under title IV.
``(c) Rule of Construction.--Nothing in this section shall be
construed to--
``(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 consistent with
the stated religious mission of such institution or the
religious tenets of such organization; or
``(3) 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 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--
``(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 individual.--The term `covered individual'
means, with respect to an institution of higher education--
``(A) a prospective student who has submitted an
application to attend such institution;
``(B) a student who attends such institution;
``(C) a prospective employee who has submitted an
application to work at such institution;
``(D) an employee who works at such institution;
``(E) a prospective faculty member who has
submitted an application to work at such institution;
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 applicant for enrollment
or employment, student, 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--
``(A) promotes a specific partisan or political 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
upholding existing Federal law; or
``(ii) any theory or practice that holds
that systems or institutions upholding existing
Federal law are racist, oppressive, or
otherwise unjust.''.
(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 requirements of
section 124.''.
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