[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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