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:

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.