[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2451 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2451
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 30, 2023
Ms. Stefanik (for herself and Mrs. Miller-Meeks) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
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 ``Freedom of Association in Higher
Education Act of 2023''.
SEC. 2. PURPOSES.
(a) Purposes.--The purposes of this Act are as follows:
(1) Protect any student in a single-sex social organization
or any single-sex social organization from any adverse action
by an institution of higher education based solely on the
membership practice of such organization of limiting membership
only to individuals of one sex.
(2) Ensure any student in a single-sex social organization
or any single-sex social organization is treated without bias
in comparison to students at an institution of higher education
who do not participate in single-sex social organizations, or
other social organizations at an institution of higher
education that are not single-sex.
(3) Protect the rights of students to freely associate with
and participate in social organizations, including single-sex
social organizations.
SEC. 3. FREEDOM OF ASSOCIATION PROTECTIONS FOR STUDENTS IN SOCIAL
ORGANIZATIONS.
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 FOR STUDENTS IN SOCIAL
ORGANIZATIONS.
``(a) Upholding Freedom of Association Protections.--Any student
(or group of students) enrolled in an institution of higher education
shall--
``(1) be able to form or apply to join any recognized or
unrecognized social organization, including any single-sex
social organization; and
``(2) if selected for membership by any social
organization, be able to join such social organization and
participate in such social organization.
``(b) Non-Retaliation Against Students of Single-Sex Social
Organizations.--An institution of higher education that receives funds
under this Act, including through an institution's participation in any
program under title IV, 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 protections
provided under subsection (a), including as a condition of
enrolling in the institution;
``(2) take any adverse action against a single-sex social
organization, or 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
only to individuals of one sex; or
``(3) impose a recruitment restriction (including a
recruitment restriction relating to the schedule for membership
recruitment) on a single-sex social organization recognized by
the institution, which is not imposed upon other student
organizations by the institution, unless the organization (or a
council of similar organizations) and the institution have
entered into a mutually agreed-upon written agreement that
allows the institution to impose such restriction.
``(c) Rules of Construction.--Nothing in this section shall--
``(1) require an institution of higher education to
officially recognize a social organization, including a single-
sex social organization;
``(2) prohibit an institution of higher education from
taking an adverse action against a student who joins a social
organization, including 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
students or employees of the institution, so long as that
adverse action is not based solely on the membership practice
of the organization of limiting membership only to individuals
of one sex;
``(3) prevent a social organization from regulating its own
membership;
``(4) 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; or
``(5) create enforceable rights against a social
organization or against an institution of higher education due
to the decision of such social organization to deny membership
to an individual student.
``(d) Definitions.--In this section:
``(1) Adverse action.--The term `adverse action' includes
the following actions taken by an institution of higher
education with respect to a single-sex social organization or 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) made by an
official of an institution of higher education acting
in their official capacity.
``(C) An action to deny participation in any
education program or activity, including the
withholding of any rights, privileges, or opportunities
afforded other students on campus.
``(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 applies or 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 withdraw the institution's
official recognition of such organization.
``(I) 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.
``(J) An action to interject an institution's own
criteria into the membership practices of the
organization in any manner that conflicts with the
rights of such organization under title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.)
or this section.
``(2) Single-sex social organization.--The term `single-sex
social organization' means--
``(A) 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; or
``(B) a single-sex private social club (including
an independent organization located off-campus) that
consists primarily of students or alumni of an
institution of higher education.''.
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