[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3724 Engrossed in House (EH)]

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118th CONGRESS
  2d Session
                                H. R. 3724

_______________________________________________________________________

                                 AN ACT


 
   To amend the Higher Education Act of 1965 to prohibit recognized 
 accrediting agencies and associations from requiring, encouraging, or 
coercing institutions of higher education to meet any political litmus 
test or violate any right protected by the Constitution as a condition 
                           of accreditation.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``End Woke Higher 
Education Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
             TITLE I--ACCREDITATION FOR COLLEGE EXCELLENCE

Sec. 101. Short title.
Sec. 102. Prohibition on political litmus tests in accreditation of 
                            institutions of higher education.
Sec. 103. Rule of construction.
           TITLE II--RESPECTING THE FIRST AMENDMENT ON CAMPUS

Sec. 201. Short title.
Sec. 202. Sense of Congress.
Sec. 203. Disclosure of free speech policies.
Sec. 204. Freedom of association and religion.
Sec. 205. Free speech on campus.
Sec. 206. Enforcement.
Sec. 207. Sense of Congress relating to acts of violence on campus.

             TITLE I--ACCREDITATION FOR COLLEGE EXCELLENCE

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Accreditation for College 
Excellence Act of 2024''.

SEC. 102. PROHIBITION ON POLITICAL LITMUS TESTS IN ACCREDITATION OF 
              INSTITUTIONS OF HIGHER EDUCATION.

    (a) Operating Procedures Required.--Section 496(c) of the Higher 
Education Act of 1965 (20 U.S.C. 1099b(c)) is amended--
            (1) by striking ``and'' at the end of paragraph (8);
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) confirms that the standards for accreditation of the 
        agency or association do not--
                    ``(A) except as provided in subparagraph (B)--
                            ``(i) require, encourage, or coerce any 
                        institution to--
                                    ``(I) support, oppose, or commit to 
                                supporting or opposing--
                                            ``(aa) a specific partisan, 
                                        political, or ideological 
                                        viewpoint or belief or set of 
                                        such viewpoints or beliefs; or
                                            ``(bb) a a specific 
                                        viewpoint or belief or set of 
                                        viewpoints or beliefs on 
                                        social, cultural, or political 
                                        issues; or
                                    ``(II) support or commit to 
                                supporting the disparate treatment of 
                                any individual or group of individuals 
                                on the basis of any protected class 
                                under Federal civil rights law, except 
                                as required by Federal law or a court 
                                order; or
                            ``(ii) assess an institution's or program 
                        of study's commitment to any ideology, belief, 
                        or viewpoint;
                    ``(B) prohibit an institution--
                            ``(i) from having a religious mission, 
                        operating as a religious institution, or being 
                        controlled by a religious organization (in a 
                        manner described in paragraph (1), (2), (3), 
                        (4), (5), or (6) of section 106.12(c) of title 
                        34, Code of Federal Regulations (as in effect 
                        on the date of the enactment of this 
                        paragraph)), or from requiring an applicant, 
                        student, employee, or independent contractor 
                        (such as an adjunct professor) of such an 
                        institution to--
                                    ``(I) provide or adhere to a 
                                statement of faith; or
                                    ``(II) adhere to a code of conduct 
                                consistent with the stated religious 
                                mission of such institution or the 
                                religious tenets of such organization; 
                                or
                            ``(ii) from requiring an applicant, 
                        student, employee, or contractor to take an 
                        oath to uphold the Constitution of the United 
                        States; or
                    ``(C) require, encourage, or coerce an institution 
                of higher education to violate any right protected by 
                the Constitution.''.
    (b) Limitation on Scope of Criteria.--Section 496(g) of the Higher 
Education Act of 1965 (20 U.S.C. 1099b(g)) is amended to read as 
follows:
    ``(g) Limitation on Scope of Criteria.--
            ``(1) In general.--The Secretary shall not establish 
        criteria for accrediting agencies or associations that are not 
        required by this section.
            ``(2) Institutional eligibility.--An institution of higher 
        education shall be eligible for participation in programs under 
        this title if the institution is in compliance with the 
        standards of its accrediting agency or association that assess 
        the institution in accordance with subsection (a)(5), 
        regardless of any additional standards adopted by the agency or 
        association for purposes unrelated to participation in programs 
        under this title.''.

SEC. 103. RULE OF CONSTRUCTION.

    Nothing in this title prevents religious accreditors from holding 
and enforcing religious standards on institutions they choose to 
accredit.

           TITLE II--RESPECTING THE FIRST AMENDMENT ON CAMPUS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Respecting the First Amendment on 
Campus Act''.

SEC. 202. SENSE OF CONGRESS.

    The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is 
amended by inserting after section 112 the following new section:

``SEC. 112A. SENSE OF CONGRESS; CONSTRUCTION; DEFINITION.

    ``(a) Sense of Congress.--
            ``(1) Adoption of chicago principles.--The Congress--
                    ``(A) recognizes that free expression, open 
                inquiry, and the honest exchange of ideas are 
                fundamental to higher education;
                    ``(B) acknowledges the profound contribution of the 
                Chicago Principles to the freedom of speech and 
                expression; and
                    ``(C) calls on nonsectarian institutions of higher 
                education to adopt the Chicago Principles or 
                substantially similar principles with respect to 
                institutional mission that emphasizes a commitment to 
                freedom of speech and expression on university campuses 
                and to develop and consistently implement policies 
                accordingly.
            ``(2) Political litmus tests.--The Congress--
                    ``(A) condemns public institutions of higher 
                education for conditioning admission to any student 
                applicant, or the hiring, reappointment, or promotion 
                of any faculty member, on the applicant or faculty 
                member pledging allegiance to or making a statement of 
                personal support for or opposition to any political 
                ideology or movement, including a pledge or statement 
                regarding diversity, equity, and inclusion, or related 
                topics; and
                    ``(B) discourages any institution from requesting 
                or requiring any such pledge or statement from an 
                applicant or faculty member, as such actions are 
                antithetical to the freedom of speech protected by the 
                First Amendment to the Constitution.
    ``(b) Construction.--Nothing in sections 112B through 112E shall be 
construed to infringe upon, or otherwise impact, the protections 
provided to individuals under titles VI and VII of the Civil Rights Act 
of 1964 (42 U.S.C. 2000d et seq.).
    ``(c) Definition.--For purposes of sections 112C, 112D, and 112E, 
the term `covered public institution' means an institution of higher 
education that is--
            ``(1) a public institution; and
            ``(2) participating in a program authorized under title 
        IV.''.

SEC. 203. DISCLOSURE OF FREE SPEECH POLICIES.

    The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), as 
amended by section 202 of this title, is further amended by inserting 
after section 112A the following new section:

``SEC. 112B. DISCLOSURE OF POLICIES RELATED TO FREEDOM OF SPEECH, 
              ASSOCIATION, AND RELIGION.

    ``(a) In General.--No institution of higher education shall be 
eligible to participate in any program under title IV unless the 
institution certifies to the Secretary that the institution has 
annually disclosed to current and prospective students and faculty--
            ``(1) any policies held by the institutions related to--
                    ``(A) speech on campus, including policies 
                limiting--
                            ``(i) the time when such speech may occur;
                            ``(ii) the place where such speech may 
                        occur; or
                            ``(iii) the manner in which such speech may 
                        occur;
                    ``(B) freedom of association, if applicable; and
                    ``(C) freedom of religion, if applicable; and
            ``(2) the right to a cause of action under section 112E, if 
        the institution is a public institution.
    ``(b) Intended Beneficiaries.--The certification specified in 
subsection (a) shall include an acknowledgment from the institution 
that the students and faculty are the intended beneficiaries of the 
policies disclosed in the certification.''.

SEC. 204. FREEDOM OF ASSOCIATION AND RELIGION.

    The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), as 
amended by section 203 of this title, is further amended by inserting 
after section 112B the following new section:

``SEC. 112C. FREEDOM OF ASSOCIATION AND RELIGION.

    ``(a) Students' Bill of Rights to Further Protect Speech and 
Association.--
            ``(1) Protected rights.--A covered public institution shall 
        comply with the following requirements:
                    ``(A) Recognized student organizations.--A covered 
                public institution that has recognized student 
                organizations shall comply with the following 
                requirements:
                            ``(i) Faculty advisors.--
                                    ``(I) In general.--A covered public 
                                institution may not deny recognition to 
                                a student organization because the 
                                organization is unable to obtain a 
                                faculty advisor or sponsor, if the 
                                organization meets each of the other 
                                content- and viewpoint-neutral 
                                institutional requirements for such 
                                recognition.
                                    ``(II) Alternative.--An institution 
                                described in subclause (I) shall ensure 
                                that any policy or practice related to 
                                the recognition of a student 
                                organization--
                                            ``(aa) in the case of an 
                                        organization that meets each of 
                                        the other content- and 
                                        viewpoint-neutral institutional 
                                        requirements for such 
                                        recognition but is unable to 
                                        obtain a faculty advisor or 
                                        sponsor, provides for an 
                                        alternative to any requirement 
                                        that a faculty or staff member 
                                        serve as the faculty advisor or 
                                        sponsor as a condition for 
                                        recognition of the student 
                                        organization, which alternative 
                                        may include--

                                                    ``(AA) waiver of 
                                                such requirement; or

                                                    ``(BB) the 
                                                institution assigning a 
                                                faculty or staff member 
                                                to such organization; 
                                                and

                                            ``(bb) does not require a 
                                        faculty or staff member of the 
                                        institution assigned to serve 
                                        as faculty advisor pursuant to 
                                        item (aa)(BB) to participate 
                                        in, or support, the 
                                        organization other than by 
                                        performing the purely 
                                        administrative functions 
                                        required of a faculty advisor.
                            ``(ii) Appeal options for recognition.--
                                    ``(I) In general.--A covered public 
                                institution shall provide an appeals 
                                process by which a student organization 
                                that has been denied recognition by the 
                                institution may appeal to an 
                                institutional appellate entity for 
                                reconsideration.
                                    ``(II) Requirements.--The appeal 
                                process shall--
                                            ``(aa) require the covered 
                                        public institution to provide a 
                                        written explanation for the 
                                        basis for the denial of 
                                        recognition in a timely manner, 
                                        which shall include a copy of 
                                        all policies relied upon by the 
                                        institution as a basis for the 
                                        denial;
                                            ``(bb) require the covered 
                                        public institution to provide 
                                        written notice to the students 
                                        seeking recognition of the 
                                        appeal process and the timeline 
                                        for hearing and resolving the 
                                        appeal;
                                            ``(cc) allow the students 
                                        seeking recognition to obtain 
                                        outside counsel to represent 
                                        them during the appeal; and
                                            ``(dd) ensure that such 
                                        appellate entity did not 
                                        participate in any prior 
                                        proceeding related to the 
                                        denial of recognition to the 
                                        student organization.
                    ``(B) Distribution of funds to student 
                organizations.--A covered public institution that 
                collects a mandatory fee from students for the costs of 
                student activities or events (or both), and provides 
                funds generated from such student fees to one or more 
                recognized student organizations of the institution, 
                shall--
                            ``(i) establish and make publicly available 
                        clear, objective, content- and viewpoint-
                        neutral, and exhaustive standards to be used by 
                        the institution to determine--
                                    ``(I) the total amount of funds 
                                made available for allocations to the 
                                recognized student organizations; and
                                    ``(II) the allocations of such 
                                total amount to individual recognized 
                                student organizations;
                            ``(ii) ensure that allocations are made to 
                        the recognized student organizations in 
                        accordance with the standards established 
                        pursuant to clause (i);
                            ``(iii) upon the request of a recognized 
                        student organization that has been denied all 
                        or a portion of an allocation described in 
                        clause (ii), provide to the organization, in 
                        writing (which may include electronic 
                        communication) and in a timely manner, the 
                        specific reasons for such denial, copies of all 
                        policies relied upon by the institution as 
                        basis for the denial, and information of the 
                        appeals process described in clause (iv); and
                            ``(iv) provide an appeals process by which 
                        a recognized student organization that has been 
                        denied all or a portion of an allocation 
                        described in clause (ii) may appeal to an 
                        institutional appellate entity for 
                        reconsideration, which appeals process--
                                    ``(I) shall require the covered 
                                public institution to provide written 
                                notice to the students seeking an 
                                allocation through the appeal process 
                                and the timeline for hearing and 
                                resolving the appeal;
                                    ``(II) allow the students seeking 
                                an allocation to obtain outside counsel 
                                to represent them during the appeal; 
                                and
                                    ``(III) require the institution to 
                                ensure that such appellate entity did 
                                not participate in any prior proceeding 
                                related to such allocation.
                    ``(C) Assessment of security fees for events.--A 
                covered public institution shall establish and make 
                publicly available clear, objective, content- and 
                viewpoint-neutral, and exhaustive standards to be used 
                by the institution to--
                            ``(i) determine the amount of any security 
                        fee for an event or activity organized by a 
                        student or student organization; and
                            ``(ii) ensure that a determination of such 
                        an amount may not be based, in whole or in 
                        part, on--
                                    ``(I) the content of expression or 
                                viewpoint of the student or student 
                                organization;
                                    ``(II) the content of expression of 
                                the event or activity organized by the 
                                student or student organization;
                                    ``(III) the content of expression 
                                or viewpoint of an invited guest of the 
                                student or student organization; or
                                    ``(IV) an anticipated reaction by 
                                students or the public to the event.
                    ``(D) Protections for invited guests and 
                speakers.--A covered public institution shall establish 
                and make publicly available clear, objective, content- 
                and viewpoint-neutral, and exhaustive standards to be 
                used by the institution related to the safety and 
                protection of speakers and guests who are invited to 
                the institution by a student or student organization.
            ``(2) Definitions.--In this subsection:
                    ``(A) Recognized student organization.--The term 
                `recognized student organization' means a student 
                organization that has been determined by a covered 
                public institution to meet institutional requirements 
                to qualify for certain privileges granted by the 
                institution, such as use of institutional venues, 
                resources, and funding.
                    ``(B) Security fee.--The term `security fee' means 
                a fee charged to a student or student organization for 
                an event or activity organized by the student or 
                student organization on the campus of the institution 
                that is intended to cover some or all of the costs 
                incurred by the institution for additional security 
                measures needed to ensure the security of the 
                institution, students, faculty, staff, or surrounding 
                community as a result of such event or activity.
    ``(b) Equal Campus Access.--A covered public institution shall not 
deny to a religious student organization any right, benefit, or 
privilege that is otherwise afforded to other student organizations at 
the institution (including full access to the facilities of the 
institution and official recognition of the organization by the 
institution) because of the religious beliefs, practices, speech, 
leadership standards, including standards regarding religious identity, 
belief, or practice, or standards of conduct of the religious student 
organization.
    ``(c) Freedom of Association.--
            ``(1) Upholding freedom of association protections.--Any 
        student (or group of students) enrolled in an institution of 
        higher education that receives funds under this Act, including 
        through an institution's participation in any program under 
        title IV, shall--
                    ``(A) subject to paragraph (3)(A), be able to form 
                a single-sex social organization, whether recognized by 
                the institution or not;
                    ``(B) be able to apply to join any single-sex 
                social organization; and
                    ``(C) if selected for membership by any single-sex 
                social organization, be able to join, and participate 
                in, such single-sex organization, subject to its 
                standards for regulating its own membership, as 
                provided under paragraph (3)(C).
            ``(2) Nonretaliation 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--
                    ``(A) 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 paragraph (1), 
                including as a condition of enrolling in the 
                institution;
                    ``(B) 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 on the membership practice of such organization 
                limiting membership only to individuals of one sex; or
                    ``(C) 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.
            ``(3) Rules of construction.--Nothing in this subsection 
        shall--
                    ``(A) require an institution of higher education to 
                officially recognize a single-sex social organization;
                    ``(B) prohibit an institution of higher education 
                from taking an adverse action against a student who 
                organizes, leads, or joins a single-sex social 
                organization--
                            ``(i) due to academic or nonacademic 
                        misconduct; or
                            ``(ii)(I) for public institutions, because 
                        the organization's purpose is directed to 
                        inciting or producing imminent lawless action 
                        and likely to incite or produce such action; or
                            ``(II) for private institutions, because 
                        the organization's purpose is incompatible with 
                        the religious mission of the institution, so 
                        long as that adverse action is not based on the 
                        membership practice of the organization of 
                        limiting membership only to individuals of one 
                        sex;
                    ``(C) prevent a single-sex social organization from 
                regulating its own membership;
                    ``(D) 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
                    ``(E) create enforceable rights against a single-
                sex social organization or against an institution of 
                higher education due to the decision of the 
                organization to deny membership to an individual 
                student.
            ``(4) Definitions.--In this subsection:
                    ``(A) 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:
                            ``(i) 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.
                            ``(ii) An oral or written warning with 
                        respect to an action described in clause (i) 
                        made by an official of an institution of higher 
                        education acting in their official capacity.
                            ``(iii) 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.
                            ``(iv) 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.
                            ``(v) An action to deny or restrict access 
                        to on-campus housing.
                            ``(vi) 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.
                            ``(vii) 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.
                            ``(viii) An action to withdraw the 
                        institution's official recognition of such 
                        organization.
                            ``(ix) 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.
                            ``(x) 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 subsection.
                            ``(xi) An action to impose additional 
                        requirements on advisors serving a single-sex 
                        social organization that are not imposed on all 
                        other student organizations.
                    ``(B) Single-sex social organization.--The term 
                `single-sex social organization' means--
                            ``(i) 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
                            ``(ii) 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.
    ``(d) Construction.--Nothing in this section shall be construed to 
prohibit an institution of higher education from taking any adverse 
action (such as denying or revoking recognition, funding, use of 
institutional venues or resources, or other privileges granted by the 
institution) against a student organization based on the student 
organization having knowingly provided material support or resources to 
an organization designated as a foreign terrorist organization pursuant 
to section 219 of the Immigration and Nationality Act (8 U.S.C. 
1189).''.

SEC. 205. FREE SPEECH ON CAMPUS.

    The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), as 
amended by section 204 of this title, is further amended by inserting 
after section 112C the following new section:

``SEC. 112D. FREE SPEECH ON CAMPUS.

    ``(a) In General.--A covered public institution shall--
            ``(1) at each orientation for new and transfer students, 
        provide students attending the orientation--
                    ``(A) a written statement that--
                            ``(i) explains the rights of students under 
                        the First Amendment to the Constitution;
                            ``(ii) affirms the importance of, and the 
                        commitment of the institution to, freedom of 
                        expression;
                            ``(iii) explains students' protections 
                        under title VI of the Civil Rights Act of 1964 
                        (42 U.S.C. 2000d et seq.) and the procedures 
                        for filing a discrimination claim with the 
                        Office for Civil Rights of the Department of 
                        Education; and
                            ``(iv) includes assurances that students, 
                        and individuals invited by students to speak at 
                        the institution, will not be treated in a 
                        manner that violates the freedom of expression 
                        of such students or individuals; and
                    ``(B) educational programming (including online 
                resources) that describes their free speech rights and 
                responsibilities under the First Amendment to the 
                Constitution; and
            ``(2) post on the publicly accessible website of the 
        institution the statement described in paragraph (1)(A).
    ``(b) Campus Free Speech and Restoration.--
            ``(1) Definition of expressive activities.--In this 
        subsection, the term `expressive activity'--
                    ``(A) includes--
                            ``(i) peacefully assembling, protesting, 
                        speaking, or listening;
                            ``(ii) distributing literature;
                            ``(iii) carrying a sign;
                            ``(iv) circulating a petition; or
                            ``(v) other expressive activities 
                        guaranteed under the First Amendment to the 
                        Constitution;
                    ``(B) applies equally to religious expression as it 
                does to nonreligious expression; and
                    ``(C) does not include unprotected speech (as 
                defined by the precedents of the Supreme Court of the 
                United States).
            ``(2) Expressive activities at an institution.--
                    ``(A) In general.--A covered public institution may 
                not prohibit, subject to subparagraph (B), a person 
                from freely engaging in noncommercial expressive 
                activity in a generally accessible area on the 
                institution's campus if the person's conduct is lawful. 
                The publicly accessible outdoor areas of campuses of 
                public institutions of higher education shall be 
                regulated pursuant to rules applicable to traditional 
                public forums.
                    ``(B) Restrictions.--A covered public institution 
                may not maintain or enforce time, place, or manner 
                restrictions on an expressive activity in a generally 
                accessible area of the institution's campus unless the 
                restriction--
                            ``(i) is narrowly tailored in furtherance 
                        of a significant governmental interest;
                            ``(ii) is based on published, content-
                        neutral, and viewpoint-neutral criteria;
                            ``(iii) leaves open ample alternative 
                        channels for communication; and
                            ``(iv) provides for spontaneous assembly 
                        and distribution of literature.
                    ``(C) Application.--The protections provided under 
                subparagraph (A) do not apply to expressive activity in 
                an area on an institution's campus that is not a 
                generally accessible area.
                    ``(D) Nonapplication to service academies.--This 
                subsection shall not apply to an institution of higher 
                education whose primary purpose is the education of 
                individuals for the military services of the United 
                States, or the merchant marine.
    ``(c) Prohibition on Use of Political Tests.--
            ``(1) In general.--A covered public institution may not 
        consider, require, or discriminate on the basis of a political 
        test in the admission, appointment, hiring, employment, or 
        promotion of any covered individual, or in the granting of 
        tenure to any covered individual.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall be construed--
                    ``(A) to prohibit an institution of higher 
                education whose primary purpose is the education of 
                individuals for the military services of the United 
                States, or the merchant marine, from requiring an 
                applicant, student, or employee to take an oath to 
                uphold the Constitution of the United States;
                    ``(B) to prohibit an institution of higher 
                education from requiring a student, faculty member, or 
                employee to comply with Federal or State 
                antidiscrimination laws or from taking action against a 
                student, faculty member, or employee for violations of 
                Federal or State anti-discrimination laws, as 
                applicable;
                    ``(C) to prohibit an institution of higher 
                education from evaluating a prospective student, an 
                employee, or a prospective employee based on their 
                knowingly providing material support or resources to an 
                organization designated as a foreign terrorist 
                organization pursuant to section 219 of the Immigration 
                and Nationality Act (8 U.S.C. 1189);
                    ``(D) to prohibit an institution of higher 
                education from considering the subject-matter 
                competency including the research and creative works, 
                of any candidate for a faculty position or faculty 
                member considered for promotion when the subject matter 
                is germane to their given field of scholarship; or
                    ``(E) to apply to activities of registered student 
                organizations.
            ``(3) Definitions.--In this subsection:
                    ``(A) Covered individual.--The term `covered 
                individual' means, with respect to an institution of 
                higher education that is a public institution--
                            ``(i) a prospective student who has 
                        submitted an application to attend such 
                        institution;
                            ``(ii) a student who attends such 
                        institution;
                            ``(iii) a prospective employee who has 
                        submitted an application to work at such 
                        institution;
                            ``(iv) an employee who works at such 
                        institution;
                            ``(v) a prospective faculty member who has 
                        submitted an application to work at such 
                        institution; and
                            ``(vi) a faculty member who works at such 
                        institution.
                    ``(B) Material support or resources.--The term 
                `material support or resources' has the meaning given 
                that term in section 2339A of title 18, United States 
                Code (including the definitions of `training' and 
                `expert advice or assistance' in that section).
                    ``(C) 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--
                            ``(i) supports or opposes a specific 
                        partisan or political set of beliefs;
                            ``(ii) supports or opposes a particular 
                        viewpoint on a social or political issue; or
                            ``(iii) promotes the disparate treatment of 
                        any individual or group of individuals on the 
                        basis of race, color, religion or national 
                        origin, 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.''.

SEC. 206. ENFORCEMENT.

    (a) 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)(A) The institution will comply with all the 
        requirements of sections 112B.
            ``(B) An institution that fails to comply with section 112B 
        shall--
                    ``(i) be ineligible to participate in the programs 
                authorized by this title for a period of not less than 
                1 award year; and
                    ``(ii) in order to regain eligibility to 
                participate in such programs, demonstrate compliance 
                with all requirements of such section for not less than 
                one award year after the award year in which such 
                institution became ineligible.''.
    (b) Cause of Action.--The Higher Education Act of 1965 (20 U.S.C. 
1001 et seq.), as amended by section 205 of this title, is further 
amended by inserting after section 112D the following new section:

``SEC. 112E. ENFORCEMENT.

    ``(a) Cause of Action.--
            ``(1) Civil action.--After exhaustion of any available 
        appeals under section 112C(a), an aggrieved individual who, or 
        an aggrieved organization that, is harmed by the maintenance of 
        a policy or practice by a covered public institution that is in 
        violation of a requirement described in section 112B, 112C, or 
        112D may bring a civil action in a Federal court for 
        appropriate relief.
            ``(2) Appropriate relief.--For the purposes of this 
        subsection, appropriate relief includes--
                    ``(A) a temporary or permanent injunction; and
                    ``(B) awarding a prevailing plaintiff--
                            ``(i) compensatory damages;
                            ``(ii) reasonable court costs; and
                            ``(iii) reasonable attorney's fees.
            ``(3) Statute of limitations.--A civil action under this 
        subsection may not be commenced later than 2 years after the 
        cause of action accrues. For purposes of calculating the two-
        year limitation period, each day that the violation of a 
        requirement described in section 112B, 112C, or 112D persists, 
        and each day that a policy in violation of a requirement 
        described in section 112B, 112C, or 112D remains in effect, 
        shall constitute a new day that the cause of action has 
        accrued.
    ``(b) Nondefault, Final Judgment.--In the case of a court's 
nondefault, final judgment in a civil action brought under subsection 
(a) that a covered public institution is in violation of a requirement 
described in section 112B, 112C, or 112D, such covered public 
institution shall--
            ``(1) not later than 7 days after the date on which the 
        court makes such a nondefault, final judgment, notify the 
        Secretary of such judgment and submit to the Secretary a copy 
        of the nondefault, final judgment; and
            ``(2) not later than 30 days after the date on which the 
        court makes such a nondefault, final judgment, submit to the 
        Secretary a report that--
                    ``(A) certifies that the standard, policy, 
                practice, or procedure that is in violation of the 
                requirement described in section 112B, 112C, or 112D is 
                no longer in use; and
                    ``(B) provides evidence to support such 
                certification.
    ``(c) Revocation of Eligibility.--In the case of a covered public 
institution that does not notify the Secretary as required under 
subsection (b)(1) or submit the report required under subsection 
(b)(2), the Secretary shall revoke the eligibility of such institution 
to participate in a program authorized under title IV for each award 
year following the conclusion of the award year in which a court made a 
nondefault, final judgment in a civil action brought under subsection 
(a) that the institution is in violation of a requirement described in 
section 112B, 112C, or 112D.
    ``(d) Restoration of Eligibility.--
            ``(1) In general.--A covered public institution that loses 
        eligibility under subsection (c) to participate in a program 
        authorized under title IV may seek to restore such eligibility 
        by submitting to the Secretary the report described in 
        subsection (b)(2).
            ``(2) Determination by the secretary.--Not later than 90 
        days after a covered public institution submits a report under 
        paragraph (1), 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 a requirement described in section 112B, 
        112C, or 112D.
            ``(3) Restoration.--If the Secretary makes a determination 
        under paragraph (2) that the covered public institution is no 
        longer in violation of a requirement described in section 112B, 
        112C, or 112D, the Secretary shall restore the eligibility of 
        such institution to participate in a program authorized under 
        title IV for each award year following the conclusion of the 
        award year in which such determination is made.
    ``(e) Report to Congress.--Not later than 1 year after the date of 
the enactment of this section, and on an annual basis thereafter, the 
Secretary shall submit to the Committee on Education and the Workforce 
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)(1) in the year for 
                which such report is being submitted; and
                    ``(B) the reports submitted to the Secretary under 
                subsection (b)(2) for such year; and
            ``(2) any action taken by the Secretary to revoke or 
        restore eligibility under subsections (c) and (d) for such 
        year.
    ``(f) Voluntary Waiver of State and Local Sovereign Immunity as 
Condition of Receiving Federal Funding.--The receipt, on or after the 
date of enactment of this section, of any Federal funding under title 
IV of this Act by a State or political subdivision of a State 
(including any municipal or county government) is deemed to constitute 
a clear and unequivocal expression of, and agreement to, waiving 
sovereign immunity under the 11th Amendment to the Constitution or 
otherwise, to a civil action for injunctive relief, compensatory 
damages, court costs, and attorney's fees under this section.
    ``(g) Definition.--In this section, the term `nondefault, final 
judgment' means a final judgment by a court for a civil action brought 
under subsection (a) that a covered public institution is in violation 
of a requirement described in section 112B, 112C, or 112D that the 
covered public institution chooses not to appeal or that is not subject 
to further appeal.''.

SEC. 207. SENSE OF CONGRESS RELATING TO ACTS OF VIOLENCE ON CAMPUS.

    It is the sense of Congress that acts of violence committed on the 
campus of an institution of higher education are not protected under 
the First Amendment to the Constitution.

            Passed the House of Representatives September 19, 2024.

            Attest:

                                                                 Clerk.
118th CONGRESS

  2d Session

                               H. R. 3724

_______________________________________________________________________

                                 AN ACT

   To amend the Higher Education Act of 1965 to prohibit recognized 
 accrediting agencies and associations from requiring, encouraging, or 
coercing institutions of higher education to meet any political litmus 
test or violate any right protected by the Constitution as a condition 
                           of accreditation.