[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3724 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
2d Session
H. R. 3724
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 23, 2024
Received; read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
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:
KEVIN F. MCCUMBER,
Clerk.