End Woke Higher Education Act

IIB 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 re- quiring, 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:35 Sep 24, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3724.RFS H3724 ssavage on LAPJG3WLY3PROD with BILLS 2 HR 3724 RFS SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘End Woke Higher Education Act’’. 3 (b) TABLE OF CONTENTS.—The table of contents for 4 this Act is as follows: 5 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 6 COLLEGE EXCELLENCE 7 SEC. 101. SHORT TITLE. 8 This title may be cited as the ‘‘Accreditation for Col- 9 lege Excellence Act of 2024’’. 10 SEC. 102. PROHIBITION ON POLITICAL LITMUS TESTS IN 11 ACCREDITATION OF INSTITUTIONS OF HIGH- 12 ER EDUCATION. 13 (a) OPERATING PROCEDURES REQUIRED.—Section 14 496(c) of the Higher Education Act of 1965 (20 U.S.C. 15 1099b(c)) is amended— 16 VerDate Sep 11 2014 00:35 Sep 24, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3724.RFS H3724 ssavage on LAPJG3WLY3PROD with BILLS 3 HR 3724 RFS (1) by striking ‘‘and’’ at the end of paragraph 1 (8); 2 (2) in paragraph (9), by striking the period at 3 the end and inserting ‘‘; and’’; and 4 (3) by adding at the end the following: 5 ‘‘(10) confirms that the standards for accredita- 6 tion of the agency or association do not— 7 ‘‘(A) except as provided in subparagraph 8 (B)— 9 ‘‘(i) require, encourage, or coerce any 10 institution to— 11 ‘‘(I) support, oppose, or commit 12 to supporting or opposing— 13 ‘‘(aa) a specific partisan, po- 14 litical, or ideological viewpoint or 15 belief or set of such viewpoints or 16 beliefs; or 17 ‘‘(bb) a a specific viewpoint 18 or belief or set of viewpoints or 19 beliefs on social, cultural, or po- 20 litical issues; or 21 ‘‘(II) support or commit to sup- 22 porting the disparate treatment of any 23 individual or group of individuals on 24 the basis of any protected class under 25 VerDate Sep 11 2014 00:35 Sep 24, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3724.RFS H3724 ssavage on LAPJG3WLY3PROD with BILLS 4 HR 3724 RFS Federal civil rights law, except as re- 1 quired by Federal law or a court 2 order; or 3 ‘‘(ii) assess an institution’s or pro- 4 gram of study’s commitment to any ide- 5 ology, belief, or viewpoint; 6 ‘‘(B) prohibit an institution— 7 ‘‘(i) from having a religious mission, 8 operating as a religious institution, or 9 being controlled by a religious organization 10 (in a manner described in paragraph (1), 11 (2), (3), (4), (5), or (6) of section 12 106.12(c) of title 34, Code of Federal Reg- 13 ulations (as in effect on the date of the en- 14 actment of this paragraph)), or from re- 15 quiring an applicant, student, employee, or 16 independent contractor (such as an adjunct 17 professor) of such an institution to— 18 ‘‘(I) provide or adhere to a state- 19 ment of faith; or 20 ‘‘(II) adhere to a code of conduct 21 consistent with the stated religious 22 mission of such institution or the reli- 23 gious tenets of such organization; or 24 VerDate Sep 11 2014 00:35 Sep 24, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3724.RFS H3724 ssavage on LAPJG3WLY3PROD with BILLS 5 HR 3724 RFS ‘‘(ii) from requiring an applicant, stu- 1 dent, employee, or contractor to take an 2 oath to uphold the Constitution of the 3 United States; or 4 ‘‘(C) require, encourage, or coerce an insti- 5 tution of higher education to violate any right 6 protected by the Constitution.’’. 7 (b) LIMITATION ON SCOPE OF CRITERIA.—Section 8 496(g) of the Higher Education Act of 1965 (20 U.S.C. 9 1099b(g)) is amended to read as follows: 10 ‘‘(g) LIMITATION ON SCOPE OF CRITERIA.— 11 ‘‘(1) IN GENERAL.—The Secretary shall not es- 12 tablish criteria for accrediting agencies or associa- 13 tions that are not required by this section. 14 ‘‘(2) INSTITUTIONAL ELIGIBILITY.—An institu- 15 tion of higher education shall be eligible for partici- 16 pation in programs under this title if the institution 17 is in compliance with the standards of its accrediting 18 agency or association that assess the institution in 19 accordance with subsection (a)(5), regardless of any 20 additional standards adopted by the agency or asso- 21 ciation for purposes unrelated to participation in 22 programs under this title.’’. 23 VerDate Sep 11 2014 00:35 Sep 24, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3724.RFS H3724 ssavage on LAPJG3WLY3PROD with BILLS 6 HR 3724 RFS SEC. 103. RULE OF CONSTRUCTION. 1 Nothing in this title prevents religious accreditors 2 from holding and enforcing religious standards on institu- 3 tions they choose to accredit. 4 TITLE II—RESPECTING THE 5 FIRST AMENDMENT ON CAMPUS 6 SEC. 201. SHORT TITLE. 7 This title may be cited as the ‘‘Respecting the First 8 Amendment on Campus Act’’. 9 SEC. 202. SENSE OF CONGRESS. 10 The Higher Education Act of 1965 (20 U.S.C. 1001 11 et seq.) is amended by inserting after section 112 the fol- 12 lowing new section: 13 ‘‘SEC. 112A. SENSE OF CONGRESS; CONSTRUCTION; DEFINI- 14 TION. 15 ‘‘(a) SENSE OF CONGRESS.— 16 ‘‘(1) ADOPTION OF CHICAGO PRINCIPLES.—The 17 Congress— 18 ‘‘(A) recognizes that free expression, open 19 inquiry, and the honest exchange of ideas are 20 fundamental to higher education; 21 ‘‘(B) acknowledges the profound contribu- 22 tion of the Chicago Principles to the freedom of 23 speech and expression; and 24 ‘‘(C) calls on nonsectarian institutions of 25 higher education to adopt the Chicago Prin- 26 VerDate Sep 11 2014 00:35 Sep 24, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3724.RFS H3724 ssavage on LAPJG3WLY3PROD with BILLS 7 HR 3724 RFS ciples or substantially similar principles with re- 1 spect to institutional mission that emphasizes a 2 commitment to freedom of speech and expres- 3 sion on university campuses and to develop and 4 consistently implement policies accordingly. 5 ‘‘(2) POLITICAL LITMUS TESTS.—The Con- 6 gress— 7 ‘‘(A) condemns public institutions of high- 8 er education for conditioning admission to any 9 student applicant, or the hiring, reappointment, 10 or promotion of any faculty member, on the ap- 11 plicant or faculty member pledging allegiance to 12 or making a statement of personal support for 13 or opposition to any political ideology or move- 14 ment, including a pledge or statement regarding 15 diversity, equity, and inclusion, or related top- 16 ics; and 17 ‘‘(B) discourages any institution from re- 18 questing or requiring any such pledge or state- 19 ment from an applicant or faculty member, as 20 such actions are antithetical to the freedom of 21 speech protected by the First Amendment to 22 the Constitution. 23 ‘‘(b) CONSTRUCTION.—Nothing in sections 112B 24 through 112E shall be construed to infringe upon, or oth- 25 VerDate Sep 11 2014 00:35 Sep 24, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3724.RFS H3724 ssavage on LAPJG3WLY3PROD with BILLS 8 HR 3724 RFS erwise impact, the protections provided to individuals 1 under titles VI and VII of the Civil Rights Act of 1964 2 (42 U.S.C. 2000d et seq.). 3 ‘‘(c) DEFINITION.—For purposes of sections 112C, 4 112D, and 112E, the term ‘covered public institution’ 5 means an institution of higher education that is— 6 ‘‘(1) a public institution; and 7 ‘‘(2) participating in a program authorized 8 under title IV.’’. 9 SEC. 203. DISCLOSURE OF FREE SPEECH POLICIES. 10 The Higher Education Act of 1965 (20 U.S.C. 1001 11 et seq.), as amended by section 202 of this title, is further 12 amended by inserting after section 112A the following new 13 section: 14 ‘‘SEC. 112B. DISCLOSURE OF POLICIES RELATED TO FREE- 15 DOM OF SPEECH, ASSOCIATION, AND RELI- 16 GION. 17 ‘‘(a) IN GENERAL.—No institution of higher edu- 18 cation shall be eligible to participate in any program under 19 title IV unless the institution certifies to the Secretary 20 that the institution has annually disclosed to current and 21 prospective students and faculty— 22 ‘‘(1) any policies held by the institutions related 23 to— 24 VerDate Sep 11 2014 00:35 Sep 24, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3724.RFS H3724 ssavage on LAPJG3WLY3PROD with BILLS 9 HR 3724 RFS ‘‘(A) speech on campus, including policies 1 limiting— 2 ‘‘(i) the time when such speech may 3 occur; 4 ‘‘(ii) the place where such speech may 5 occur; or 6 ‘‘(iii) the manner in which such 7 speech may occur; 8 ‘‘(B) freedom of association, if applicable; 9 and 10 ‘‘(C) freedom of religion, if applicable; and 11 ‘‘(2) the right to a cause of action under section 12 112E, if the institution is a public institution. 13 ‘‘(b) INTENDED BENEFICIARIES.—The certification 14 specified in subsection (a) shall include an acknowledg- 15 ment from the institution that the students and faculty 16 are the intended beneficiaries of the policies disclosed in 17 the certification.’’. 18 SEC. 204. FREEDOM OF ASSOCIATION AND RELIGION. 19 The Higher Education Act of 1965 (20 U.S.C. 1001 20 et seq.), as amended by section 203 of this title, is further 21 amended by inserting after section 112B the following new 22 section: 23 VerDate Sep 11 2014 00:35 Sep 24, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3724.RFS H3724 ssavage on LAPJG3WLY3PROD with BILLS 10 HR 3724 RFS ‘‘SEC. 112C. FREEDOM OF ASSOCIATION AND RELIGION. 1 ‘‘(a) STUDENTS’ BILL OF RIGHTS TO FURTHER PRO- 2 TECT SPEECH AND ASSOCIATION.— 3 ‘‘(1) PROTECTED RIGHTS.—A covered public in- 4 stitution shall comply with the following require- 5 ments: 6 ‘‘(A) RECOGNIZED STUDENT ORGANIZA- 7 TIONS.—A covered public institution that has 8 recognized student organizations shall comply 9 with the following requirements: 10 ‘‘(i) FACULTY ADVISORS.— 11 ‘‘(I) IN GENERAL.—A covered 12 public institution may not deny rec- 13 ognition to a student organization be- 14 cause the organization is unable to ob- 15 tain a faculty advisor or sponsor, if 16 the organization meets each of the 17 other content- and viewpoint-neutral 18 institutional requirements for such 19 recognition. 20 ‘‘(II) ALTERNATIVE.—An institu- 21 tion described in subclause (I) shall 22 ensure that any policy or practice re- 23 lated to the recognition of a student 24 organization— 25 VerDate Sep 11 2014 00:35 Sep 24, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3724.RFS H3724 ssavage on LAPJG3WLY3PROD with BILLS 11 HR 3724 RFS ‘‘(aa) in the case of an orga- 1 nization that meets each of the 2 other content- and viewpoint-neu- 3 tral institutional requirements for 4 such recognition but is unable to 5 obtain a faculty advisor or spon- 6 sor, provides for an alternative to 7 any requirement that a faculty or 8 staff member serve as the faculty 9 advisor or sponsor as a condition 10 for recognition of the student or- 11 ganization, which alternative may 12 include— 13 ‘‘(AA) waiver of such 14 requirement; or 15 ‘‘(BB) the institution 16 assigning a faculty or staff 17 member to such organiza- 18 tion; and 19 ‘‘(bb) does not require a fac- 20 ulty or staff member of the insti- 21 tution assigned to serve as fac- 22 ulty advisor pursuant to item 23 (aa)(BB) to participate in, or 24 support, the organization other 25 VerDate Sep 11 2014 00:35 Sep 24, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3724.RFS H3724 ssavage on LAPJG3WLY3PROD with BILLS 12 HR 3724 RFS than by performing the purely 1 administrative functions required 2 of a faculty advisor. 3 ‘‘(ii) APPEAL OPTIONS FOR RECOGNI- 4 TION.— 5 ‘‘(I) IN GENERAL.—A covered 6 public institution shall provide an ap- 7 peals process by which a student orga- 8 nization that has been denied recogni- 9 tion by the institution may appeal to 10 an institutional appellate entity for re- 11 consideration. 12 ‘‘(II) REQUIREMENTS.—The ap- 13 peal process shall— 14 ‘‘(aa) require the covered 15 public institution to provide a 16 written explanation for the basis 17 for the denial of recognition in a 18 timely manner, which shall in- 19 clude a copy of all policies relied 20 upon by the institution as a basis 21 for the denial; 22 ‘‘(bb) require the covered 23 public institution to provide writ- 24 ten notice to the students seeking 25 VerDate Sep 11 2014 00:35 Sep 24, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3724.RFS H3724 ssavage on LAPJG3WLY3PROD with BILLS 13 HR 3724 RFS recognition of the appeal process 1 and the timeline for hearing and 2 resolving the appeal; 3 ‘‘(cc) allow the students 4 seeking recognition to obtain out- 5 side counsel to represent them 6 during the appeal; and 7 ‘‘(dd) ensure that such ap- 8 pellate entity did not participate 9 in any prior proceeding related to 10 the denial of recognition to the 11 student organization. 12 ‘‘(B) DISTRIBUTION OF FUNDS TO STU- 13 DENT ORGANIZATIONS.—A covered public insti- 14 tution that collects a mandatory fee from stu- 15 dents for the costs of student activities or 16 events (or both), and provides funds generated 17 from such student fees to one or more recog- 18 nized student organizations of the institution, 19 shall— 20 ‘‘(i) establish and make publicly avail- 21 able clear, objective, content- and view- 22 point-neutral, and exhaustive standards to 23 be used by the institution to determine— 24 VerDate Sep 11 2014 00:35 Sep 24, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3724.RFS H3724 ssavage on LAPJG3WLY3PROD with BILLS 14 HR 3724 RFS ‘‘(I) the total amount of funds 1 made available for allocations to the 2 recognized student organizations; and 3 ‘‘(II) the allocations of such total 4 amount to individual recognized stu- 5 dent organizations; 6 ‘‘(ii) ensure t [Text truncated for display. 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