,i #aagth ,,congress #b;d ,session ,h4 ,r4 #hide ,,in ,,the ,,house ,,of ,,representatives ,september #ba1 #bjbb,ms4 ,stefanik 7for herself1 ,mr4 ,keller1 and ,mr4 ,grothman7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to amend the ,higher ,education ,act of #aife to prohibit the use of political tests in the selection1 hiring1 or promotion of students or faculty at institutions of higher education1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,restoring ,academic ,freedom on ,campus ,act of #bjbb4 #b4 ,amendments to the ,higher ,education ,act of #aife 7a7 ,prohibition on use of political tests ,part ,b of title ,i of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa et seq47 is amended by adding at the end the following3 #abd4 ,prohibition on use of political tests 7a7 ,prohibition on political tests ,an institution of higher education that receives funds under this ,act1 including through participation in a program authorized under title ,,iv1 may not consider1 require1 or discriminate on the basis of a political test in the admission1 appointment1 or promotion of1 or granting of tenure to1 any covered individual4 7b7 ,enforcement 7#a7 ,cause of action 7,a7 ,authorization ,a covered individual that applies to1 attends1 or works at an institution of higher education claiming that the institution maintains a policy or practice that is a political test in violation of the prohibition described in subsection 7a7 may bring an action in a ,federal court of competent jurisdiction to-- 7i7 enjoin a violation of the prohibition described in subsection 7a72 or 7ii7 recover compensatory damages1 reasonable court costs1 or reasonable attorney fees4 7,b7 ,actions ,in an action brought under this paragraph1 if the court finds a violation of the prohibition described in subsection 7a71 the court may-- 7i7 enjoin the violation2 or 7ii7 award a prevailing plaintiff-- 7,i7 compensatory damages2 7,,ii7 reasonable court costs2 or 7,,iii7 reasonable attorney fees4 7,c7 ,waiver of immunity ,a ,state shall not be immune under the ,eleventh ,amendment to the ,constitution of the ,united ,states from an action under this paragraph4 7,d7 ,statute of limitations ,an action under this paragraph may not be brought later than #b years after the date of the violation4 7#b7 ,in general ,if a court finds under paragraph 7#a7 that an institution of higher education maintains a policy or practice that is a political test in violation of the prohibition described in subsection 7a71 such institution shall-- 7,a7 not later than #g days after the date on which the court makes such finding1 notify the ,secretary of such finding2 and 7,b7 not later than #cj days after the date on which the court makes such finding1 submit to the ,secretary a report that-- 7i7 certifies that the policy or practice that is a political test in violation of the prohibition described in subsection 7a7 is no longer in use2 and 7ii7 provides evidence to support such certification4 7#c7 ,revocation of eligibility ,in the case of an institution that does not submit the report required under paragraph 7#b77;,b71 the ,secretary shall revoke1 beginning the academic year immediately following the conclusion of the academic year in which the institution is found by a court to be in violation of the prohibition described in subsection 7a71 the eligibility of such institution to receive funds under this ,act1 including through participation in a program authorized under title ,,iv4 7#d7 ,restoration of eligibility 7,a7 ,an institution of higher education that loses eligibility under paragraph 7#c7 to receive funds under this ,act may seek to restore such eligibility by submitting to the ,secretary the report described in paragraph 7#b77;,b74 7,b7 ,not later than #ij days after an institution submits a report under subparagraph 7,a71 the ,secretary shall review such report and make a determination with respect to whether such report contained sufficient evidence to demonstrate that such institution is no longer in violation of the prohibition described in subsection 7a74 7,c7 ,if the ,secretary makes a determination under subparagraph 7,b7 that the institution is no longer in violation of the prohibition described in subsection 7a71 the ,secretary shall restore1 at the beginning of the academic year immediately following the conclusion of the academic year in which such determination is made1 the eligibility of such institution to receive funds under this ,act1 including through participation in a program authorized under title ,,iv4 7c7 ,rule of construction ,nothing in this section shall be construed to-- 7#a7 prohibit an institution of higher education from requiring an applicant1 student1 or employee to take an oath to uphold the ,constitution of the ,united ,states2 7#b7 prohibit an institution of higher education which is controlled by a religious organization from requiring an applicant1 student1 or employee to-- 7,a7 provide a statement of faith2 or 7,b7 adhere to a code of conduct consistent with the stated religious mission of such institution or the religious tenets of such organization2 or 7#c7 infringe upon or otherwise impact the protections of an institution of higher education under title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 and title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq474 7d7 ,report to ,congress ,not later than #a year after the date of the enactment of the ,restoring ,academic ,freedom on ,campus ,act of #bjbb and on an annual basis thereafter1 the ,secretary shall submit to the ,committee on ,education and ,labor of the ,house of ,representatives and the ,senate ,committee on ,health1 ,education1 ,labor1 and ,pensions a report that includes-- 7#a7 a compilation of-- 7,a7 the notifications of violation received by the ,secretary under subsection 7b77#b77;,a7 in the year for which such report is being submitted2 and 7,b7 the reports submitted to the ,secretary under subsection 7b77#b77;,b7 for such year2 and 7#b7 any action taken by the ,secretary revoke or restore eligibility under paragraphs 7#c7 and 7#d7 of subsection 7b7 for such year4 7e7 ,definitions ,in this section3 7#a7 ,covered individual ,the term covered individual means1 with respect to an institution of higher education-- 7,a7 a prospective student who has submitted an application to attend such institution2 7,b7 a student who attends such institution2 7,c7 a prospective employee who has submitted an application to work at such institution2 7,d7 an employee who works at such institution2 7,e7 a prospective faculty member who has submitted an application to work at such institution2 and 7,f7 a faculty member who works at such institution4 7#b7 ,political test ,the term political test means a method of compelling or soliciting an applicant for enrollment or employment1 student1 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-- 7,a7 promotes a specific partisan or political set of beliefs2 7,b7 promotes a particular viewpoint on an issue of public controversy2 or 7,c7 promotes the disparate treatment of any individual or group of individuals on the basis of race or ethnicity1 including-- 7i7 any initiative or formulation of diversity1 equity1 and inclusion beyond upholding existing ,federal law2 or 7ii7 any theory or practice that holds that systems or institutions upholding existing ,federal law are racist1 oppressive1 or otherwise unjust4 4 7b7 ,program participation agreement ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77 is amended by adding at the end the following3 7#cj7 ,the institution will comply with the requirements of section #abd4 4