,,ib ,union ,calendar ,no4 #chg #aahth ,,congress #b;d ,session ,h4 ,r4 #gfhc ,report ,no4 #aah-dfh ,,in ,,the ,,house ,,of ,,representatives ,march #ae1 #bjbd,mr4 ,williams of ,new ,york 7for himself1 ,mr4 ,thompson of ,pennsylvania1 and ,ms4 ,foxx7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,april #bf1 #bjbd;,additional sponsors3 ,mr4 ,owens1 ,mr4 ,wilson of ,south ,carolina1 ,mr4 ,kiley1 ,mrs4 ,mc,clain1 ,mr4 ,walberg1 ,mrs4 ,houchin1 ,mr4 ,crenshaw1 ,mr4 ,allen1 ,mrs4 ,chavez-,de,remer1 ,mr4 ,harris1 ,mrs4 ,steel1 ,mr4 ,bean of ,florida1 ,mr4 ,banks1 ,mr4 ,burlison1 ,mrs4 ,miller of ,illinois1 ,mr4 ,van ,drew1 and ,mr4 ,higgins of ,louisiana ,april #bf1 #bjbd,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,march #ae1 #bjad ,a ,,bill ,to amend the ,higher ,education ,act of #aife to require institutions of higher education to adopt and adhere to principles of free speech1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,respecting the ,first ,amendment on ,campus ,act4 #b4 ,sense of ,congress ,the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 is amended by inserting after section #aab the following new section3 #aab;,a4 ,sense of ,congress2 construction2 definition 7a7 ,sense of ,congress 7#a7 ,adoption of ,chicago ,principles ,the ,congress-- 7,a7 recognizes that free expression1 open inquiry1 and the honest exchange of ideas are fundamental to higher education2 7,b7 acknowledges the profound contribution of the ,chicago ,principles to the freedom of speech and expression2 and 7,c7 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 accordingly4 7#b7 ,political litmus tests ,the ,congress-- 7,a7 condemns public institutions of higher education for conditioning admission to any student applicant1 or the hiring1 reappointment1 or promotion of any faculty member1 on the applicant or faculty member pledging allegiance to or making a statement of personal support for or opposition to any political ideology or movement1 including a pledge or statement regarding diversity1 equity1 and inclusion1 or related topics2 and 7,b7 discourages any institution from requesting or requiring any such pledge or statement from an applicant or faculty member1 as such actions are antithetical to the freedom of speech protected by the ,first ,amendment to the ,constitution4 7b7 ,construction ,nothing in sections #aab;,b through #aab;,e shall be construed to infringe upon1 or otherwise impact1 the protections provided to individuals under titles ,,vi and ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 7c7 ,definition ,for purposes of sections #aab;,c1 #aab;,d1 and #aab;,e1 the term covered public institution means an institution of higher education that is-- 7#a7 a public institution2 and 7#b7 participating in a program authorized under title ,,iv4 4 #c4 ,disclosure of free speech policies ,the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq471 as amended by section #b of this ,act1 is further amended by inserting after section #aab;,a the following new section3 #aab;,b4 ,disclosure of policies related to freedom of speech1 association1 and religion 7a7 ,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-- 7#a7 any policies held by the institutions related to-- 7,a7 speech on campus1 including policies limiting-- 7i7 the time when such speech may occur2 7ii7 the place where such speech may occur2 or 7iii7 the manner in which such speech may occur2 7,b7 freedom of association1 if applicable2 and 7,c7 freedom of religion1 if applicable2 and 7#b7 the right to a cause of action under section #aab;,e1 if the institution is a public institution4 7b7 ,intended beneficiaries ,the certification specified in subsection 7a7 shall include an acknowledgment from the institution that the students and faculty are the intended beneficiaries of the policies disclosed in the certification4 4 #d4 ,freedom of association and religion ,the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq471 as amended by section #c of this ,act1 is further amended by inserting after section #aab;,b the following new section3 #aab;,c4 ,freedom of association and religion 7a7 ,students' bill of rights to further protect speech and association 7#a7 ,protected rights ,a covered public institution shall comply with the following requirements3 7,a7 ,recognized student organizations ,a covered public institution that has recognized student organizations shall comply with the following requirements3 7i7 ,faculty advisors 7,i7 ,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 sponsor1 if the organization meets each of the other content- and viewpoint-neutral institutional requirements for such recognition4 7,,ii7 ,alternative ,an institution described in subclause 7,i7 shall ensure that any policy or practice related to the recognition of a student organization-- 7aa7 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 sponsor1 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 organization1 which alternative may include-- 7,,aa7 waiver of such requirement2 or 7,,bb7 the institution assigning a faculty or staff member to such organization2 and 7bb7 does not require a faculty or staff member of the institution assigned to serve as faculty advisor pursuant to item 7aa77,,bb7 to participate in1 or support1 the organization other than by performing the purely administrative functions required of a faculty advisor4 7ii7 ,appeal options for recognition 7,i7 ,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 reconsideration4 7,,ii7 ,requirements ,the appeal process shall-- 7aa7 require the covered public institution to provide a written explanation for the basis for the denial of recognition in a timely manner1 which shall include a copy of all policies relied upon by the institution as a basis for the denial2 7bb7 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 appeal2 7cc7 allow the students seeking recognition to obtain outside counsel to represent them during the appeal2 and 7dd7 ensure that such appellate entity did not participate in any prior proceeding related to the denial of recognition to the student organization4 7,b7 ,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 7or both71 and provides funds generated from such student fees to one or more recognized student organizations of the institution1 shall-- 7i7 establish and make publicly available clear1 objective1 content- and viewpoint-neutral1 and exhaustive standards to be used by the institution to determine-- 7,i7 the total amount of funds made available for allocations to the recognized student organizations2 and 7,,ii7 the allocations of such total amount to individual recognized student organizations2 7ii7 ensure that allocations are made to the recognized student organizations in accordance with the standards established pursuant to clause 7i72 7iii7 upon the request of a recognized student organization that has been denied all or a portion of an allocation described in clause 7ii71 provide to the organization1 in writing 7which may include electronic communication7 and in a timely manner1 the specific reasons for such denial1 copies of all policies relied upon by the institution as basis for the denial1 and information of the appeals process described in clause 7iv72 and 7iv7 provide an appeals process by which a recognized student organization that has been denied all or a portion of an allocation described in clause 7ii7 may appeal to an institutional appellate entity for reconsideration1 which appeals process-- 7,i7 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 appeal2 7,,ii7 allow the students seeking an allocation to obtain outside counsel to represent them during the appeal2 and 7,,iii7 require the institution to ensure that such appellate entity did not participate in any prior proceeding related to such allocation4 7,c7 ,assessment of security fees for events ,a covered public institution shall establish and make publicly available clear1 objective1 content- and viewpoint-neutral1 and exhaustive standards to be used by the institution to-- 7i7 determine the amount of any security fee for an event or activity organized by a student or student organization2 and 7ii7 ensure that a determination of such an amount may not be based1 in whole or in part1 on-- 7,i7 the content of expression or viewpoint of the student or student organization2 7,,ii7 the content of expression of the event or activity organized by the student or student organization2 7,,iii7 the content of expression or viewpoint of an invited guest of the student or student organization2 or 7,,iv7 an anticipated reaction by students or the public to the event4 7,d7 ,protections for invited guests and speakers ,a covered public institution shall establish and make publicly available clear1 objective1 content- and viewpoint-neutral1 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 organization4 7#b7 ,definitions ,in this subsection3 7,a7 ,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 institution1 such as use of institutional venues1 resources1 and funding4 7,b7 ,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 institution1 students1 faculty1 staff1 or surrounding community as a result of such event or activity4 7b7 ,equal campus access ,a covered public institution shall not deny to a religious student organization any right1 benefit1 or privilege that is otherwise afforded to other student organizations at the institution 7including full access to the facilities of the institution and official recognition of the organization by the institution7 because of the religious beliefs1 practices1 speech1 leadership standards1 or standards of conduct of the religious student organization4 7c7 ,freedom of association 7#a7 ,upholding freedom of association protections ,any student 7or group of students7 enrolled in an institution of higher education that receives funds under this ,act1 including through an institution's participation in any program under title ,,iv1 shall-- 7,a7 subject to paragraph 7#c77;,a71 be able to form a single-sex social organization1 whether recognized by the institution or not2 and 7,b7 be able to apply to join any single-sex social organization2 and 7,c7 if selected for membership by any single-sex social organization1 be able to join1 and participate in1 such single-sex organization1 subject to its standards for regulating its own membership1 as provided under paragraph 7#c77;,c74 7#b7 ,nonretaliation against students of single-sex social organizations ,an institution of higher education that receives funds under this ,act1 including through an institution's participation in any program under title ,,iv1 shall not-- 7,a7 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 7#a71 including as a condition of enrolling in the institution2 7,b7 take any adverse action against a single-sex social organization1 or a student who is a member or a prospective member of a single-sex social organization1 based on the membership practice of such organization limiting membership only to individuals of one sex2 or 7,c7 impose a recruitment restriction 7including a recruitment restriction relating to the schedule for membership recruitment7 on a single-sex social organization recognized by the institution1 which is not imposed upon other student organizations by the institution1 unless the organization 7or a council of similar organizations7 and the institution have entered into a mutually agreed upon written agreement that allows the institution to impose such restriction4 7#c7 ,rules of construction ,nothing in this subsection shall-- 7,a7 require an institution of higher education to officially recognize a single-sex social organization2 7,b7 prohibit an institution of higher education from taking an adverse action against a student who organizes1 leads1 or joins a single-sex social organization-- 7i7 due to academic or nonacademic misconduct2 or 7ii7 7,i7 for public institutions1 because the organization's purpose is directed to inciting or producing imminent lawless action and likely to incite or produce such action2 or 7,,ii7 for private institutions1 because the organization's purpose is incompatible with the religious mission of the institution1 so long as that adverse action is not based on the membership practice of the organization of limiting membership only to individuals of one sex2 7,c7 prevent a single-sex social organization from regulating its own membership2 7,d7 inhibit the ability of the faculty of an institution of higher education to express an opinion 7either individually or collectively7 about membership in a single-sex social organization1 or otherwise inhibit the academic freedom of such faculty to research1 write1 or publish material about membership in such an organization2 or 7,e7 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 student4 7#d7 ,definitions ,in this subsection3 7,a7 ,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 organization3 7i7 ,expulsion1 suspension1 probation1 censure1 condemnation1 formal reprimand1 or any other disciplinary action1 coercive action1 or sanction taken by an institution of higher education or administrative unit of such institution4 7ii7 ,an oral or written warning with respect to an action described in clause 7i7 made by an official of an institution of higher education acting in their official capacity4 7iii7 ,an action to deny participation in any education program or activity1 including the withholding of any rights1 privileges1 or opportunities afforded other students on campus4 7iv7 ,an action to withhold1 in whole or in part1 any financial assistance 7including scholarships and on-campus employment71 or denying the opportunity to apply for financial assistance1 a scholarship1 a graduate fellowship1 or on-campus employment4 7v7 ,an action to deny or restrict access to on-campus housing4 7vi7 ,an act to deny any certification1 endorsement1 or letter of recommendation that may be required by a student's current or future employer1 a government agency1 a licensing board1 an institution of higher education1 a scholarship program1 or a graduate fellowship to which the student applies or seeks to apply4 7vii7 ,an action to deny participation in any sports team1 club1 or other student organization1 including a denial of any leadership position in any sports team1 club1 or other student organization4 7viii7 ,an action to withdraw the institution's official recognition of such organization4 7ix7 ,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 organization4 7x7 ,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 #aigb 7#bj ,u4,s4,c4 #afha et seq47 or this subsection4 7xi7 ,an action to impose additional requirements on advisors serving a single-sex social organization that are not imposed on all other student organizations4 7,b7 ,single-sex social organization ,the term single-sex social organization means-- 7i7 a social fraternity or sorority described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf which is exempt from taxation under section #eja7;a7 of such ,code1 or an organization that has been historically single-sex1 the active membership of which consists primarily of students or alumni of an institution of higher education2 or 7ii7 a single-sex private social club 7including an independent organization located off-campus7 that consists primarily of students or alumni of an institution of higher education4 7d7 ,construction ,nothing in this section shall be construed to prohibit an institution of higher education from taking any adverse action 7such as denying or revoking recognition1 funding1 use of institutional venues or resources1 or other privileges granted by the institution7 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 #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi74 4 #e4 ,free speech on campus ,the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq471 as amended by section #d of this ,act1 is further amended by inserting after section #aab;,c the following new section3 #aab;,d4 ,free speech on campus 7a7 ,in general ,a covered public institution shall-- 7#a7 at each orientation for new and transfer students1 provide students attending the orientation-- 7,a7 a written statement that-- 7i7 explains the rights of students under the ,first ,amendment to the ,constitution2 7ii7 affirms the importance of1 and the commitment of the institution to1 freedom of expression2 7iii7 explains students' protections under title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 and the procedures for filing a discrimination claim with the ,office for ,civil ,rights of the ,department of ,education2 and 7iv7 includes assurances that students1 and individuals invited by students to speak at the institution1 will not be treated in a manner that violates the freedom of expression of such students or individuals2 and 7,b7 educational programming 7including online resources7 that describes their free speech rights and responsibilities under the ,first ,amendment to the ,constitution2 and 7#b7 post on the publicly accessible website of the institution the statement described in paragraph 7#a77;,a74 7b7 ,campus free speech and restoration 7#a7 ,definition of expressive activities ,in this subsection1 the term expressive activity-- 7,a7 includes-- 7i7 peacefully assembling1 protesting1 speaking1 or listening2 7ii7 distributing literature2 7iii7 carrying a sign2 7iv7 circulating a petition2 or 7v7 other expressive activities guaranteed under the ,first ,amendment to the ,constitution2 7,b7 applies equally to religious expression as it does to nonreligious expression2 and 7,c7 does not include unprotected speech 7as defined by the precedents of the ,supreme ,court of the ,united ,states74 7#b7 ,expressive activities at an institution 7,a7 ,in general ,a covered public institution may not prohibit1 subject to subparagraph 7,b71 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 lawful4 ,the publicly accessible outdoor areas of campuses of public institutions of higher education shall be regulated pursuant to rules applicable to traditional public forums4 7,b7 ,restrictions ,a covered public institution may not maintain or enforce time1 place1 or manner restrictions on an expressive activity in a generally accessible area of the institution's campus unless the restriction-- 7i7 is narrowly tailored in furtherance of a significant governmental interest2 7ii7 is based on published1 content-neutral1 and viewpoint-neutral criteria2 7iii7 leaves open ample alternative channels for communication2 and 7iv7 provides for spontaneous assembly and distribution of literature4 7,c7 ,application ,the protections provided under subparagraph 7,a7 do not apply to expressive activity in an area on an institution's campus that is not a generally accessible area4 7,d7 ,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 ,states1 or the merchant marine4 7c7 ,prohibition on use of political tests 7#a7 ,in general ,a covered public institution may not consider1 require1 or discriminate on the basis of a political test in the admission1 appointment1 hiring1 employment1 or promotion of any covered individual1 or in the granting of tenure to any covered individual4 7#b7 ,rule of construction ,nothing in this subsection shall be construed-- 7,a7 to prohibit an institution of higher education whose primary purpose is the education of individuals for the military services of the ,united ,states1 or the merchant marine1 from requiring an applicant1 student1 or employee to take an oath to uphold the ,constitution of the ,united ,states2 7,b7 to prohibit an institution of higher education from requiring a student1 faculty member1 or employee to comply with ,federal or ,state antidiscrimination laws or from taking action against a student1 faculty member1 or employee for violations of ,federal or ,state anti-discrimination laws1 as applicable2 7,c7 to prohibit an institution of higher education from evaluating a prospective student1 an employee1 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 #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi72 7,d7 to prohibit an institution of higher education from considering the subject-matter competency including the research and creative works1 of any candidate for a faculty position or faculty member considered for promotion when the subject matter is germane to their given field of scholarship2 or 7,e7 to apply to activities of registered student organizations4 7#c7 ,definitions ,in this subsection3 7,a7 ,covered individual ,the term covered individual means1 with respect to an institution of higher education that is a public institution-- 7i7 a prospective student who has submitted an application to attend such institution2 7ii7 a student who attends such institution2 7iii7 a prospective employee who has submitted an application to work at such institution2 7iv7 an employee who works at such institution2 7v7 a prospective faculty member who has submitted an application to work at such institution2 and 7vi7 a faculty member who works at such institution4 7,b7 ,material support or resources ,the term material support or resources has the meaning given that term in section #bcci;,a of title #ah1 ,united ,states ,code 7including the definitions of training and expert advice or assistance in that section74 7,c7 ,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-- 7i7 supports or opposes a specific partisan or political set of beliefs2 7ii7 supports or opposes a particular viewpoint on a social or political issue2 or 7iii7 promotes the disparate treatment of any individual or group of individuals on the basis of race1 color1 or national origin1 including-- 7,i7 any initiative or formulation of diversity1 equity1 and inclusion beyond upholding existing ,federal law2 or 7,,ii7 any theory or practice that holds that systems or institutions upholding existing ,federal law are racist1 oppressive1 or otherwise unjust4 4 #f4 ,enforcement 7a7 ,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 7,a7 ,in the case of an institution that is a public institution1 the institution will comply with all the requirements of sections #aab;,b through #aab;,d4 7,b7 ,in the case of an institution that is not a public institution1 the institution will comply with sections #aab;,b and #aab;,c7c74 7,c7 ,an institution that fails to comply with section #aab;,b or #aab;,c7c7 shall-- 7i7 be ineligible to participate in the programs authorized by this title for a period of not less than #a award year2 and 7ii7 in order to regain eligibility to participate in such programs1 demonstrate compliance with all requirements of such section for not less than one award year after the award year in which such institution became ineligible4 4 7b7 ,cause of action ,the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq471 as amended by section #e of this ,act1 is further amended by inserting after section #aab;,d the following new section3 #aab;,e4 ,enforcement 7a7 ,cause of action 7#a7 ,civil action ,after exhaustion of any available appeals under section #aab;,c7a71 an aggrieved individual who1 or an aggrieved organization that1 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 #aab;,b1 #aab;,c1 or #aab;,d may bring a civil action in a ,federal court for appropriate relief4 7#b7 ,appropriate relief ,for the purposes of this subsection1 appropriate relief includes-- 7,a7 a temporary or permanent injunction2 and 7,b7 awarding a prevailing plaintiff-- 7i7 compensatory damages2 7ii7 reasonable court costs2 and 7iii7 reasonable attorney's fees4 7#c7 ,statute of limitations ,a civil action under this subsection may not be commenced later than #b years after the cause of action accrues4 ,for purposes of calculating the two-year limitation period1 each day that the violation of a requirement described in section #aab;,b1 #aab;,c1 or #aab;,d persists1 and each day that a policy in violation of a requirement described in section #aab;,b1 #aab;,c1 or #aab;,d remains in effect1 shall constitute a new day that the cause of action has accrued4 7b7 ,nondefault1 final judgment ,in the case of a court's nondefault1 final judgment in a civil action brought under subsection 7a7 that a covered public institution is in violation of a requirement described in section #aab;,b1 #aab;,c1 or #aab;,d1 such covered public institution shall-- 7#a7 not later than #g days after the date on which the court makes such a nondefault1 final judgment1 notify the ,secretary of such judgment and submit to the ,secretary a copy of the nondefault1 final judgment2 and 7#b7 not later than #cj days after the date on which the court makes such a nondefault1 final judgment1 submit to the ,secretary a report that-- 7,a7 certifies that the standard1 policy1 practice1 or procedure that is in violation of the requirement described in section #aab;,b1 #aab;,c1 or #aab;,d is no longer in use2 and 7,b7 provides evidence to support such certification4 7c7 ,revocation of eligibility ,in the case of a covered public institution that does not notify the ,secretary as required under subsection 7b77#a7 or submit the report required under subsection 7b77#b71 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 nondefault1 final judgment in a civil action brought under subsection 7a7 that the institution is in violation of a requirement described in section #aab;,b1 #aab;,c1 or #aab;,d4 7d7 ,restoration of eligibility 7#a7 ,in general ,a covered public institution that loses eligibility under subsection 7c7 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 7b77#b74 7#b7 ,determination by the ,secretary ,not later than #ij days after a covered public institution submits a report under paragraph 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 a requirement described in section #aab;,b1 #aab;,c1 or #aab;,d4 7#c7 ,restoration ,if the ,secretary makes a determination under paragraph 7#b7 that the covered public institution is no longer in violation of a requirement described in section #aab;,b1 #aab;,c1 or #aab;,d1 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 made4 7e7 ,report to ,congress ,not later than #a year after the date of the enactment of this section1 and on an annual basis thereafter1 the ,secretary shall submit to the ,committee on ,education and the ,workforce 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#a7 in the year for which such report is being submitted2 and 7,b7 the reports submitted to the ,secretary under subsection 7b77#b7 for such year2 and 7#b7 any action taken by the ,secretary to revoke or restore eligibility under subsections 7c7 and 7d7 for such year4 7f7 ,voluntary waiver of ,state and local sovereign immunity as condition of receiving ,federal funding ,the receipt1 on or after the date of enactment of this section1 of any ,federal funding under title ,,iv of this ,act by a ,state or political subdivision of a ,state 7including any municipal or county government7 is deemed to constitute a clear and unequivocal expression of1 and agreement to1 waiving sovereign immunity under the #aath ,amendment to the ,constitution or otherwise1 to a civil action for injunctive relief1 compensatory damages1 court costs1 and attorney's fees under this section4 7g7 ,definition ,in this section1 the term nondefault1 final judgment means a final judgment by a court for a civil action brought under subsection 7a7 that a covered public institution is in violation of a requirement described in section #aab;,b1 #aab;,c1 or #aab;,d that the covered public institution chooses not to appeal or that is not subject to further appeal4 4 ,april #bf1 #bjbd,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed