[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7612 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7612
To affirm and protect the First Amendment rights of students and
student organizations at public institutions of higher education.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2024
Mrs. Houchin (for herself, Mrs. McClain, and Mr. Owens) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To affirm and protect the First Amendment rights of students and
student organizations at public institutions of higher education.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Students Bill of Rights Act of
2024''.
SEC. 2. STUDENTS BILL OF RIGHTS.
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. STUDENTS BILL OF RIGHTS TO FURTHER PROTECT SPEECH AND
ASSOCIATION.
``(a) Protected Rights.--A covered public institution that receives
funds under this Act, including through participation in a program
authorized under title IV, shall comply with the following
requirements:
``(1) Recognized student organizations.--A covered public
institution that has recognized student organizations shall
comply with the following requirements:
``(A) Faculty advisors.--A covered public
institution may not deny recognition to a student
organization solely because the organization is unable
to obtain a faculty advisor or sponsor, provided that
the organization meets each of the other institutional
requirements for such recognition. The institution
shall ensure that any policy or practice related to the
recognition of a student organization--
``(i) does not require a faculty or staff
member of the institution to serve as faculty
advisor or to otherwise participate in,
support, or sponsor the organization; or
``(ii) if the institution does have a
requirement that a faculty or staff member
serve as described in clause (i) as a condition
for recognition of the student organization,
and an organization that meets each of the
other institutional requirements for such
recognition is unable to secure such a faculty
or staff member, provides for an alternative to
such requirement, which may include waiver of
such requirement or the institution assigning a
faculty or staff member to such organization.
``(B) Affiliation.--A covered public institution
may not deny recognition to a student organization
solely because of the organization's affiliation with,
or status as a chapter of, a national or other
organization.
``(C) Appeal options for recognition.--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. The
institution shall ensure that such appellate entity did
not participate in any prior proceeding related to the
denial of recognition to such organization.
``(2) Distribution of funds to student organizations.--A
covered public institution that collects a mandatory fee from
students for the costs of student activities and events and
provides funds generated from such student fees to one or more
recognized student organizations of the institution shall--
``(A) 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;
``(B) ensure that allocations are made to the
recognized student organizations in accordance with the
standards established pursuant to subparagraph (A);
``(C) upon the request of a recognized student
organization that has been denied all or a portion of
an allocation described in subparagraph (B), provide to
the organization, in writing (which may include
electronic communication) and in a timely manner, the
specific reasons for such denial and information of the
appeals process described in subparagraph (D);
``(D) provide an appeals process by which a
recognized student organization that has been denied
all or a portion of an allocation described in
subparagraph (B) may appeal to an institutional
appellate entity for reconsideration, and the
institution shall ensure that such appellate entity did
not participate in any prior proceeding related to such
allocation; and
``(E) have in place policies and procedures to
disqualify an individual or entity from participating
in a determination described in subparagraph (A) or
(B), or an appeal described in subparagraph (D), if
such individual or entity has failed to apply the
standards for determinations established by the
institution pursuant to this paragraph.
``(3) 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--
``(A) determine the amount of any security fee for
an event or activity organized by a student or student
organization; and
``(B) 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 purpose or 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 or activity due to
the purpose, content of expression, or
viewpoint expressed at the event or activity by
the student, student organization, or an
invited guest.
``(4) 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.
``(b) Enforcement.--
``(1) Cause of action.--
``(A) Civil action.--Whoever is harmed by a covered
public institution by the maintenance of a policy or
practice of the institution that is in violation of a
requirement described in subsection (a) may bring a
civil action in a Federal court for appropriate relief.
``(B) Appropriate relief.--For the purposes of this
paragraph, appropriate relief includes--
``(i) a temporary or permanent injunction;
and
``(ii) awarding a prevailing plaintiff--
``(I) compensatory damages;
``(II) reasonable court costs; and
``(III) reasonable attorney fees.
``(C) Statute of limitations.--A civil action under
this paragraph may not be commenced later than 2 years
after the cause of action accrues.
``(2) In general.--In the case of a court's non-default,
final judgment in a civil action brought under paragraph (1)
that a covered public institution is in violation of a
requirement described in subsection (a), such covered public
institution shall--
``(A) not later than 7 days after the date on which
the court makes such a non-default, final judgment,
notify the Secretary of such judgment and submit to the
Secretary a copy of the non-default, final judgment;
and
``(B) not later than 30 days after the date on
which the court makes such a non-default, final
judgment, submit to the Secretary a report that--
``(i) certifies that the standard, policy,
practice, or procedure that is in violation of
the requirement described in subsection (a) is
no longer in use; and
``(ii) provides evidence to support such
certification.
``(3) Revocation of eligibility.--In the case of a covered
public institution that does not notify the Secretary as
required under paragraph (2)(A) or submit the report required
under paragraph (2)(B), the Secretary shall revoke the
eligibility of such institution to receive funds under this
Act, including through participation in a program authorized
under title IV, for each award year following the conclusion of
the award year in which a court made a non-default, final
judgment in a civil action brought under paragraph (1) that the
institution is in violation of a requirement described in
subsection (a).
``(4) Restoration of eligibility.--
``(A) In general.--A covered public institution
that loses eligibility under paragraph (3) to receive
funds under this Act may seek to restore such
eligibility by submitting to the Secretary the report
described in paragraph (2)(B).
``(B) Determination by the secretary.--Not later
than 90 days after a covered public institution submits
a report under subparagraph (A), 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
subsection (a).
``(C) Restoration.--If the Secretary makes a
determination under subparagraph (B) that the covered
public institution is no longer in violation of a
requirement described in subsection (a), the Secretary
shall restore the eligibility of such institution to
receive funds under this Act, including through
participation in a program authorized under title IV,
for each award year following the conclusion of the
award year in which such determination is made.
``(c) Rule of Construction.--Nothing in this section shall be
construed to infringe upon or otherwise impact the protections of an
institution of higher education under title VII of the Civil Rights Act
of 1964 (42 U.S.C. 2000e et seq.) and title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.).
``(d) Report to Congress.--Not later than 1 year after the date of
the enactment of the Students Bill of Rights Act of 2024 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)(2)(A) in the year
for which such report is being submitted; and
``(B) the reports submitted to the Secretary under
subsection (b)(2)(B) for such year; and
``(2) any action taken by the Secretary revoke or restore
eligibility under paragraphs (3) and (4) of subsection (b) for
such year.
``(e) Definitions.--In this section:
``(1) Covered public institution.--The term `covered public
institution' means an institution of higher education, as
defined in section 101, that is a public institution.
``(2) Content- and viewpoint-neutral.--The term `content-
and viewpoint-neutral', when used with respect to a policy,
practice, determination, fee assessment, or allocation applied
to a student organization, means a policy, practice,
determination, fee assessment, or allocation that does not take
into consideration any purpose of, or viewpoints held or
expressed by, such organization.
``(3) Non-default, final judgment.--The term `non-default,
final judgment' means a final judgment by a court for a civil
action brought under paragraph (1) that a covered public
institution is in violation of a requirement described in
subsection (a) that the covered public institution chooses not
to appeal or that is not subject to further appeal.
``(4) 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.
``(5) 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 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.''.
SEC. 3. 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) In the
case of an institution that is a covered public institution under
section 112A, the institution will comply with the requirements of such
section.''.
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