,,ii #aagth ,,congress #b;d ,session ,s4 #dhig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bj1 #bjbb,mr4 ,cotton introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to make reforms at institutions of higher education4 #a4 ,short title ,this ,act may be cited as the ,student ,loan ,reform ,act of #bjbb4 #b4 ,,plus ,loan ,reforms 7a7 ,in general ,section #dee7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7a77 is amended by adding at the end the following3 7#d7 ,termination and restriction of authority to make ,federal ,direct ,,plus ,loans 7,a7 ,termination of authority to make ,federal ,direct ,plus ,loans to graduate or professional students who are not covered healthcare students ,notwithstanding any provision of this part or part ,b1 for any period of instruction beginning on or after ,july #a1 #bjbc1 a graduate or professional student 7except for a covered healthcare student7 shall not be eligible to receive a ,federal ,direct ,,plus ,loan under this part for the student's graduate or professional studies4 7,b7 ,exception for parent borrowers and covered healthcare students ,notwithstanding any provision of this part or part ,b1 for any period of instruction beginning on or after ,july #a1 #bjbc and for any parent borrower of a ,federal ,direct ,,plus loan or any covered healthcare student-- 7i7 the maximum annual amount of any ,federal ,direct ,,plus ,loan shall not exceed #aj1jjj2 and 7ii7 the maximum aggregate lifetime amount of any ,federal ,direct ,,plus ,loans shall not exceed #dj1jjj4 7,c7 ,covered healthcare student ,in this paragraph1 the term covered healthcare student means-- 7i7 a student who is in a course of study to-- 7,i7 become a ,doctor of ,allopathic ,medicine1 ,doctor of ,osteopathic ,medicine1 ,doctor of ,dentistry1 ,doctor of ,optometry1 ,doctor of ,podiatric ,medicine1 ,doctor of ,naturopathic ,medicine1 ,doctor of ,naturopathy1 ,doctor of ,veterinary ,medicine1 ,doctor of ,pharmacy1 or ,doctor of ,chiropractic2 or 7,,ii7 earn a doctoral degree in clinical psychology or a masters or doctoral degree in health administration2 and 7ii7 a student who is in a course of study to become a nurse who will have the same scope of practice as a doctor or degree program described in clause 7i74 4 7b7 ,report 7#a7 ,in general ,by not later than #c years after the date of enactment of this ,act1 the ,secretary of ,education shall submit a report to ,congress offering recommendations on other critical ,,stem-based professions with a high return on investment for which graduate and professional students should be allowed to access ,federal ,direct ,,plus ,loans under part ,d of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4#ajhg;a et seq47 for their graduate and professional studies4 7#b7 ,considerations ,in carrying out paragraph 7#a71 the ,secretary shall consider-- 7,a7 how expanding ,federal ,direct ,,plus ,loans to graduate and professional students as described in paragraph 7#a7 would benefit low-income students2 and 7,b7 how ,congress could index the maximum amount of ,federal ,direct ,,plus ,loans for each graduate or professional student borrower to the median earnings for graduates of the borrower's program of study at the borrower's institution of higher education1 or the borrower's program of study at a peer institution of higher education4 7#c7 ,definition of stem-based ,in this subsection1 the term ,,stem-based means based in science1 technology1 engineering1 or mathematics4 #c4 ,loan default penalty ,section #ded of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;d7a77 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#e71 by striking and after the semicolon2 7,b7 by redesignating paragraph 7#f7 as paragraph 7#h72 and 7,c7 by inserting after paragraph 7#e7 the following3 7#f7 provide that the institution accepts the loan default penalty requirements under subsection 7d72 2 and 7#b7 by adding at the end the following3 7d7 ,loan default penalty requirements 7#a7 ,in general ,beginning with the second fiscal year that begins after the date of enactment of the ,student ,loan ,reform ,act of #bjbb1 and each succeeding fiscal year1 each institution of higher education participating in the direct student loan program under this part shall remit to the ,secretary1 at such times as the ,secretary may specify1 a student loan default penalty1 as determined under paragraph 7#b74 7#b7 ,student loan default penalty ,for each fiscal year1 the student loan default penalty shall be an amount equal to #be percent of the total amount of loans under this part received for attendance at the institution-- 7,a7 that entered into default loan status in the previous fiscal year2 7,b7 for which a borrower entered default loan status for the first time2 and 7,c7 for which the borrower did not exit default loan status within the first #fj days after entering such status4 4 #d4 ,institutional responsibility for loan repayment ,section #ded of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;d7a771 as amended by section #c1 is further amended-- 7#a7 in subsection 7a71 by inserting after paragraph 7#f7 the following3-- 7#g7 provide that the institution accepts the institutional responsibility guarantee requirements under subsection 7e72 and 2 7#b7 by adding at the end the following3 7e7 ,institutional responsibility guarantee 7#a7 ,in general ,beginning with respect to loans under this part that are disbursed during the first award year that begins after the date of enactment of the ,student ,loan ,reform ,act of #bjbb1 and each succeeding fiscal year1 each institution of higher education participating in the ,direct student loan program under this part shall provide a written agreement to the ,secretary asserting that the institution will remit to the ,secretary1 at such times as the ,secretary may specify1 an institutional responsibility payment1 as determined under paragraph 7#b74 7#b7 ,institutional responsibility payment ,the institutional responsibility payment shall be1 for each borrower who was enrolled in the institution1 an amount equal to the lesser of-- 7,a7 a percentage of the total outstanding balance of that borrower that was received for attendance at the institution by that borrower that is equal to #a percent for each #ajjj of the total amount under this part received for attendance at the institution by that borrower2 or 7,b7 #ej percent of the total outstanding balance of that borrower that was received under this part for attendance at the institution by that borrower4 7#c7 ,use of institutional responsibility payment ,the ,secretary shall apply all of an institutional responsibility payment received under this subsection for a borrower to the outstanding ,direct student loan obligation of such student1 and shall notify the student of the reduction in the balance of the student's ,direct student loan obligations4 7#d7 ,total outstanding balance ,in this subsection1 the term total outstanding balance means the total amount of loans under this part-- 7,a7 that have gone into default status and remain unpaid after a period of #aj years or more2 and 7,b7 that remain unpaid after the period described in subparagraph 7,a7 and after the ,secretary has exhausted attempts to recover repayment from the borrower1 including through wage garnishment under section #dhh;,a1 an administrative offset under section #cgaf of title #ca1 ,united ,states ,code1 a ,federal salary offset1 or any other legal means through which the ,secretary may recover repayment of ,federal student loans4 4 #e4 ,limit on administrative staff 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 ,the institution will agree to the limit on administrative staff requirements described in section #dhg;,c4 4 7b7 ,limit on administrative staff ,part ,g of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhh et seq47 is amended by inserting after section #dhg;,b the following3 #dhg;,c4 ,limit on administrative staff 7a7 ,definitions ,in this section3 7#a7 ,administrative staff ,the term administrative staff-- 7,a7 means staff whose duties are primarily non-academic1 non-instructional1 and non-research2 7,b7 includes any institutional support staff1 such as human resources1 marketing1 public relations1 government relations1 executive1 administrative1 or managerial staff2 7,c7 includes student services staff1 such as diversity1 equity1 and inclusion staff2 7,d7 includes members of the academic administration1 such as deans or provosts2 and 7,e7 excludes grounds and maintenance staff1 cafeteria staff1 healthcare practitioners1 campus security1 religious clergy supported by the institution1 and information technology support staff4 7#b7 ,covered institution 7,a7 ,in ,general ,the term covered institution-- 7i7 means an institution that-- 7,i7 charged an amount for undergraduate tuition and fees equal to or greater than #bj1jjj for an academic year after the date of enactment of the ,student ,loan ,reform ,act of #bjbb1 as determined by the ,secretary on an annual basis2 and 7,,ii7 for the first covered year1 had #bjj or more individuals serving as administrative staff2 and 7ii7 excludes-- 7,i7 an institution that is controlled by or that is closely identified with the tenets of a particular religious organization1 as described in section #ajf4ab7;c7 of title #cd1 ,code of ,federal ,regulations 7as in effect on the date of enactment of the ,student ,loan ,reform ,act of #bjbb72 and 7,,ii7 an institution that is a medical school1 as determined by the ,secretary4 7,b7 ,special ,rule ,if an institution charges separate amounts of undergraduate tuition and fees and for in-,state and out-of-,state students1 the amount of tuition and fees for the purposes of this paragraph shall be determined based on the amount that is an average of in-,state and out-of-,state undergraduate tuition and fees4 7#c7 ,first covered year ,the term first covered year1 when used with respect to a covered institution1 means the first academic year after the date of enactment of the ,student ,loan ,reform ,act of #bjbb for which the institution's undergraduate tuition and fees exceeded #bj1jjj1 as determined in accordance with paragraph 7#b74 7b7 ,in general ,beginning for the second academic year after the date of enactment of the ,student ,loan ,reform ,act of #bjbb1 a covered institution that participates in a program under this title shall be required-- 7#a7 each year of a school's participation in a program under this title1 to reduce #aj percent of administrative staff at the institution1 as compared to the total amount of such administrative staff at the institution in the first covered year1 until the completion of the #eth year of such reductions1 at which time the institution shall be required to demonstrate to the ,secretary that the institution has reduced #ej percent of the administrative staff at the institution1 as compared to the administrative staff at the institution in the first covered year2 7#b7 to ensure that after the completion of the #e-year period described in paragraph 7#a71 the institution shall not increase the number of administrative staff at the institution by more than #a percent annually for the remainder of the institution's participation in a program under this title2 7#c7 to eliminate administrative staff in the order specified under subsection 7c72 and 7#d7 to submit an annual certification to the ,secretary asserting that the institution meets the requirements of paragraphs 7#a71 7#b71 and 7#c74 7c7 ,priority for administrative staff reductions ,an institution shall reduce administrative staff in the following order3 7#a7 ,first1 reducing diversity1 equity1 and inclusion staff by not less than #ie percent4 7#b7 ,second1 reducing executive or management staff4 7#c7 ,third1 reducing human resources staff4 4 #f4 ,affirmative ,action 7a7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7b7 ,prohibition on preferential treatment or discrimination ,an institution of higher education receiving ,federal funds shall not grant preferential treatment to1 or discriminate against1 any individual or group on the basis of race1 color1 ethnicity1 or national origin1 including treatment or discrimination related to employment and student admissions4 #g4 ,critical race theory 7a7 ,definitions 7#a7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7#b7 ,race-based theory ,the term race-based theory means a theory that-- 7,a7 any race is inherently superior or inferior to any other race2 7,b7 the ,united ,states is a fundamentally racist country2 7,c7 the ,declaration of ,independence or the ,constitution of the ,united ,states is a fundamentally racist document2 7,d7 an individual's moral worth is determined by the race of the individual2 7,e7 an individual1 by virtue of the race of the individual1 is inherently racist or oppressive1 whether consciously or unconsciously2 or 7,f7 an individual1 because of the race of the individual1 bears responsibility for the actions committed by members of the race of the individual4 7b7 ,prohibition on award of funds to certain institutions of higher education ,no ,federal funds may be awarded to an institution of higher education if such institution compels teachers or students to affirm1 adhere to1 adopt1 or profess race-based theories or beliefs contrary to title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 7c7 ,rules of construction 7#a7 ,protected speech not restricted ,nothing in this section shall be construed to restrict the speech of a student1 a teacher1 or any other individual outside of an instructional setting of an institution of higher education4 7#b7 ,access to materials for the purpose of research or independent study ,nothing in this section shall be construed to prevent an individual from accessing materials that advocate race-based theories for the purpose of research or independent study4 #h4 ,excise taxes on certain colleges and universities 7a7 ,excise tax on certain large private college and university endowments 7#a7 ,in general ,subchapter ,h of chapter #db of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #difi4 ,excise tax on certain large private college and university endowments 7a7 ,tax imposed ,there is hereby imposed on each specified applicable educational institution for the taxable year a tax equal to #a percent of the aggregate fair market value of the assets of the institution at the end of the preceding taxable year4 7b7 ,specified applicable educational institution ,for purposes of this subchapter1 the term specified applicable educational institution means any applicable educational institution1 other than an institution which is religious in nature1 the aggregate fair market value of the assets of which at the end of the preceding taxable year 7other than those assets which are used directly in carrying out the institution's exempt purpose7 is at least #b1ejj1jjj1jjj4 7c7 ,other terms ,for purposes of this section-- 7#a7 ,assets ,the rules of section #difh7;d7 shall apply4 7#b7 ,student ,the rules of section #difh7;b77#b7 shall apply4 4 7#b7 ,clerical amendment ,the table of sections for subchapter ,h of chapter #db of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new item3 ,sec4 #difi4 ,excise tax on certain large private college and university endowments4 4 7b7 ,failure ,to distribute endowment assets 7#a7 ,in general ,subchapter ,h of chapter #db of the ,internal ,revenue ,code of #aihf1 as amended by subsection 7a71 is amended by adding at the end the following new section3 #digj4 ,failure to distribute endowment assets 7a7 ,tax imposed ,there is hereby imposed on the undistributed excess endowment amount of each specified applicable educational institution for the taxable year1 which has not been distributed before the first day of the second 7or any succeeding7 taxable year following such taxable year 7if such first day falls within the taxable period71 a tax equal to #cj percent of such undistributed excess endowment amount remaining undistributed at the beginning of such second 7or succeeding7 taxable year4 ,the tax imposed by this section shall not apply to the undistributed excess endowment amount of a specified applicable educational institution to the extent that the foundation failed to distribute any amount solely because of an incorrect valuation of assets1 if-- 7#a7 the failure to value the assets properly was not willful and was due to reasonable cause1 7#b7 such amount is distributed as qualifying distributions by the institution during the allowable distribution period1 7#c7 the institution notifies the ,secretary that such amount has been distributed as qualifying distributions to correct such failure1 and 7#d7 such distribution is treated1 by reason of subsection 7e77#b71 as made out of the undistributed income for the taxable year for which a tax would 7except for this paragraph7 have been imposed under this subsection4 7b7 ,additional tax ,in any case in which an initial tax is imposed under subsection 7a7 on the undistributed excess endowment amount of any specified applicable educational institution for any taxable year1 if any portion of such amount remains undistributed at the close of the taxable period1 there is hereby imposed a tax equal to #ajj percent of the amount remaining undistributed at such time4 7c7 ,undistributed excess endowment amount ,for purposes of this section1 the term undistributed excess endowment amount means1 with respect to any specified applicable educational institution for any taxable year as of any time1 the amount by which-- 7#a7 the distributable amount for such taxable year1 exceeds 7#b7 the qualifying distributions made before such time out of such distributable amount4 7d7 ,distributable amount ,for purposes of this section1 the term distributable amount means1 with respect to any specified applicable educational institution for any taxable year1 an amount equal to #e percent of the aggregate fair market value of the assets of the institution at the end of the preceding taxable year4 ,the rules of section #difh7;d7 shall apply for purposes of this section4 7e7 ,qualifying distributions ,for purposes of this section-- 7#a7 ,in general ,the term qualifying distribution has the meaning given such term in section #didb7;g74 7#b7 ,other rules ,the rules of subsections 7h7 and 7i7 of section #didb shall apply4 7f7 ,taxable period2 allowable distribution period ,the rules of paragraphs 7#a7 and 7#b7 of section #didb7;j7 shall apply for purposes of this section4 4 7#b7 ,clerical amendment ,the table of sections for subchapter ,h of chapter #db of the ,internal ,revenue ,code of #aihf1 as amended by subsection 7a71 is further amended by adding at the end the following new item3 ,sec4 #digj4 ,failure to distribute endowment assets4 4 7c7 ,establishment of excise tax on excessive tuition 7#a7 ,in general ,subchapter ,h of chapter #db of the ,internal ,revenue ,code of #aihf1 as amended by subsections 7a7 and 7b71 is amended by adding at the end the following new section3 #digj;,a4 ,excise tax on excessive tuition 7a7 ,tax imposed ,there is hereby imposed on each applicable institution of higher education for the taxable year a tax equal to #bj percent of the total amount of excessive tuition received by such applicable institution of higher education during such taxable year4 7b7 ,excessive tuition 7#a7 ,in general ,in this section1 the term excessive tuition means1 with respect to any individual enrolled at the undergraduate level in the applicable institution of higher education during any taxable year1 the amount 7if any7 equal to the excess of-- 7,a7 the amount of undergraduate tuition and fees paid by such individual to such applicable institution of higher education during such taxable year1 over 7,b7 #dj1jjj4 7#b7 ,tuition and fees ,for purposes of paragraph 7#a77;,a71 the term tuition and fees has the same meaning given the term qualified tuition and related expenses under section #be;,a7f77#a74 7c7 ,applicable institution of higher education ,in this section1 the term applicable institution of higher education means an institution of higher education as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7 that is not-- 7#a7 an institution which is controlled by or which is closely identified with the tenets of a particular religious organization2 or 7#b7 a medical school1 as described in section #dhg;,c7a77#b77;,a77ii77,,ii7 of the ,higher ,education ,act of #aife4 4 7#b7 ,clerical amendment ,the table of sections for subchapter ,h of chapter #db of such ,code1 as amended by subsections 7a7 and 7b71 is amended by adding at the end the following new item3 ,sec4 #digj;,a4 ,excise tax on excessive tuition4 4 7d7 ,transfer of funds ,the ,secretary of the ,treasury 7or such ,secretary's delegate7 shall from time to time transfer from the general fund of the ,treasury to the ,secretary of ,commerce amounts equal to the increase in revenues by reason of the enactment of subsections 7a71 7b71 and 7c71 for the purpose of expanding opportunities relating to employer-led apprenticeship programs and on-the-job workforce training4 ,such funds shall be available until expended to carry out such activities through grants1 cooperative agreements1 contracts and other arrangements1 with ,states and other appropriate entities4 7e7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of enactment of this ,act4 #i4 ,ban on requiring ,,fafsa for families who are not using ,federal student aid ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a771 as amended by section #e1 is further amended by adding at the end the following3 7#ca7 ,the institution will not require or pressure any prospective1 accepted1 or enrolled student at the institution to submit a ,free ,application for ,federal ,student ,aid under section #dhc if such student does not wish to apply for or accept ,federal student aid4 4 #aj4 ,campus ,free ,speech ,restoration 7a7 ,protection of student speech and association rights ,section #aab7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa;a7a77 is amended-- 7#a7 by redesignating paragraph 7#b7 as paragraph 7#d72 and 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 ,it is the sense of ,congress that-- 7,a7 every individual should be free to profess1 and to maintain1 the opinion of such individual in matters of religion or philosophy1 and that professing or maintaining such opinion should in no way diminish1 enlarge1 or affect the civil liberties or rights of such individual on the campus of an institution of higher education2 and 7,b7 no public institution of higher education directly or indirectly receiving financial assistance under this ,act should limit religious expression1 free expression1 or any other rights provided under the ,first ,amendment to the ,constitution of the ,united ,states4 7#c7 ,it is the sense of ,congress that-- 7,a7 free speech zones and restrictive speech codes are inherently at odds with the freedom of speech guaranteed by the ,first ,amendment to the ,constitution of the ,united ,states2 7,b7 bias reporting systems are susceptible to abuses that may put them at odds with the freedom of speech guaranteed by the ,first ,amendment to the ,constitution of the ,united ,states2 and 7,c7 no public institution of higher education directly or indirectly receiving financial assistance under this ,act should restrict the speech of such institution's students through improperly restrictive zones1 codes1 or bias reporting systems4 4 7b7 ,campus speech policies at institutions of higher education ,title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et4 seq47 is amended-- 7#a7 in section #dhg7;a71 as amended by sections #e and #i1 by adding at the end the following3 7#cb7 ,in the case of an institution that is-- 7,a7 a public institution1 the institution will comply with the expressive activity protections described in section #dic;,e2 and 7,b7 not a public institution1 the institution will comply with the policies in section #dic;,f4 2 and 7#b7 in part ,g1 by inserting after section #dic;,d the following3 #dic;,e4 ,campus speech policies at public universities 7a7 ,definition of expressive activities 7#a7 ,in general ,in this section1 the term expressive activity includes-- 7,a7 peacefully assembling1 protesting1 speaking1 or listening2 7,b7 distributing literature2 7,c7 carrying a sign2 7,d7 circulating a petition2 or 7,e7 other expressive rights guaranteed under the ,first ,amendment to the ,constitution of the ,united ,states4 7#b7 ,exclusions ,in this section1 the term expressive activity does not include unprotected speech 7as defined by the precedents of the ,supreme ,court of the ,united ,states74 7b7 ,expressive activities at an institution 7#a7 ,in general ,each public institution of higher education participating in a program under this title may not prohibit1 subject to paragraph 7#b71 a person from freely engaging in noncommercial expressive activity in a generally accessible outdoor area on the institution's campus if the person's conduct is lawful4 7#b7 ,restrictions ,an institution of higher education described in paragraph 7#a7 may not maintain or enforce time1 place1 or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus unless the restriction-- 7,a7 is necessary to achieve a compelling governmental interest2 7,b7 is the least restrictive means of furthering that compelling governmental interest2 7,c7 is based on published1 content-neutral1 and viewpoint-neutral criteria2 7,d7 leaves open ample alternative channels for communication2 and 7,e7 provides for spontaneous assembly and distribution of literature4 7#c7 ,application ,the protections provided under paragraph 7#a7 do not apply to expressive activity in an area on an institution's campus that is not a generally accessible outdoor area4 7#d7 ,nonapplication to service academies ,this section shall not apply to an institution of higher education whose primary purpose is the training of individuals for the military services of the ,united ,states1 or the merchant marine4 7c7 ,causes of action 7#a7 ,authorization ,the following persons may bring an action in a ,federal court of competent jurisdiction to enjoin a violation of subsection 7b7 or to recover compensatory damages1 reasonable court costs1 or reasonable attorney fees3 7,a7 ,the ,attorney ,general4 7,b7 ,a person claiming that the person's expressive activity rights1 as described in subsection 7b77#a71 were violated4 7#b7 ,actions ,notwithstanding any other provision of law1 in an action brought under this section1 the ,federal court shall decide de novo all relevant questions of fact and law1 including the interpretation of constitutional1 statutory1 and regulatory provisions1 unless the parties stipulate otherwise4 ,in an action brought under this subsection1 if the court finds a violation of subsection 7b71 the court-- 7,a7 shall-- 7i7 enjoin the violation2 and 7ii7 if a person whose expressive activity rights were violated brought the action1 award the person-- 7,i7 not less than #ejj for an initial violation2 and 7,,ii7 if the person notifies the institution of the violation1 #ej for each day the violation continues after the notification if the institution did not act to discontinue the cause of the violation2 and 7,b7 may award a prevailing plaintiff-- 7i7 compensatory damages2 7ii7 reasonable court costs2 or 7iii7 reasonable attorney fees4 7d7 ,statute of limitations 7#a7 ,in general ,except as provided in paragraph 7#c71 an action under subsection 7c7 may not be brought later than #a year after the date of the violation4 7#b7 ,continuing violation ,each day that a violation of subsection 7b7 continues after an initial violation of subsection 7b71 and each day that an institution's policy in violation of subsection 7b7 remains in effect1 shall constitute a continuing violation of subsection 7b74 7#c7 ,extension ,for a continuing violation described in paragraph 7#b71 the limitation described in paragraph 7#a7 shall extend to #a year after the date on which the most recent violation occurs4 7e7 ,federal review of speech policies 7#a7 ,no eligibility for funds 7,a7 ,in general ,no public institution of higher education shall be eligible to receive funds under this ,act1 including participation in any program under this title1 if the ,secretary determines that the institution-- 7i7 maintains a policy that infringes upon the expressive rights of students under the ,first ,amendment to the ,constitution of the ,united ,states2 or 7ii7 maintains or enforces time1 place1 or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus that do not comply with subparagraphs 7,a7 through 7,e7 of subsection 7b77#b74 7,b7 ,court review ,notwithstanding any other provision of law1 the ,secretary's determinations under this subsection shall be reviewed de novo with respect to all relevant questions of fact and law1 including the interpretation of constitutional1 statutory1 and regulatory provisions1 unless the parties stipulate otherwise4 7#b7 ,designation of an employee to receive complaints ,the ,secretary shall designate an employee in the ,office of ,postsecondary ,education of the ,department to receive complaints from students or student organizations at a given public institution of higher education1 or from any other person or organization1 regarding policies at the institution-- 7,a7 that infringe upon the expressive rights of students under the ,first ,amendment to the ,constitution of the ,united ,states2 or 7,b7 that maintain or enforce time1 place1 or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus that do not comply with subparagraphs 7,a7 through 7,e7 of subsection 7b77#b74 7#c7 ,complaint ,a complaint submitted under subparagraph 7#b7-- 7,a7 shall include the provision of the institution's policy the complainant believes either infringes upon the expressive rights of students under the ,first ,amendment to the ,constitution of the ,united ,states or maintains or enforces time1 place1 or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus that does not comply with subparagraphs 7,a7 through 7,e7 of subsection 7b77#b71 along with any evidence regarding the operation and enforcement of such policy the complainant deems relevant2 and 7,b7 may include an argument as to why the policy in question either infringes upon the expressive rights of students under the ,first ,amendment to the ,constitution of the ,united ,states or maintains or enforces time1 place1 or manner restrictions on an expressive activity in a generally accessible outdoor area of the institution's campus that does not comply with subparagraphs 7,a7 through 7,e7 of subsection 7b77#b74 7#d7 ,system of review 7,a7 ,first stage review 7i7 ,request for response ,not later than #g days after the date of receipt of a complaint under paragraph 7#b71 the ,secretary shall review the complaint and request a response to the complaint from the institution4 7ii7 ,institution response ,not later than #cj days after the date the ,secretary requests a response under clause 7i71 the institution shall-- 7,i7 certify to the ,secretary that the institution has entirely withdrawn the policy that occasioned the complaint2 7,,ii7 submit a revised policy for review by the ,secretary2 or 7,,iii7 submit a defense of the policy that occasioned the complaint4 7iii7 ,availability to complainant 7,i7 ,in general ,not later than #g days after the date of receipt of a revised policy or defense of the original policy as submitted by the institution pursuant to clause 7ii71 the ,secretary shall make available to the complainant a copy of such revised policy or defense4 7,,ii7 ,response by complainant ,not later than #fj days after the date of receipt of a revised policy or defense of the original policy under subclause 7,i71 the complainant may submit to the ,secretary a response to the revised policy or defense of the original policy4 7,,iii7 ,submission to the institution of response ,not later than #g days after the date of receipt of a response under subclause 7,,ii71 the ,secretary shall submit to the institution a copy of such response4 7iv7 ,determinations ,if the institution declines to entirely withdraw the policy that occasioned the complaint and either submits a revised policy for review or submits a defense of the policy that occasioned the complaint1 the ,secretary shall1 not later than #fj days after the date of the deadline for a response by the complaint as described in clause 7iii77,,ii71 make one of the following determinations3 7,i7 ,determine that the complaint in question has insufficient merit to proceed to ,second ,stage ,review described in subparagraph 7,b74 7,,ii7 ,determine that the complaint in question has sufficient merit to proceed to ,second ,stage ,review described in subparagraph 7,b74 7v7 ,notification ,not later than #g days after the date the ,secretary makes a determination under clause 7iv71 the ,secretary shall notify the institution and the complainant of such determination4 7vi7 ,end ,the determination under clause 7iv7 shall constitute the end of ,first ,stage ,review4 7,b7 ,second stage review 7i7 ,in general ,in a ,second ,stage ,review1 the ,secretary shall notify the institution and the complainant of the commencement of the ,second ,stage ,review1 and shall give the institution the option of entirely withdrawing the policy that occasioned the complaint or submitting a revised policy for review within #cj days of the commencement of the ,second ,stage ,review4 ,in such notification submitted to the institution and complainant1 the ,secretary shall indicate the relevant sections of the institution's policy in question and explain why these sections may be out of compliance4 7ii7 ,determination ,not later than #ij days from the commencement of the ,second ,stage ,review1 the ,secretary shall determine whether the policy that occasioned the complaint1 or the revised policy submitted during the ,first ,stage ,review1 or the revised policy submitted within the first #cj days of the ,second ,stage ,review1 is in violation of student rights under the ,first ,amendment to the ,constitution of the ,united ,states or of the restrictions on the regulation of speech by time1 place1 and manner set forth in this section1 thereby ending ,second ,stage ,review4 7iii7 ,investigation ,during ,second ,stage ,review1 the ,secretary may conduct an investigation in which further information may be sought or requested from the complainant1 the institution1 or any other source the ,secretary determines pertinent4 7iv7 ,certification of withdrawal ,at any point during the ,second ,stage ,review1 the institution in question may certify to the ,secretary that it has entirely withdrawn the policy that occasioned the complaint1 thereby ending the ,second ,stage ,review4 7v7 ,notification and justification ,if the ,secretary determines by the conclusion of ,second ,stage ,review that the policy that occasioned the complaint or the revised policy submitted for review during ,first ,stage ,review or ,second ,stage ,review is consistent with the expressive rights of students under the ,first ,amendment to the ,constitution of the ,united ,states and the restrictions on the regulation of speech by time1 place1 and manner set forth in this ,act-- 7,i7 the ,secretary shall notify the complainant and the institution of such determination not more than #g days after the date of the determination2 and 7,,ii7 the ,secretary shall explain and justify such determination in a written decision citing relevant legal precedent1 copies of which shall be sent to the complainant1 the institution1 and made available for public inspection1 including for online reading by the public4 7,c7 ,determination that institution is out of compliance 7i7 ,in general ,if1 upon completion of the ,second ,stage ,review1 the ,secretary determines that the policy that occasioned the complaint1 or the revised policy submitted for review during the ,first ,stage ,review or ,second ,stage ,review1 violates the ,first ,amendment to the ,constitution of the ,united ,states or the restrictions on the regulation of speech set forth in this section1 the ,secretary shall notify the complainant and the institution not more than #g days after the date of completion of ,second ,stage ,review that the institution is out of compliance with the requirements for receiving funds under this ,act1 including participation in any program under this title1 but will be granted a grace period of #abj days to return to compliance before being formally stripped of eligibility4 7ii7 ,posting2 explanation2 final review ,as part of the notification under clause 7i71 the ,secretary shall-- 7,i7 require the institution to post the determination of the ,secretary on the website of the institution within #b clicks of the homepage1 without a paywall1 email login1 or other restriction to access2 7,,ii7 explain and justify the determination of the ,secretary in a written decision citing relevant legal precedent1 copies of which shall be sent to the complainant1 the institution1 and made available for public inspection1 including for online reading by the public2 and 7,,iii7 inform the institution that ,final ,review has begun and that the institution must either certify to the ,secretary that it has entirely withdrawn the policy that occasioned the complaint1 or submit a revised policy for review to the ,secretary not later than #fj days after the date of receipt of notice of the conclusion of ,second ,stage ,review4 7,d7 ,final review 7i7 ,in general ,if an institution submits a revised policy for review as described in subparagraph 7,c77ii77,,iii71 the ,secretary shall review such revised policy and determine not later than #abj days after the date of commencement of ,final ,review whether the revised policy is consistent with the expressive rights of students under the ,first ,amendment to the ,constitution of the ,united ,states and with the restrictions on the regulation of speech by time1 place1 and manner set forth in this ,act4 7ii7 ,determination of compliance ,if the ,secretary determines1 as described in clause 7i71 that the revised policy is consistent with the expressive rights of students under the ,first ,amendment to the ,constitution of the ,united ,states and with the restrictions on the regulation of speech by time1 place1 and manner set forth in this ,act1 the ,secretary shall notify the complainant and the institution of such determination not more than #g days after the date the determination is made1 thereby ending the final ,stage ,review4 7iii7 ,determination of violation ,if the ,secretary determines1 as described in clause 7i71 that the revised policy violates the expressive rights of students under the ,first ,amendment to the ,constitution of the ,united ,states or the restrictions on the regulation of speech by time1 place1 and manner set forth in this ,act1 the ,secretary shall-- 7,i7 notify the complainant and the institution of such determination not more than #g days after the date the determination is made1 thereby ending the final ,stage ,review2 and 7,,ii7 explain and justify the determination in a written decision citing relevant legal precedent1 copies of which shall be sent to the complainant1 the institution1 and made available for public inspection1 including for online reading by the public4 7,e7 ,loss of eligibility 7i7 ,in general ,if the ,secretary determines1 during the ,final ,stage ,review1 that the institution's policy in question violates the expressive rights of students under the ,first ,amendment to the ,constitution of the ,united ,states or the restrictions on the regulation of speech by time1 place1 and manner set forth in this ,act1 the ,secretary shall-- 7,i7 notify the complainant and the institution not more than #g days after the date of the determination that the institution will lose eligibility to receive funds under this ,act1 including participation in any program under this title1 in accordance with this subparagraph2 7,,ii7 notify the institution that the loss of eligibility shall go into effect beginning with any student notified of acceptance for admission to the institution during the academic year subsequent to the academic year during which the determination is made1 and that no restoration of eligibility for ineligible students in subsequent academic years will occur prior to the beginning of the third academic year subsequent to the academic year during which the determination is made2 7,,iii7 explain and justify the determination in a written decision citing relevant legal precedent1 copies of which shall be sent to the complainant1 the institution1 and made available for public inspection1 including for online reading by the public2 and 7,,iv7 require the institution to post the determination of the ,secretary on the website of the institution1 within two clicks of the homepage1 without a paywall1 email login1 or other restriction to access4 7ii7 ,continued eligibility ,each student enrolled at the institution during the academic year in which eligibility is lost as described in this subparagraph1 and each student notified of acceptance for admission to the institution during the academic year in which eligibility is lost as described in this subparagraph1 shall continue to be eligible to participate1 through the institution1 in programs funded under this ,act during the #e-year period after the date of the loss of eligibility4 7,f7 ,restoration of eligibility 7i7 ,in general ,not later than #g days after the loss of eligibility under subparagraph 7,e71 the ,secretary shall inform the institution that it may restore eligibility1 either by certifying to the ,secretary that it has entirely withdrawn the policy that precipitated loss of eligibility1 or by submitting a revised policy for review at any time following the failure of the ,final ,review4 7ii7 ,review of revised policy ,the ,secretary shall review a revised policy submitted for review after the loss of eligibility and determine not later than #abj days after the date the revised policy is submitted whether it is consistent with the expressive rights of students under the ,first ,amendment to the ,constitution of the ,united ,states and with the restrictions on the regulation of speech by time1 place1 and manner set forth in this ,act4 7iii7 ,investigation ,while conducting a review to restore eligibility under this subparagraph1 the ,secretary may conduct an investigation in which further information may be sought or requested from the institution1 or any other source the ,secretary determines pertinent4 7iv7 ,written decision ,in making a determination of whether a revised policy submitted for review after the loss of eligibility is either consistent or inconsistent with the expressive rights of students under the ,first ,amendment to the ,constitution of the ,united ,states and with the restrictions on the regulation of speech by time1 place1 and manner set forth in this ,act1 the ,secretary shall explain and justify the determination in a written decision citing relevant legal precedent1 copies of which shall be sent to the complainant1 the institution1 and made available for public inspection1 including for online reading by the public4 7v7 ,limit on review ,the ,secretary may conduct not more than #a review to restore eligibility for a single institution in any given academic year4 7vi7 ,restoration ,if an institution certifies to the ,secretary that the policy that precipitated the loss of eligibility has been entirely withdrawn1 or if ,secretary determines that the revised policy submitted for review is consistent with the expressive rights of students under the ,first ,amendment to the ,constitution of the ,united ,states and with the restrictions on the regulation of speech by time1 place1 and manner set forth in this ,act1 the institution's eligibility to receive funds under this ,act1 including participation in any program under this title1 shall be restored not earlier than the beginning of the third academic year following the year in which notification of loss of eligibility was received4 7,g7 ,good faith representation 7i7 ,in general ,the ,secretary shall inform any institution undergoing review of its campus speech policies that it expects the institution to represent its policies1 along with any proposed revisions in such policies1 in good faith4 7ii7 ,misrepresentation 7,i7 ,complaints ,a student1 student organization1 or any other person or organization may file1 with the employee in the ,office of ,postsecondary ,education of the ,department designated by the ,secretary under paragraph 7#b7 to receive complaints1 a complaint that an institution has substantially misrepresented its speech policies1 or withheld information requested by the ,secretary during an investigation1 or attempted to circumvent the review process by reinstituting a policy under review in a substantially similar form without informing the ,secretary4 7,,ii7 ,loss of eligibility ,if the ,secretary determines upon investigation1 or after receiving a complaint under subclause 7,i71 that an institution has substantially misrepresented its speech policies1 or withheld information requested by the ,secretary during an investigation1 or attempted to circumvent the review process by reinstituting a policy under review in a substantially similar form without informing the ,secretary1 the institution shall lose eligibility to receive funds under this ,act1 including participation in any program under this title4 7iii7 ,loss of eligibility ,if an institution loses eligibility under clause 7ii71 the ,secretary shall notify the institution1 not later than #g days after the determination1 that the loss of eligibility shall go into effect beginning with any student notified of acceptance for admission to the institution during the academic year subsequent to the academic year during which the determination is made1 and that no restoration of eligibility for students admitted in subsequent academic years will occur prior to the beginning of the third academic year subsequent to the academic year during which the determination is made4 7f7 ,retaliation prohibited 7#a7 ,in general ,no person may intimidate1 threaten1 coerce1 or discriminate against any individual because the individual has made a report or complaint1 testified1 assisted1 or participated or refused to participate in any manner in an investigation1 proceeding1 or hearing under this section4 7#b7 ,specific circumstances 7,a7 ,exercise of first amendment rights ,the exercise of rights protected under the ,first ,amendment to the ,constitution of the ,united ,states does not constitute retaliation prohibited under paragraph 7#a74 7,b7 ,code of conduct violation for materially false statement ,charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this section does not constitute retaliation prohibited under paragraph 7#a74 ,a determination regarding responsibility1 alone1 is not sufficient to conclude that any party made a materially false statement in bad faith4 #dic;,f4 ,campus speech policies at private universities 7a7 ,in general ,each private institution of higher education eligible to receive funds under this ,act1 including any program under this title1 shall-- 7#a7 post in one place on the website of the institution all policies that pertain to the protection and regulation of the expressive rights of students1 including the right to submit a complaint under this section1 within #b clicks of the homepage1 without a paywall1 email login1 or other restriction to access2 7#b7 include a copy of such policies in a handbook distributed to new students2 and 7#c7 send a copy of-- 7,a7 such policies to the employee of the ,department designated by the ,secretary to receive such policies2 and 7,b7 any updates to such policies to such employee not later than #fj days after the date of a change to such policies4 7b7 ,responsibility for full policy disclosure ,each private institution of higher education described in subsection 7a7 shall include with the copy of the policies described in subsection 7a7-- 7#a7 a statement affirming that all policies pertinent to the protection and regulation of the expressive rights of students have been disclosed in the manner required by this section1 along with an acceptance of contractual obligation to publicly disclose all such policies2 and 7#b7 a statement affirming that publication of such policies as required by this section establishes a contractual obligation on the part of the institution to its students to maintain and enforce the disclosed policies1 and only those policies1 in matters pertaining to the protection and regulation of the expressive rights of students4 7c7 ,cause of action 7#a7 ,authorization ,a student claiming that a private institution of higher education in which the student is enrolled has violated any requirement or contractual obligation imposed by this section may bring an action in a ,federal court of competent jurisdiction to enjoin such violation or to recover compensatory damages1 reasonable court costs1 or reasonable attorney fees4 7#b7 ,actions ,notwithstanding any other provision of law1 in an action brought under this subsection1 the ,federal court shall decide de novo all relevant questions of fact and law1 including the interpretation of constitutional1 statutory1 and regulatory provisions1 unless the parties stipulate otherwise4 ,in an action brought under this subsection1 if the court finds a violation of subsection 7b71 the court-- 7,a7 shall-- 7i7 enjoin the violation2 and 7ii7 award the student-- 7,i7 not less than #ejj for an initial violation2 and 7,,ii7 if the student notifies the institution of the violation1 #ej for each day the violation continues after the notification if the institution did not act to discontinue the cause of the violation2 and 7,b7 may award a prevailing plaintiff-- 7i7 compensatory damages2 7ii7 reasonable court costs2 or 7iii7 reasonable attorney fees4 7d7 ,secretarial requirements 7#a7 ,designation of an employee ,the ,secretary shall designate an employee in the ,office of ,postsecondary ,education in the ,department who shall-- 7,a7 receive and compile updated copies of all policies pertaining to the protection and regulation of the expressive rights of students at private institutions of higher education that receive funds under this section1 including any programs under this title2 7,b7 preserve all records of such policies for a period of not less than #aj years and make such policies1 and the dates they were disclosed1 modified1 or withdrawn1 available for public inspection1 including for online reading by the public2 7,c7 receive complaints from students1 student organizations1 or from any other person or organization1 that believes a private institution of higher education has not disclosed a policy pertaining to the protection and regulation of the expressive rights of students as required by this section1 is enforcing a policy pertaining to the expressive rights of students that has not been disclosed as required by this section1 or has failed to make and publish a statement affirming contractual responsibility for full policy disclosure1 or affirming contractual responsibility for the enforcement of speech policies1 as required by this section2 7,d7 not more than #g days after the date of receipt of a complaint under subparagraph 7,c71 review the complaint and request a response from the institution2 7,e7 undertake an investigation1 in response to a complaint under subparagraph 7,c7 or at the ,secretary's independent initiative1 to determine whether a private institution of higher education has failed to disclose a policy pertaining to the protection and regulation of the expressive rights of students as required by this section1 is enforcing a policy pertaining to the expressive rights of students that has not been disclosed as required by this section1 or has failed to make and publish a statement affirming contractual responsibility for full policy disclosure1 or affirming contractual responsibility for the enforcement of speech policies1 as required by this section2 and 7,f7 determine1 not later than #abj days after the date of receipt of a complaint or #abj days after the date of the start of an investigation opened at the ,secretary's independent initiative1 whether the private institution of higher education in question has failed to disclose a policy pertaining to the protection and regulation of the expressive rights of students as required by this section1 is enforcing a policy pertaining to the expressive rights of students that has not been disclosed as required by this section1 or has failed to make and publish a statement affirming contractual responsibility for full speech policy disclosure1 or affirming contractual responsibility for the enforcement of speech policies1 as required by this section4 7#b7 ,loss of eligibility 7,a7 ,in general ,if the ,secretary determines that a private institution of higher education has failed to disclose a policy pertaining to the protection and regulation of the expressive rights of students as required by this section1 is enforcing a policy pertaining to the expressive rights of students that has not been disclosed as required by this section1 or has failed to make and publish a statement affirming contractual responsibility for full speech policy disclosure1 or affirming contractual responsibility for the enforcement of speech policies1 as required by this section1 the ,secretary shall notify the institution and1 if applicable1 the complainant1 not more than #g days after the date of such determination1 that the institution is out of compliance with the requirements for receiving funds under this ,act1 including participation in any program under this title1 but will be granted a grace period of #fj days to return to compliance before formally losing eligibility for receiving funds under this ,act1 including participation in any program under this title4 7,b7 ,specifications in notification ,as part of the notification under subparagraph 7,a71 the ,secretary shall specify which policies need to be disclosed and which statements affirming contractual responsibility for speech policy disclosure and contractual responsibility for speech policy enforcement need to be made and published in order for eligibility to be restored4 7,c7 ,notification of loss of eligibility 7i7 ,in general ,if the ,secretary determines that1 #fj days after being notified that it is out of compliance as described in subparagraph 7,a71 the institution has failed to return to compliance by making the appropriate speech policy disclosures1 or statement affirming contractual responsibility for full speech policy disclosure1 or statement affirming contractual responsibility for speech policy enforcement1 the ,secretary shall notify the institution and1 if applicable1 the complainant1 not more than #g days after the date of such determination-- 7,i7 that the institution will lose eligibility to receive funds under this ,act1 including participation in any program under this title2 7,,ii7 that the loss of eligibility shall go into effect beginning with any student notified of acceptance for admission to the institution during the academic year subsequent to the academic year during which the determination is made1 and that no restoration of eligibility for ineligible students in subsequent years will occur prior to the beginning of the third academic year subsequent to the academic year during which the determination is made2 and 7,,iii7 that the institution shall post the determination of the ,secretary on the website of the institution1 within two clicks of the homepage1 without a paywall1 email login1 or other restriction to access4 7ii7 ,continued eligibility ,each student enrolled at the institution during the academic year in which eligibility is lost as described in this subparagraph1 and each student notified of acceptance for admission to the institution during the academic year in which eligibility is lost as described in this subparagraph1 shall continue to be eligible to participate1 through the institution1 in programs funded under this ,act during the #e-year period after the date of the loss of eligibility4 7#c7 ,restoration of eligibility 7,a7 ,in general ,not later than #g days after the loss of eligibility under paragraph 7#b71 the ,secretary shall inform the institution that it may restore eligibility by making the appropriate speech policy disclosures1 or statement affirming contractual responsibility for full speech policy disclosure1 or statement affirming contractual responsibility for speech policy enforcement1 as directed by the ,secretary in conformity with this section4 7,b7 ,review ,the ,secretary shall review any policy disclosures1 or statement affirming contractual responsibility for full speech policy disclosure1 or statement affirming contractual responsibility for speech policy enforcement1 and determine whether they are sufficient to restore eligibility for receiving funds under this ,act1 including participation in any program under this title1 not later than #abj days after the date of receipt of such disclosures or statement4 7,c7 ,investigation ,while conducting a review to restore eligibility under this paragraph1 the ,secretary may conduct an investigation in which further information may be sought or requested from the institution1 or any other source the ,secretary determines pertinent4 7,d7 ,restoration ,if the ,secretary determines that the institution under review to restore eligibility under this paragraph has made the policy disclosures1 and issued the statement affirming contractual responsibility for full speech policy disclosure1 and the statement affirming contractual responsibility for speech policy enforcement1 as required by this section1 the institution's eligibility to receive funds under this ,act1 including participation in any program under this title1 shall be restored not earlier than the beginning of the third academic year following the year in which notification of loss of eligibility was received4 7,e7 ,limit on review ,the ,secretary may conduct not more than #a review to restore eligibility for a single institution in any given academic year4 7e7 ,nonapplication to certain institutions ,this section shall not apply to an institution of higher education that is controlled by a religious organization4 4 #aa4 ,severability ,if any provision of this ,act1 or the application of such provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 and the application of the remaining provisions of this ,act to any person or circumstance shall not be affected4