II 

117TH CONGRESS 

2D SESSION S. 4897 

To make reforms at institutions of higher education. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 20, 2022 

Mr. COTTON introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To make reforms at institutions of higher education. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Student Loan Reform 

5 Act of 2022’’. 

6 SEC. 2. PLUS LOAN REFORMS. 

7 (a) IN GENERAL.—Section 455(a) of the Higher 

8 Education Act of 1965 (20 U.S.C. 1087e(a)) is amended 

9 by adding at the end the following: 

10 ‘‘(4) TERMINATION AND RESTRICTION OF AU11 THORITY TO MAKE FEDERAL DIRECT PLUS LOANS.— 


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1 ‘‘(A) TERMINATION OF AUTHORITY TO

2 MAKE FEDERAL DIRECT PLUS LOANS TO GRAD3 UATE OR PROFESSIONAL STUDENTS WHO ARE

4 NOT COVERED HEALTHCARE STUDENTS.—Not5 withstanding any provision of this part or part 

6 B, for any period of instruction beginning on or 

7 after July 1, 2023, a graduate or professional 

8 student (except for a covered healthcare stu9 dent) shall not be eligible to receive a Federal 

10 Direct PLUS Loan under this part for the stu11 dent’s graduate or professional studies. 

12 ‘‘(B) EXCEPTION FOR PARENT BOR13 ROWERS AND COVERED HEALTHCARE STU14 DENTS.—Notwithstanding any provision of this 

15 part or part B, for any period of instruction be16 ginning on or after July 1, 2023 and for any 

17 parent borrower of a Federal Direct PLUS loan 

18 or any covered healthcare student— 

19 ‘‘(i) the maximum annual amount of 

20 any Federal Direct PLUS Loan shall not 

21 exceed $10,000; and 

22 ‘‘(ii) the maximum aggregate lifetime 

23 amount of any Federal Direct PLUS 

24 Loans shall not exceed $40,000. 


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1 ‘‘(C) COVERED HEALTHCARE STUDENT.— 

2 In this paragraph, the term ‘covered healthcare 

3 student’ means— 

4 ‘‘(i) a student who is in a course of 

5 study to— 

6 ‘‘(I) become a Doctor of 

7 Allopathic Medicine, Doctor of Osteo8 pathic Medicine, Doctor of Dentistry, 

9 Doctor of Optometry, Doctor of 

10 Podiatric Medicine, Doctor of Naturo11 pathic Medicine, Doctor of Naturop12 athy, Doctor of Veterinary Medicine, 

13 Doctor of Pharmacy, or Doctor of 

14 Chiropractic; or 

15 ‘‘(II) earn a doctoral degree in 

16 clinical psychology or a masters or 

17 doctoral degree in health administra18 tion; and 

19 ‘‘(ii) a student who is in a course of 

20 study to become a nurse who will have the 

21 same scope of practice as a doctor or de22 gree program described in clause (i).’’. 

23 (b) REPORT.— 

24 (1) IN GENERAL.—By not later than 3 years 

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1 retary of Education shall submit a report to Con2 gress offering recommendations on other critical 

3 STEM-based professions with a high return on in4 vestment for which graduate and professional stu5 dents should be allowed to access Federal Direct 

6 PLUS Loans under part D of title IV of the Higher 

7 Education Act of 1965 (20 U.S.C.1087a et seq.) for 

8 their graduate and professional studies. 

9 (2) CONSIDERATIONS.—In carrying out para10 graph (1), the Secretary shall consider— 

11 (A) how expanding Federal Direct PLUS 

12 Loans to graduate and professional students as 

13 described in paragraph (1) would benefit low-in14 come students; and 

15 (B) how Congress could index the max16 imum amount of Federal Direct PLUS Loans 

17 for each graduate or professional student bor18 rower to the median earnings for graduates of 

19 the borrower’s program of study at the bor20 rower’s institution of higher education, or the 

21 borrower’s program of study at a peer institu22 tion of higher education. 

23 (3) DEFINITION OF STEM-BASED.—In this sub24 section, the term ‘‘STEM-based’’ means based in 

25 science, technology, engineering, or mathematics. 


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1 SEC. 3. LOAN DEFAULT PENALTY. 

2 Section 454 of the Higher Education Act of 1965 (20 

3 U.S.C. 1087d(a)) is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (5), by striking ‘‘and’’ 

6 after the semicolon; 

7 (B) by redesignating paragraph (6) as 

8 paragraph (8); and 

9 (C) by inserting after paragraph (5) the 

10 following: 

11 ‘‘(6) provide that the institution accepts the 

12 loan default penalty requirements under subsection 

13 (d);’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(d) LOAN DEFAULT PENALTY REQUIREMENTS.— 

16 ‘‘(1) IN GENERAL.—Beginning with the second 

17 fiscal year that begins after the date of enactment 

18 of the Student Loan Reform Act of 2022, and each 

19 succeeding fiscal year, each institution of higher 

20 education participating in the direct student loan 

21 program under this part shall remit to the Sec22 retary, at such times as the Secretary may specify, 

23 a student loan default penalty, as determined under 

24 paragraph (2). 

25 ‘‘(2) STUDENT LOAN DEFAULT PENALTY.—For 

26 each fiscal year, the student loan default penalty 


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1 shall be an amount equal to 25 percent of the total 

2 amount of loans under this part received for attend3 ance at the institution— 

4 ‘‘(A) that entered into default loan status 

5 in the previous fiscal year; 

6 ‘‘(B) for which a borrower entered default 

7 loan status for the first time; and 

8 ‘‘(C) for which the borrower did not exit 

9 default loan status within the first 60 days 

10 after entering such status.’’. 

11 SEC. 4. INSTITUTIONAL RESPONSIBILITY FOR LOAN REPAY12 MENT. 

13 Section 454 of the Higher Education Act of 1965 (20 

14 U.S.C. 1087d(a)), as amended by section 3, is further 

15 amended— 

16 (1) in subsection (a), by inserting after para17 graph (6) the following:— 

18 ‘‘(7) provide that the institution accepts the in19 stitutional responsibility guarantee requirements 

20 under subsection (e); and’’; 

21 (2) by adding at the end the following: 

22 ‘‘(e) INSTITUTIONAL RESPONSIBILITY GUAR23 ANTEE.— 

24 ‘‘(1) IN GENERAL.—Beginning with respect to 

25 loans under this part that are disbursed during the 


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1 first award year that begins after the date of enact2 ment of the Student Loan Reform Act of 2022, and 

3 each succeeding fiscal year, each institution of high4 er education participating in the Direct student loan 

5 program under this part shall provide a written 

6 agreement to the Secretary asserting that the insti7 tution will remit to the Secretary, at such times as 

8 the Secretary may specify, an institutional responsi9 bility payment, as determined under paragraph (2). 

10 ‘‘(2) INSTITUTIONAL RESPONSIBILITY PAY11 MENT.—The institutional responsibility payment 

12 shall be, for each borrower who was enrolled in the 

13 institution, an amount equal to the lesser of— 

14 ‘‘(A) a percentage of the total outstanding 

15 balance of that borrower that was received for 

16 attendance at the institution by that borrower 

17 that is equal to 1 percent for each $1000 of the 

18 total amount under this part received for at19 tendance at the institution by that borrower; or 

20 ‘‘(B) 50 percent of the total outstanding 

21 balance of that borrower that was received 

22 under this part for attendance at the institution 

23 by that borrower. 

24 ‘‘(3) USE OF INSTITUTIONAL RESPONSIBILITY

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1 tutional responsibility payment received under this 

2 subsection for a borrower to the outstanding Direct 

3 student loan obligation of such student, and shall 

4 notify the student of the reduction in the balance of 

5 the student’s Direct student loan obligations. 

6 ‘‘(4) TOTAL OUTSTANDING BALANCE.—In this 

7 subsection, the term ‘total outstanding balance’ 

8 means the total amount of loans under this part— 

9 ‘‘(A) that have gone into default status 

10 and remain unpaid after a period of 10 years 

11 or more; and 

12 ‘‘(B) that remain unpaid after the period 

13 described in subparagraph (A) and after the 

14 Secretary has exhausted attempts to recover re15 payment from the borrower, including through 

16 wage garnishment under section 488A, an ad17 ministrative offset under section 3716 of title 

18 31, United States Code, a Federal salary offset, 

19 or any other legal means through which the 

20 Secretary may recover repayment of Federal 

21 student loans.’’. 

22 SEC. 5. LIMIT ON ADMINISTRATIVE STAFF. 

23 (a) PROGRAM PARTICIPATION AGREEMENT.—Section 

24 487(a) of the Higher Education Act of 1965 (20 U.S.C. 

25 1094(a)) is amended by adding at the end the following: 


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1 ‘‘(30) The institution will agree to the limit on 

2 administrative staff requirements described in sec3 tion 487C.’’. 

4 (b) LIMIT ON ADMINISTRATIVE STAFF.—Part G of 

5 title IV of the Higher Education Act of 1965 (20 U.S.C. 

6 1088 et seq.) is amended by inserting after section 487B 

7 the following: 

8 ‘‘SEC. 487C. LIMIT ON ADMINISTRATIVE STAFF. 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) ADMINISTRATIVE STAFF.—The term ‘ad11 ministrative staff’— 

12 ‘‘(A) means staff whose duties are pri13 marily non-academic, non-instructional, and 

14 non-research; 

15 ‘‘(B) includes any institutional support 

16 staff, such as human resources, marketing, pub17 lic relations, government relations, executive, 

18 administrative, or managerial staff; 

19 ‘‘(C) includes student services staff, such 

20 as diversity, equity, and inclusion staff; 

21 ‘‘(D) includes members of the academic 

22 administration, such as deans or provosts; and 

23 ‘‘(E) excludes grounds and maintenance 

24 staff, cafeteria staff, healthcare practitioners, 

25 campus security, religious clergy supported by 


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1 the institution, and information technology sup2 port staff. 

3 ‘‘(2) COVERED INSTITUTION.— 

4 ‘‘(A) IN GENERAL.—The term ‘covered in5 stitution’— 

6 ‘‘(i) means an institution that— 

7 ‘‘(I) charged an amount for un8 dergraduate tuition and fees equal to 

9 or greater than $20,000 for an aca10 demic year after the date of enact11 ment of the Student Loan Reform Act 

12 of 2022, as determined by the Sec13 retary on an annual basis; and 

14 ‘‘(II) for the first covered year, 

15 had 200 or more individuals serving 

16 as administrative staff; and 

17 ‘‘(ii) excludes— 

18 ‘‘(I) an institution that is con19 trolled by or that is closely identified 

20 with the tenets of a particular reli21 gious organization, as described in 

22 section 106.12(c) of title 34, Code of 

23 Federal Regulations (as in effect on 

24 the date of enactment of the Student 

25 Loan Reform Act of 2022); and 


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1 ‘‘(II) an institution that is a 

2 medical school, as determined by the 

3 Secretary. 

4 ‘‘(B) SPECIAL RULE.—If an institution 

5 charges separate amounts of undergraduate tui6 tion and fees and for in-State and out-of-State 

7 students, the amount of tuition and fees for the 

8 purposes of this paragraph shall be determined 

9 based on the amount that is an average of in10 State and out-of-State undergraduate tuition 

11 and fees. 

12 ‘‘(3) FIRST COVERED YEAR.—The term ‘first 

13 covered year’, when used with respect to a covered 

14 institution, means the first academic year after the 

15 date of enactment of the Student Loan Reform Act 

16 of 2022 for which the institution’s undergraduate 

17 tuition and fees exceeded $20,000, as determined in 

18 accordance with paragraph (2). 

19 ‘‘(b) IN GENERAL.—Beginning for the second aca20 demic year after the date of enactment of the Student 

21 Loan Reform Act of 2022, a covered institution that par22 ticipates in a program under this title shall be required— 

23 ‘‘(1) each year of a school’s participation in a 

24 program under this title, to reduce 10 percent of ad25 ministrative staff at the institution, as compared to 


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1 the total amount of such administrative staff at the 

2 institution in the first covered year, until the com3 pletion of the 5th year of such reductions, at which 

4 time the institution shall be required to demonstrate 

5 to the Secretary that the institution has reduced 50 

6 percent of the administrative staff at the institution, 

7 as compared to the administrative staff at the insti8 tution in the first covered year; 

9 ‘‘(2) to ensure that after the completion of the 

10 5-year period described in paragraph (1), the insti11 tution shall not increase the number of administra12 tive staff at the institution by more than 1 percent 

13 annually for the remainder of the institution’s par14 ticipation in a program under this title; 

15 ‘‘(3) to eliminate administrative staff in the 

16 order specified under subsection (c); and 

17 ‘‘(4) to submit an annual certification to the 

18 Secretary asserting that the institution meets the re19 quirements of paragraphs (1), (2), and (3). 

20 ‘‘(c) PRIORITY FOR ADMINISTRATIVE STAFF REDUC21 TIONS.—An institution shall reduce administrative staff in 

22 the following order: 

23 ‘‘(1) First, reducing diversity, equity, and inclu24 sion staff by not less than 95 percent. 


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1 ‘‘(2) Second, reducing executive or management 

2 staff. 

3 ‘‘(3) Third, reducing human resources staff.’’. 

4 SEC. 6. AFFIRMATIVE ACTION. 

5 (a) INSTITUTION OF HIGHER EDUCATION.—The 

6 term ‘‘institution of higher education’’ has the meaning 

7 given that term in section 102 of the Higher Education 

8 Act of 1965 (20 U.S.C. 1002). 

9 (b) PROHIBITION ON PREFERENTIAL TREATMENT

10 OR DISCRIMINATION.—An institution of higher education 

11 receiving Federal funds shall not grant preferential treat12 ment to, or discriminate against, any individual or group 

13 on the basis of race, color, ethnicity, or national origin, 

14 including treatment or discrimination related to employ15 ment and student admissions. 

16 SEC. 7. CRITICAL RACE THEORY. 

17 (a) DEFINITIONS.— 

18 (1) INSTITUTION OF HIGHER EDUCATION.—The 

19 term ‘‘institution of higher education’’ has the 

20 meaning given that term in section 102 of the High21 er Education Act of 1965 (20 U.S.C. 1002). 

22 (2) RACE-BASED THEORY.—The term ‘‘race23 based theory’’ means a theory that— 

24 (A) any race is inherently superior or infe25 rior to any other race; 


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1 (B) the United States is a fundamentally 

2 racist country; 

3 (C) the Declaration of Independence or the 

4 Constitution of the United States is a fun5 damentally racist document; 

6 (D) an individual’s moral worth is deter7 mined by the race of the individual; 

8 (E) an individual, by virtue of the race of 

9 the individual, is inherently racist or oppressive, 

10 whether consciously or unconsciously; or 

11 (F) an individual, because of the race of 

12 the individual, bears responsibility for the ac13 tions committed by members of the race of the 

14 individual. 

15 (b) PROHIBITION ON AWARD OF FUNDS TO CERTAIN

16 INSTITUTIONS OF HIGHER EDUCATION.—No Federal 

17 funds may be awarded to an institution of higher edu18 cation if such institution compels teachers or students to 

19 affirm, adhere to, adopt, or profess race-based theories or 

20 beliefs contrary to title VI of the Civil Rights Act of 1964 

21 (42 U.S.C. 2000d et seq.). 

22 (c) RULES OF CONSTRUCTION.— 

23 (1) PROTECTED SPEECH NOT RESTRICTED.— 

24 Nothing in this section shall be construed to restrict 

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1 vidual outside of an instructional setting of an insti2 tution of higher education. 

3 (2) ACCESS TO MATERIALS FOR THE PURPOSE

4 OF RESEARCH OR INDEPENDENT STUDY.—Nothing 

5 in this section shall be construed to prevent an indi6 vidual from accessing materials that advocate race7 based theories for the purpose of research or inde8 pendent study. 

9 SEC. 8. EXCISE TAXES ON CERTAIN COLLEGES AND UNI10 VERSITIES. 

11 (a) EXCISE TAX ON CERTAIN LARGE PRIVATE COL12 LEGE AND UNIVERSITY ENDOWMENTS.— 

13 (1) IN GENERAL.—Subchapter H of chapter 42 

14 of the Internal Revenue Code of 1986 is amended by 

15 adding at the end the following new section: 

16 ‘‘SEC. 4969. EXCISE TAX ON CERTAIN LARGE PRIVATE COL17 LEGE AND UNIVERSITY ENDOWMENTS. 

18 ‘‘(a) TAX IMPOSED.—There is hereby imposed on 

19 each specified applicable educational institution for the 

20 taxable year a tax equal to 1 percent of the aggregate fair 

21 market value of the assets of the institution at the end 

22 of the preceding taxable year. 

23 ‘‘(b) SPECIFIED APPLICABLE EDUCATIONAL INSTI24 TUTION.—For purposes of this subchapter, the term ‘spec25 ified applicable educational institution’ means any applicaVerDate Sep 11 2014 23:48 Sep 23, 2022 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S4897.IS S4897

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1 ble educational institution, other than an institution which 

2 is religious in nature, the aggregate fair market value of 

3 the assets of which at the end of the preceding taxable 

4 year (other than those assets which are used directly in 

5 carrying out the institution’s exempt purpose) is at least 

6 $2,500,000,000. 

7 ‘‘(c) OTHER TERMS.—For purposes of this section— 

8 ‘‘(1) ASSETS.—The rules of section 4968(d) 

9 shall apply. 

10 ‘‘(2) STUDENT.—The rules of section 

11 4968(b)(2) shall apply.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions for subchapter H of chapter 42 of the Internal 

14 Revenue Code of 1986 is amended by adding at the 

15 end the following new item: 

‘‘Sec. 4969. Excise tax on certain large private college and university endowments.’’. 

16 (b) FAILURE TO DISTRIBUTE ENDOWMENT AS17 SETS.— 

18 (1) IN GENERAL.—Subchapter H of chapter 42 

19 of the Internal Revenue Code of 1986, as amended 

20 by subsection (a), is amended by adding at the end 

21 the following new section: 

22 ‘‘SEC. 4970. FAILURE TO DISTRIBUTE ENDOWMENT ASSETS. 

23 ‘‘(a) TAX IMPOSED.—There is hereby imposed on the 

24 undistributed excess endowment amount of each specified 


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1 applicable educational institution for the taxable year, 

2 which has not been distributed before the first day of the 

3 second (or any succeeding) taxable year following such 

4 taxable year (if such first day falls within the taxable pe5 riod), a tax equal to 30 percent of such undistributed ex6 cess endowment amount remaining undistributed at the 

7 beginning of such second (or succeeding) taxable year. The 

8 tax imposed by this section shall not apply to the undis9 tributed excess endowment amount of a specified applica10 ble educational institution to the extent that the founda11 tion failed to distribute any amount solely because of an 

12 incorrect valuation of assets, if— 

13 ‘‘(1) the failure to value the assets properly was 

14 not willful and was due to reasonable cause, 

15 ‘‘(2) such amount is distributed as qualifying 

16 distributions by the institution during the allowable 

17 distribution period, 

18 ‘‘(3) the institution notifies the Secretary that 

19 such amount has been distributed as qualifying dis20 tributions to correct such failure, and 

21 ‘‘(4) such distribution is treated, by reason of 

22 subsection (e)(2), as made out of the undistributed 

23 income for the taxable year for which a tax would 

24 (except for this paragraph) have been imposed under 

25 this subsection. 


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1 ‘‘(b) ADDITIONAL TAX.—In any case in which an ini2 tial tax is imposed under subsection (a) on the undistrib3 uted excess endowment amount of any specified applicable 

4 educational institution for any taxable year, if any portion 

5 of such amount remains undistributed at the close of the 

6 taxable period, there is hereby imposed a tax equal to 100 

7 percent of the amount remaining undistributed at such 

8 time. 

9 ‘‘(c) UNDISTRIBUTED EXCESS ENDOWMENT

10 AMOUNT.—For purposes of this section, the term ‘undis11 tributed excess endowment amount’ means, with respect 

12 to any specified applicable educational institution for any 

13 taxable year as of any time, the amount by which— 

14 ‘‘(1) the distributable amount for such taxable 

15 year, exceeds 

16 ‘‘(2) the qualifying distributions made before 

17 such time out of such distributable amount. 

18 ‘‘(d) DISTRIBUTABLE AMOUNT.—For purposes of 

19 this section, the term ‘distributable amount’ means, with 

20 respect to any specified applicable educational institution 

21 for any taxable year, an amount equal to 5 percent of the 

22 aggregate fair market value of the assets of the institution 

23 at the end of the preceding taxable year. The rules of sec24 tion 4968(d) shall apply for purposes of this section. 


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1 ‘‘(e) QUALIFYING DISTRIBUTIONS.—For purposes of 

2 this section— 

3 ‘‘(1) IN GENERAL.—The term ‘qualifying dis4 tribution’ has the meaning given such term in sec5 tion 4942(g). 

6 ‘‘(2) OTHER RULES.—The rules of subsections 

7 (h) and (i) of section 4942 shall apply. 

8 ‘‘(f) TAXABLE PERIOD; ALLOWABLE DISTRIBUTION

9 PERIOD.—The rules of paragraphs (1) and (2) of section 

10 4942(j) shall apply for purposes of this section.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions for subchapter H of chapter 42 of the Internal 

13 Revenue Code of 1986, as amended by subsection 

14 (a), is further amended by adding at the end the fol15 lowing new item: 

‘‘Sec. 4970. Failure to distribute endowment assets.’’. 

16 (c) ESTABLISHMENT OF EXCISE TAX ON EXCESSIVE

17 TUITION.— 

18 (1) IN GENERAL.—Subchapter H of chapter 42 

19 of the Internal Revenue Code of 1986, as amended 

20 by subsections (a) and (b), is amended by adding at 

21 the end the following new section: 

22 ‘‘SEC. 4970A. EXCISE TAX ON EXCESSIVE TUITION. 

23 ‘‘(a) TAX IMPOSED.—There is hereby imposed on 

24 each applicable institution of higher education for the tax25 able year a tax equal to 20 percent of the total amount 


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1 of excessive tuition received by such applicable institution 

2 of higher education during such taxable year. 

3 ‘‘(b) EXCESSIVE TUITION.— 

4 ‘‘(1) IN GENERAL.—In this section, the term 

5 ‘excessive tuition’ means, with respect to any indi6 vidual enrolled at the undergraduate level in the ap7 plicable institution of higher education during any 

8 taxable year, the amount (if any) equal to the excess 

9 of— 

10 ‘‘(A) the amount of undergraduate tuition 

11 and fees paid by such individual to such appli12 cable institution of higher education during 

13 such taxable year, over 

14 ‘‘(B) $40,000. 

15 ‘‘(2) TUITION AND FEES.—For purposes of 

16 paragraph (1)(A), the term ‘tuition and fees’ has the 

17 same meaning given the term ‘qualified tuition and 

18 related expenses’ under section 25A(f)(1). 

19 ‘‘(c) APPLICABLE INSTITUTION OF HIGHER EDU20 CATION.—In this section, the term ‘applicable institution 

21 of higher education’ means an institution of higher edu22 cation as defined in section 102 of the Higher Education 

23 Act of 1965 (20 U.S.C. 1002) that is not— 


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1 ‘‘(1) an institution which is controlled by or 

2 which is closely identified with the tenets of a par3 ticular religious organization; or 

4 ‘‘(2) a medical school, as described in section 

5 487C(a)(2)(A)(ii)(II) of the Higher Education Act 

6 of 1965.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions for subchapter H of chapter 42 of such Code, 

9 as amended by subsections (a) and (b), is amended 

10 by adding at the end the following new item: 

‘‘Sec. 4970A. Excise tax on excessive tuition.’’. 

11 (d) TRANSFER OF FUNDS.—The Secretary of the 

12 Treasury (or such Secretary’s delegate) shall from time 

13 to time transfer from the general fund of the Treasury 

14 to the Secretary of Commerce amounts equal to the in15 crease in revenues by reason of the enactment of sub16 sections (a), (b), and (c), for the purpose of expanding 

17 opportunities relating to employer-led apprenticeship pro18 grams and on-the-job workforce training. Such funds shall 

19 be available until expended to carry out such activities 

20 through grants, cooperative agreements, contracts and 

21 other arrangements, with States and other appropriate en22 tities. 

23 (e) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply to taxable years beginning after 

25 the date of enactment of this Act. 


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1 SEC. 9. BAN ON REQUIRING FAFSA FOR FAMILIES WHO ARE 

2 NOT USING FEDERAL STUDENT AID. 

3 Section 487(a) of the Higher Education Act of 1965 

4 (20 U.S.C. 1094(a)), as amended by section 5, is further 

5 amended by adding at the end the following: 

6 ‘‘(31) The institution will not require or pres7 sure any prospective, accepted, or enrolled student 

8 at the institution to submit a Free Application for 

9 Federal Student Aid under section 483 if such stu10 dent does not wish to apply for or accept Federal 

11 student aid.’’. 

12 SEC. 10. CAMPUS FREE SPEECH RESTORATION. 

13 (a) PROTECTION OF STUDENT SPEECH AND ASSO14 CIATION RIGHTS.—Section 112(a) of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1011a(a)) is amended— 

16 (1) by redesignating paragraph (2) as para17 graph (4); and 

18 (2) by inserting after paragraph (1) the fol19 lowing: 

20 ‘‘(2) It is the sense of Congress that— 

21 ‘‘(A) every individual should be free to profess, 

22 and to maintain, the opinion of such individual in 

23 matters of religion or philosophy, and that pro24 fessing or maintaining such opinion should in no 

25 way diminish, enlarge, or affect the civil liberties or 


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1 rights of such individual on the campus of an insti2 tution of higher education; and 

3 ‘‘(B) no public institution of higher education 

4 directly or indirectly receiving financial assistance 

5 under this Act should limit religious expression, free 

6 expression, or any other rights provided under the 

7 First Amendment to the Constitution of the United 

8 States. 

9 ‘‘(3) It is the sense of Congress that— 

10 ‘‘(A) free speech zones and restrictive speech 

11 codes are inherently at odds with the freedom of 

12 speech guaranteed by the First Amendment to the 

13 Constitution of the United States; 

14 ‘‘(B) bias reporting systems are susceptible to 

15 abuses that may put them at odds with the freedom 

16 of speech guaranteed by the First Amendment to the 

17 Constitution of the United States; and 

18 ‘‘(C) no public institution of higher education 

19 directly or indirectly receiving financial assistance 

20 under this Act should restrict the speech of such in21 stitution’s students through improperly restrictive 

22 zones, codes, or bias reporting systems.’’. 

23 (b) CAMPUS SPEECH POLICIES AT INSTITUTIONS OF

24 HIGHER EDUCATION.—Title IV of the Higher Education 

25 Act of 1965 (20 U.S.C. 1070 et. seq.) is amended— 


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1 (1) in section 487(a), as amended by sections 5 

2 and 9, by adding at the end the following: 

3 ‘‘(32) In the case of an institution that is— 

4 ‘‘(A) a public institution, the institution 

5 will comply with the expressive activity protec6 tions described in section 493E; and 

7 ‘‘(B) not a public institution, the institu8 tion will comply with the policies in section 

9 493F.’’; and 

10 (2) in part G, by inserting after section 493D 

11 the following: 

12 ‘‘SEC. 493E. CAMPUS SPEECH POLICIES AT PUBLIC UNIVER13 SITIES. 

14 ‘‘(a) DEFINITION OF EXPRESSIVE ACTIVITIES.— 

15 ‘‘(1) IN GENERAL.—In this section, the term 

16 ‘expressive activity’ includes— 

17 ‘‘(A) peacefully assembling, protesting, 

18 speaking, or listening; 

19 ‘‘(B) distributing literature; 

20 ‘‘(C) carrying a sign; 

21 ‘‘(D) circulating a petition; or 

22 ‘‘(E) other expressive rights guaranteed 

23 under the First Amendment to the Constitution 

24 of the United States. 


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1 ‘‘(2) EXCLUSIONS.—In this section, the term 

2 ‘expressive activity’ does not include unprotected 

3 speech (as defined by the precedents of the Supreme 

4 Court of the United States). 

5 ‘‘(b) EXPRESSIVE ACTIVITIES AT AN INSTITUTION.— 

6 ‘‘(1) IN GENERAL.—Each public institution of 

7 higher education participating in a program under 

8 this title may not prohibit, subject to paragraph (2), 

9 a person from freely engaging in noncommercial ex10 pressive activity in a generally accessible outdoor 

11 area on the institution’s campus if the person’s con12 duct is lawful. 

13 ‘‘(2) RESTRICTIONS.—An institution of higher 

14 education described in paragraph (1) may not main15 tain or enforce time, place, or manner restrictions on 

16 an expressive activity in a generally accessible out17 door area of the institution’s campus unless the re18 striction— 

19 ‘‘(A) is necessary to achieve a compelling 

20 governmental interest; 

21 ‘‘(B) is the least restrictive means of fur22 thering that compelling governmental interest; 

23 ‘‘(C) is based on published, content-neu24 tral, and viewpoint-neutral criteria; 


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•S 4897 IS

1 ‘‘(D) leaves open ample alternative chan2 nels for communication; and 

3 ‘‘(E) provides for spontaneous assembly 

4 and distribution of literature. 

5 ‘‘(3) APPLICATION.—The protections provided 

6 under paragraph (1) do not apply to expressive ac7 tivity in an area on an institution’s campus that is 

8 not a generally accessible outdoor area. 

9 ‘‘(4) NONAPPLICATION TO SERVICE ACAD10 EMIES.—This section shall not apply to an institu11 tion of higher education whose primary purpose is 

12 the training of individuals for the military services 

13 of the United States, or the merchant marine. 

14 ‘‘(c) CAUSES OF ACTION.— 

15 ‘‘(1) AUTHORIZATION.—The following persons 

16 may bring an action in a Federal court of competent 

17 jurisdiction to enjoin a violation of subsection (b) or 

18 to recover compensatory damages, reasonable court 

19 costs, or reasonable attorney fees: 

20 ‘‘(A) The Attorney General. 

21 ‘‘(B) A person claiming that the person’s 

22 expressive activity rights, as described in sub23 section (b)(1), were violated. 

24 ‘‘(2) ACTIONS.—Notwithstanding any other 

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1 tion, the Federal court shall decide de novo all rel2 evant questions of fact and law, including the inter3 pretation of constitutional, statutory, and regulatory 

4 provisions, unless the parties stipulate otherwise. In 

5 an action brought under this subsection, if the court 

6 finds a violation of subsection (b), the court— 

7 ‘‘(A) shall— 

8 ‘‘(i) enjoin the violation; and 

9 ‘‘(ii) if a person whose expressive ac10 tivity rights were violated brought the ac11 tion, award the person— 

12 ‘‘(I) not less than $500 for an 

13 initial violation; and 

14 ‘‘(II) if the person notifies the in15 stitution of the violation, $50 for each 

16 day the violation continues after the 

17 notification if the institution did not 

18 act to discontinue the cause of the 

19 violation; and 

20 ‘‘(B) may award a prevailing plaintiff— 

21 ‘‘(i) compensatory damages; 

22 ‘‘(ii) reasonable court costs; or 

23 ‘‘(iii) reasonable attorney fees. 

24 ‘‘(d) STATUTE OF LIMITATIONS.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (3), an action under subsection (c) may not 

3 be brought later than 1 year after the date of the 

4 violation. 

5 ‘‘(2) CONTINUING VIOLATION.—Each day that 

6 a violation of subsection (b) continues after an ini7 tial violation of subsection (b), and each day that an 

8 institution’s policy in violation of subsection (b) re9 mains in effect, shall constitute a continuing viola10 tion of subsection (b). 

11 ‘‘(3) EXTENSION.—For a continuing violation 

12 described in paragraph (2), the limitation described 

13 in paragraph (1) shall extend to 1 year after the 

14 date on which the most recent violation occurs. 

15 ‘‘(e) FEDERAL REVIEW OF SPEECH POLICIES.— 

16 ‘‘(1) NO ELIGIBILITY FOR FUNDS.— 

17 ‘‘(A) IN GENERAL.—No public institution 

18 of higher education shall be eligible to receive 

19 funds under this Act, including participation in 

20 any program under this title, if the Secretary 

21 determines that the institution— 

22 ‘‘(i) maintains a policy that infringes 

23 upon the expressive rights of students 

24 under the First Amendment to the Con25 stitution of the United States; or 


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•S 4897 IS

1 ‘‘(ii) maintains or enforces time, 

2 place, or manner restrictions on an expres3 sive activity in a generally accessible out4 door area of the institution’s campus that 

5 do not comply with subparagraphs (A) 

6 through (E) of subsection (b)(2). 

7 ‘‘(B) COURT REVIEW.—Notwithstanding 

8 any other provision of law, the Secretary’s de9 terminations under this subsection shall be re10 viewed de novo with respect to all relevant ques11 tions of fact and law, including the interpreta12 tion of constitutional, statutory, and regulatory 

13 provisions, unless the parties stipulate other14 wise. 

15 ‘‘(2) DESIGNATION OF AN EMPLOYEE TO RE16 CEIVE COMPLAINTS.—The Secretary shall designate 

17 an employee in the Office of Postsecondary Edu18 cation of the Department to receive complaints from 

19 students or student organizations at a given public 

20 institution of higher education, or from any other 

21 person or organization, regarding policies at the in22 stitution— 

23 ‘‘(A) that infringe upon the expressive 

24 rights of students under the First Amendment 

25 to the Constitution of the United States; or 


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•S 4897 IS

1 ‘‘(B) that maintain or enforce time, place, 

2 or manner restrictions on an expressive activity 

3 in a generally accessible outdoor area of the in4 stitution’s campus that do not comply with sub5 paragraphs (A) through (E) of subsection 

6 (b)(2). 

7 ‘‘(3) COMPLAINT.—A complaint submitted 

8 under subparagraph (2)— 

9 ‘‘(A) shall include the provision of the in10 stitution’s policy the complainant believes either 

11 infringes upon the expressive rights of students 

12 under the First Amendment to the Constitution 

13 of the United States or maintains or enforces 

14 time, place, or manner restrictions on an ex15 pressive activity in a generally accessible out16 door area of the institution’s campus that does 

17 not comply with subparagraphs (A) through (E) 

18 of subsection (b)(2), along with any evidence re19 garding the operation and enforcement of such 

20 policy the complainant deems relevant; and 

21 ‘‘(B) may include an argument as to why 

22 the policy in question either infringes upon the 

23 expressive rights of students under the First 

24 Amendment to the Constitution of the United 

25 States or maintains or enforces time, place, or 


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•S 4897 IS

1 manner restrictions on an expressive activity in 

2 a generally accessible outdoor area of the insti3 tution’s campus that does not comply with sub4 paragraphs (A) through (E) of subsection 

5 (b)(2). 

6 ‘‘(4) SYSTEM OF REVIEW.— 

7 ‘‘(A) FIRST STAGE REVIEW.— 

8 ‘‘(i) REQUEST FOR RESPONSE.—Not 

9 later than 7 days after the date of receipt 

10 of a complaint under paragraph (2), the 

11 Secretary shall review the complaint and 

12 request a response to the complaint from 

13 the institution. 

14 ‘‘(ii) INSTITUTION RESPONSE.—Not 

15 later than 30 days after the date the Sec16 retary requests a response under clause (i), 

17 the institution shall— 

18 ‘‘(I) certify to the Secretary that 

19 the institution has entirely withdrawn 

20 the policy that occasioned the com21 plaint; 

22 ‘‘(II) submit a revised policy for 

23 review by the Secretary; or 

24 ‘‘(III) submit a defense of the 

25 policy that occasioned the complaint. 


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1 ‘‘(iii) AVAILABILITY TO COMPLAIN2 ANT.— 

3 ‘‘(I) IN GENERAL.—Not later 

4 than 7 days after the date of receipt 

5 of a revised policy or defense of the 

6 original policy as submitted by the in7 stitution pursuant to clause (ii), the 

8 Secretary shall make available to the 

9 complainant a copy of such revised 

10 policy or defense. 

11 ‘‘(II) RESPONSE BY COMPLAIN12 ANT.—Not later than 60 days after 

13 the date of receipt of a revised policy 

14 or defense of the original policy under 

15 subclause (I), the complainant may 

16 submit to the Secretary a response to 

17 the revised policy or defense of the 

18 original policy. 

19 ‘‘(III) SUBMISSION TO THE IN20 STITUTION OF RESPONSE.—Not later 

21 than 7 days after the date of receipt 

22 of a response under subclause (II), 

23 the Secretary shall submit to the in24 stitution a copy of such response. 


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•S 4897 IS

1 ‘‘(iv) DETERMINATIONS.—If the insti2 tution declines to entirely withdraw the 

3 policy that occasioned the complaint and 

4 either submits a revised policy for review 

5 or submits a defense of the policy that oc6 casioned the complaint, the Secretary shall, 

7 not later than 60 days after the date of the 

8 deadline for a response by the complaint as 

9 described in clause (iii)(II), make one of 

10 the following determinations: 

11 ‘‘(I) Determine that the com12 plaint in question has insufficient 

13 merit to proceed to Second Stage Re14 view described in subparagraph (B). 

15 ‘‘(II) Determine that the com16 plaint in question has sufficient merit 

17 to proceed to Second Stage Review 

18 described in subparagraph (B). 

19 ‘‘(v) NOTIFICATION.—Not later than 

20 7 days after the date the Secretary makes 

21 a determination under clause (iv), the Sec22 retary shall notify the institution and the 

23 complainant of such determination. 


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1 ‘‘(vi) END.—The determination under 

2 clause (iv) shall constitute the end of First 

3 Stage Review. 

4 ‘‘(B) SECOND STAGE REVIEW.— 

5 ‘‘(i) IN GENERAL.—In a Second Stage 

6 Review, the Secretary shall notify the insti7 tution and the complainant of the com8 mencement of the Second Stage Review, 

9 and shall give the institution the option of 

10 entirely withdrawing the policy that occa11 sioned the complaint or submitting a re12 vised policy for review within 30 days of 

13 the commencement of the Second Stage 

14 Review. In such notification submitted to 

15 the institution and complainant, the Sec16 retary shall indicate the relevant sections 

17 of the institution’s policy in question and 

18 explain why these sections may be out of 

19 compliance. 

20 ‘‘(ii) DETERMINATION.—Not later 

21 than 90 days from the commencement of 

22 the Second Stage Review, the Secretary 

23 shall determine whether the policy that oc24 casioned the complaint, or the revised pol25 icy submitted during the First Stage ReVerDate Sep 11 2014 23:48 Sep 23, 2022 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S4897.IS S4897

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•S 4897 IS

1 view, or the revised policy submitted within 

2 the first 30 days of the Second Stage Re3 view, is in violation of student rights under 

4 the First Amendment to the Constitution 

5 of the United States or of the restrictions 

6 on the regulation of speech by time, place, 

7 and manner set forth in this section, there8 by ending Second Stage Review. 

9 ‘‘(iii) INVESTIGATION.—During Sec10 ond Stage Review, the Secretary may con11 duct an investigation in which further in12 formation may be sought or requested 

13 from the complainant, the institution, or 

14 any other source the Secretary determines 

15 pertinent. 

16 ‘‘(iv) CERTIFICATION OF WITH17 DRAWAL.—At any point during the Second 

18 Stage Review, the institution in question 

19 may certify to the Secretary that it has en20 tirely withdrawn the policy that occasioned 

21 the complaint, thereby ending the Second 

22 Stage Review. 

23 ‘‘(v) NOTIFICATION AND JUSTIFICA24 TION.—If the Secretary determines by the 

25 conclusion of Second Stage Review that 


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•S 4897 IS

1 the policy that occasioned the complaint or 

2 the revised policy submitted for review dur3 ing First Stage Review or Second Stage 

4 Review is consistent with the expressive 

5 rights of students under the First Amend6 ment to the Constitution of the United 

7 States and the restrictions on the regula8 tion of speech by time, place, and manner 

9 set forth in this Act— 

10 ‘‘(I) the Secretary shall notify the 

11 complainant and the institution of 

12 such determination not more than 7 

13 days after the date of the determina14 tion; and 

15 ‘‘(II) the Secretary shall explain 

16 and justify such determination in a 

17 written decision citing relevant legal 

18 precedent, copies of which shall be 

19 sent to the complainant, the institu20 tion, and made available for public in21 spection, including for online reading 

22 by the public. 

23 ‘‘(C) DETERMINATION THAT INSTITUTION

24 IS OUT OF COMPLIANCE.— 


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•S 4897 IS

1 ‘‘(i) IN GENERAL.—If, upon comple2 tion of the Second Stage Review, the Sec3 retary determines that the policy that occa4 sioned the complaint, or the revised policy 

5 submitted for review during the First 

6 Stage Review or Second Stage Review, vio7 lates the First Amendment to the Con8 stitution of the United States or the re9 strictions on the regulation of speech set 

10 forth in this section, the Secretary shall 

11 notify the complainant and the institution 

12 not more than 7 days after the date of 

13 completion of Second Stage Review that 

14 the institution is out of compliance with 

15 the requirements for receiving funds under 

16 this Act, including participation in any 

17 program under this title, but will be grant18 ed a grace period of 120 days to return to 

19 compliance before being formally stripped 

20 of eligibility. 

21 ‘‘(ii) POSTING; EXPLANATION; FINAL

22 REVIEW.—As part of the notification under 

23 clause (i), the Secretary shall— 

24 ‘‘(I) require the institution to 

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1 retary on the website of the institu2 tion within 2 clicks of the homepage, 

3 without a paywall, email login, or 

4 other restriction to access; 

5 ‘‘(II) explain and justify the de6 termination of the Secretary in a writ7 ten decision citing relevant legal 

8 precedent, copies of which shall be 

9 sent to the complainant, the institu10 tion, and made available for public in11 spection, including for online reading 

12 by the public; and 

13 ‘‘(III) inform the institution that 

14 Final Review has begun and that the 

15 institution must either certify to the 

16 Secretary that it has entirely with17 drawn the policy that occasioned the 

18 complaint, or submit a revised policy 

19 for review to the Secretary not later 

20 than 60 days after the date of receipt 

21 of notice of the conclusion of Second 

22 Stage Review. 

23 ‘‘(D) FINAL REVIEW.— 

24 ‘‘(i) IN GENERAL.—If an institution 

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1 scribed in subparagraph (C)(ii)(III), the 

2 Secretary shall review such revised policy 

3 and determine not later than 120 days 

4 after the date of commencement of Final 

5 Review whether the revised policy is con6 sistent with the expressive rights of stu7 dents under the First Amendment to the 

8 Constitution of the United States and with 

9 the restrictions on the regulation of speech 

10 by time, place, and manner set forth in 

11 this Act. 

12 ‘‘(ii) DETERMINATION OF COMPLI13 ANCE.—If the Secretary determines, as de14 scribed in clause (i), that the revised policy 

15 is consistent with the expressive rights of 

16 students under the First Amendment to 

17 the Constitution of the United States and 

18 with the restrictions on the regulation of 

19 speech by time, place, and manner set 

20 forth in this Act, the Secretary shall notify 

21 the complainant and the institution of such 

22 determination not more than 7 days after 

23 the date the determination is made, there24 by ending the final Stage Review. 


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1 ‘‘(iii) DETERMINATION OF VIOLA2 TION.—If the Secretary determines, as de3 scribed in clause (i), that the revised policy 

4 violates the expressive rights of students 

5 under the First Amendment to the Con6 stitution of the United States or the re7 strictions on the regulation of speech by 

8 time, place, and manner set forth in this 

9 Act, the Secretary shall— 

10 ‘‘(I) notify the complainant and 

11 the institution of such determination 

12 not more than 7 days after the date 

13 the determination is made, thereby 

14 ending the final Stage Review; and 

15 ‘‘(II) explain and justify the de16 termination in a written decision cit17 ing relevant legal precedent, copies of 

18 which shall be sent to the complain19 ant, the institution, and made avail20 able for public inspection, including 

21 for online reading by the public. 

22 ‘‘(E) LOSS OF ELIGIBILITY.— 

23 ‘‘(i) IN GENERAL.—If the Secretary 

24 determines, during the Final Stage Review, 

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1 lates the expressive rights of students 

2 under the First Amendment to the Con3 stitution of the United States or the re4 strictions on the regulation of speech by 

5 time, place, and manner set forth in this 

6 Act, the Secretary shall— 

7 ‘‘(I) notify the complainant and 

8 the institution not more than 7 days 

9 after the date of the determination 

10 that the institution will lose eligibility 

11 to receive funds under this Act, in12 cluding participation in any program 

13 under this title, in accordance with 

14 this subparagraph; 

15 ‘‘(II) notify the institution that 

16 the loss of eligibility shall go into ef17 fect beginning with any student noti18 fied of acceptance for admission to the 

19 institution during the academic year 

20 subsequent to the academic year dur21 ing which the determination is made, 

22 and that no restoration of eligibility 

23 for ineligible students in subsequent 

24 academic years will occur prior to the 

25 beginning of the third academic year 


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•S 4897 IS

1 subsequent to the academic year dur2 ing which the determination is made; 

3 ‘‘(III) explain and justify the de4 termination in a written decision cit5 ing relevant legal precedent, copies of 

6 which shall be sent to the complain7 ant, the institution, and made avail8 able for public inspection, including 

9 for online reading by the public; and 

10 ‘‘(IV) require the institution to 

11 post the determination of the Sec12 retary on the website of the institu13 tion, within two clicks of the home14 page, without a paywall, email login, 

15 or other restriction to access. 

16 ‘‘(ii) CONTINUED ELIGIBILITY.—Each 

17 student enrolled at the institution during 

18 the academic year in which eligibility is 

19 lost as described in this subparagraph, and 

20 each student notified of acceptance for ad21 mission to the institution during the aca22 demic year in which eligibility is lost as de23 scribed in this subparagraph, shall con24 tinue to be eligible to participate, through 

25 the institution, in programs funded under 


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1 this Act during the 5-year period after the 

2 date of the loss of eligibility. 

3 ‘‘(F) RESTORATION OF ELIGIBILITY.— 

4 ‘‘(i) IN GENERAL.—Not later than 7 

5 days after the loss of eligibility under sub6 paragraph (E), the Secretary shall inform 

7 the institution that it may restore eligi8 bility, either by certifying to the Secretary 

9 that it has entirely withdrawn the policy 

10 that precipitated loss of eligibility, or by 

11 submitting a revised policy for review at 

12 any time following the failure of the Final 

13 Review. 

14 ‘‘(ii) REVIEW OF REVISED POLICY.— 

15 The Secretary shall review a revised policy 

16 submitted for review after the loss of eligi17 bility and determine not later than 120 

18 days after the date the revised policy is 

19 submitted whether it is consistent with the 

20 expressive rights of students under the 

21 First Amendment to the Constitution of 

22 the United States and with the restrictions 

23 on the regulation of speech by time, place, 

24 and manner set forth in this Act. 


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1 ‘‘(iii) INVESTIGATION.—While con2 ducting a review to restore eligibility under 

3 this subparagraph, the Secretary may con4 duct an investigation in which further in5 formation may be sought or requested 

6 from the institution, or any other source 

7 the Secretary determines pertinent. 

8 ‘‘(iv) WRITTEN DECISION.—In making 

9 a determination of whether a revised policy 

10 submitted for review after the loss of eligi11 bility is either consistent or inconsistent 

12 with the expressive rights of students 

13 under the First Amendment to the Con14 stitution of the United States and with the 

15 restrictions on the regulation of speech by 

16 time, place, and manner set forth in this 

17 Act, the Secretary shall explain and justify 

18 the determination in a written decision cit19 ing relevant legal precedent, copies of 

20 which shall be sent to the complainant, the 

21 institution, and made available for public 

22 inspection, including for online reading by 

23 the public. 

24 ‘‘(v) LIMIT ON REVIEW.—The Sec25 retary may conduct not more than 1 review 


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1 to restore eligibility for a single institution 

2 in any given academic year. 

3 ‘‘(vi) RESTORATION.—If an institu4 tion certifies to the Secretary that the pol5 icy that precipitated the loss of eligibility 

6 has been entirely withdrawn, or if Sec7 retary determines that the revised policy 

8 submitted for review is consistent with the 

9 expressive rights of students under the 

10 First Amendment to the Constitution of 

11 the United States and with the restrictions 

12 on the regulation of speech by time, place, 

13 and manner set forth in this Act, the insti14 tution’s eligibility to receive funds under 

15 this Act, including participation in any 

16 program under this title, shall be restored 

17 not earlier than the beginning of the third 

18 academic year following the year in which 

19 notification of loss of eligibility was re20 ceived. 

21 ‘‘(G) GOOD FAITH REPRESENTATION.— 

22 ‘‘(i) IN GENERAL.—The Secretary 

23 shall inform any institution undergoing re24 view of its campus speech policies that it 

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1 cies, along with any proposed revisions in 

2 such policies, in good faith. 

3 ‘‘(ii) MISREPRESENTATION.— 

4 ‘‘(I) COMPLAINTS.—A student, 

5 student organization, or any other 

6 person or organization may file, with 

7 the employee in the Office of Postsec8 ondary Education of the Department 

9 designated by the Secretary under 

10 paragraph (2) to receive complaints, a 

11 complaint that an institution has sub12 stantially misrepresented its speech 

13 policies, or withheld information re14 quested by the Secretary during an 

15 investigation, or attempted to cir16 cumvent the review process by reinsti17 tuting a policy under review in a sub18 stantially similar form without inform19 ing the Secretary. 

20 ‘‘(II) LOSS OF ELIGIBILITY.—If 

21 the Secretary determines upon inves22 tigation, or after receiving a complaint 

23 under subclause (I), that an institu24 tion has substantially misrepresented 

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1 mation requested by the Secretary 

2 during an investigation, or attempted 

3 to circumvent the review process by 

4 reinstituting a policy under review in 

5 a substantially similar form without 

6 informing the Secretary, the institu7 tion shall lose eligibility to receive 

8 funds under this Act, including par9 ticipation in any program under this 

10 title. 

11 ‘‘(iii) LOSS OF ELIGIBILITY.—If an in12 stitution loses eligibility under clause (ii), 

13 the Secretary shall notify the institution, 

14 not later than 7 days after the determina15 tion, that the loss of eligibility shall go into 

16 effect beginning with any student notified 

17 of acceptance for admission to the institu18 tion during the academic year subsequent 

19 to the academic year during which the de20 termination is made, and that no restora21 tion of eligibility for students admitted in 

22 subsequent academic years will occur prior 

23 to the beginning of the third academic year 

24 subsequent to the academic year during 

25 which the determination is made. 


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1 ‘‘(f) RETALIATION PROHIBITED.— 

2 ‘‘(1) IN GENERAL.—No person may intimidate, 

3 threaten, coerce, or discriminate against any indi4 vidual because the individual has made a report or 

5 complaint, testified, assisted, or participated or re6 fused to participate in any manner in an investiga7 tion, proceeding, or hearing under this section. 

8 ‘‘(2) SPECIFIC CIRCUMSTANCES.— 

9 ‘‘(A) EXERCISE OF FIRST AMENDMENT

10 RIGHTS.—The exercise of rights protected 

11 under the First Amendment to the Constitution 

12 of the United States does not constitute retalia13 tion prohibited under paragraph (1). 

14 ‘‘(B) CODE OF CONDUCT VIOLATION FOR

15 MATERIALLY FALSE STATEMENT.—Charging an 

16 individual with a code of conduct violation for 

17 making a materially false statement in bad 

18 faith in the course of a grievance proceeding 

19 under this section does not constitute retalia20 tion prohibited under paragraph (1). A deter21 mination regarding responsibility, alone, is not 

22 sufficient to conclude that any party made a 

23 materially false statement in bad faith. 


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•S 4897 IS

1 ‘‘SEC. 493F. CAMPUS SPEECH POLICIES AT PRIVATE UNI2 VERSITIES. 

3 ‘‘(a) IN GENERAL.—Each private institution of high4 er education eligible to receive funds under this Act, in5 cluding any program under this title, shall— 

6 ‘‘(1) post in one place on the website of the in7 stitution all policies that pertain to the protection 

8 and regulation of the expressive rights of students, 

9 including the right to submit a complaint under this 

10 section, within 2 clicks of the homepage, without a 

11 paywall, email login, or other restriction to access; 

12 ‘‘(2) include a copy of such policies in a hand13 book distributed to new students; and 

14 ‘‘(3) send a copy of— 

15 ‘‘(A) such policies to the employee of the 

16 Department designated by the Secretary to re17 ceive such policies; and 

18 ‘‘(B) any updates to such policies to such 

19 employee not later than 60 days after the date 

20 of a change to such policies. 

21 ‘‘(b) RESPONSIBILITY FOR FULL POLICY DISCLO22 SURE.—Each private institution of higher education de23 scribed in subsection (a) shall include with the copy of the 

24 policies described in subsection (a)— 

25 ‘‘(1) a statement affirming that all policies per26 tinent to the protection and regulation of the expresVerDate Sep 11 2014 23:48 Sep 23, 2022 Jkt 029200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S4897.IS S4897

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1 sive rights of students have been disclosed in the 

2 manner required by this section, along with an ac3 ceptance of contractual obligation to publicly disclose 

4 all such policies; and 

5 ‘‘(2) a statement affirming that publication of 

6 such policies as required by this section establishes 

7 a contractual obligation on the part of the institu8 tion to its students to maintain and enforce the dis9 closed policies, and only those policies, in matters 

10 pertaining to the protection and regulation of the ex11 pressive rights of students. 

12 ‘‘(c) CAUSE OF ACTION.— 

13 ‘‘(1) AUTHORIZATION.—A student claiming 

14 that a private institution of higher education in 

15 which the student is enrolled has violated any re16 quirement or contractual obligation imposed by this 

17 section may bring an action in a Federal court of 

18 competent jurisdiction to enjoin such violation or to 

19 recover compensatory damages, reasonable court 

20 costs, or reasonable attorney fees. 

21 ‘‘(2) ACTIONS.—Notwithstanding any other 

22 provision of law, in an action brought under this 

23 subsection, the Federal court shall decide de novo all 

24 relevant questions of fact and law, including the in25 terpretation of constitutional, statutory, and reguVerDate Sep 11 2014 23:48 Sep 23, 2022 Jkt 029200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S4897.IS S4897

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1 latory provisions, unless the parties stipulate other2 wise. In an action brought under this subsection, if 

3 the court finds a violation of subsection (b), the 

4 court— 

5 ‘‘(A) shall— 

6 ‘‘(i) enjoin the violation; and 

7 ‘‘(ii) award the student— 

8 ‘‘(I) not less than $500 for an 

9 initial violation; and 

10 ‘‘(II) if the student notifies the 

11 institution of the violation, $50 for 

12 each day the violation continues after 

13 the notification if the institution did 

14 not act to discontinue the cause of the 

15 violation; and 

16 ‘‘(B) may award a prevailing plaintiff— 

17 ‘‘(i) compensatory damages; 

18 ‘‘(ii) reasonable court costs; or 

19 ‘‘(iii) reasonable attorney fees. 

20 ‘‘(d) SECRETARIAL REQUIREMENTS.— 

21 ‘‘(1) DESIGNATION OF AN EMPLOYEE.—The 

22 Secretary shall designate an employee in the Office 

23 of Postsecondary Education in the Department who 

24 shall— 


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1 ‘‘(A) receive and compile updated copies of 

2 all policies pertaining to the protection and reg3 ulation of the expressive rights of students at 

4 private institutions of higher education that re5 ceive funds under this section, including any 

6 programs under this title; 

7 ‘‘(B) preserve all records of such policies 

8 for a period of not less than 10 years and make 

9 such policies, and the dates they were disclosed, 

10 modified, or withdrawn, available for public in11 spection, including for online reading by the 

12 public; 

13 ‘‘(C) receive complaints from students, stu14 dent organizations, or from any other person or 

15 organization, that believes a private institution 

16 of higher education has not disclosed a policy 

17 pertaining to the protection and regulation of 

18 the expressive rights of students as required by 

19 this section, is enforcing a policy pertaining to 

20 the expressive rights of students that has not 

21 been disclosed as required by this section, or 

22 has failed to make and publish a statement af23 firming contractual responsibility for full policy 

24 disclosure, or affirming contractual responsiVerDate Sep 11 2014 23:48 Sep 23, 2022 Jkt 029200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S4897.IS S4897

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1 bility for the enforcement of speech policies, as 

2 required by this section; 

3 ‘‘(D) not more than 7 days after the date 

4 of receipt of a complaint under subparagraph 

5 (C), review the complaint and request a re6 sponse from the institution; 

7 ‘‘(E) undertake an investigation, in re8 sponse to a complaint under subparagraph (C) 

9 or at the Secretary’s independent initiative, to 

10 determine whether a private institution of high11 er education has failed to disclose a policy per12 taining to the protection and regulation of the 

13 expressive rights of students as required by this 

14 section, is enforcing a policy pertaining to the 

15 expressive rights of students that has not been 

16 disclosed as required by this section, or has 

17 failed to make and publish a statement affirm18 ing contractual responsibility for full policy dis19 closure, or affirming contractual responsibility 

20 for the enforcement of speech policies, as re21 quired by this section; and 

22 ‘‘(F) determine, not later than 120 days 

23 after the date of receipt of a complaint or 120 

24 days after the date of the start of an investiga25 tion opened at the Secretary’s independent iniVerDate Sep 11 2014 23:48 Sep 23, 2022 Jkt 029200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S4897.IS S4897

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1 tiative, whether the private institution of higher 

2 education in question has failed to disclose a 

3 policy pertaining to the protection and regula4 tion of the expressive rights of students as re5 quired by this section, is enforcing a policy per6 taining to the expressive rights of students that 

7 has not been disclosed as required by this sec8 tion, or has failed to make and publish a state9 ment affirming contractual responsibility for 

10 full speech policy disclosure, or affirming con11 tractual responsibility for the enforcement of 

12 speech policies, as required by this section. 

13 ‘‘(2) LOSS OF ELIGIBILITY.— 

14 ‘‘(A) IN GENERAL.—If the Secretary deter15 mines that a private institution of higher edu16 cation has failed to disclose a policy pertaining 

17 to the protection and regulation of the expres18 sive rights of students as required by this sec19 tion, is enforcing a policy pertaining to the ex20 pressive rights of students that has not been 

21 disclosed as required by this section, or has 

22 failed to make and publish a statement affirm23 ing contractual responsibility for full speech 

24 policy disclosure, or affirming contractual re25 sponsibility for the enforcement of speech poliVerDate Sep 11 2014 23:48 Sep 23, 2022 Jkt 029200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S4897.IS S4897

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1 cies, as required by this section, the Secretary 

2 shall notify the institution and, if applicable, 

3 the complainant, not more than 7 days after 

4 the date of such determination, that the institu5 tion is out of compliance with the requirements 

6 for receiving funds under this Act, including 

7 participation in any program under this title, 

8 but will be granted a grace period of 60 days 

9 to return to compliance before formally losing 

10 eligibility for receiving funds under this Act, in11 cluding participation in any program under this 

12 title. 

13 ‘‘(B) SPECIFICATIONS IN NOTIFICATION.— 

14 As part of the notification under subparagraph 

15 (A), the Secretary shall specify which policies 

16 need to be disclosed and which statements af17 firming contractual responsibility for speech 

18 policy disclosure and contractual responsibility 

19 for speech policy enforcement need to be made 

20 and published in order for eligibility to be re21 stored. 

22 ‘‘(C) NOTIFICATION OF LOSS OF ELIGI23 BILITY.— 

24 ‘‘(i) IN GENERAL.—If the Secretary 

25 determines that, 60 days after being notiVerDate Sep 11 2014 23:48 Sep 23, 2022 Jkt 029200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S4897.IS S4897

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1 fied that it is out of compliance as de2 scribed in subparagraph (A), the institu3 tion has failed to return to compliance by 

4 making the appropriate speech policy dis5 closures, or statement affirming contrac6 tual responsibility for full speech policy 

7 disclosure, or statement affirming contrac8 tual responsibility for speech policy en9 forcement, the Secretary shall notify the 

10 institution and, if applicable, the complain11 ant, not more than 7 days after the date 

12 of such determination— 

13 ‘‘(I) that the institution will lose 

14 eligibility to receive funds under this 

15 Act, including participation in any 

16 program under this title; 

17 ‘‘(II) that the loss of eligibility 

18 shall go into effect beginning with any 

19 student notified of acceptance for ad20 mission to the institution during the 

21 academic year subsequent to the aca22 demic year during which the deter23 mination is made, and that no res24 toration of eligibility for ineligible stu25 dents in subsequent years will occur 


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1 prior to the beginning of the third 

2 academic year subsequent to the aca3 demic year during which the deter4 mination is made; and 

5 ‘‘(III) that the institution shall 

6 post the determination of the Sec7 retary on the website of the institu8 tion, within two clicks of the home9 page, without a paywall, email login, 

10 or other restriction to access. 

11 ‘‘(ii) CONTINUED ELIGIBILITY.—Each 

12 student enrolled at the institution during 

13 the academic year in which eligibility is 

14 lost as described in this subparagraph, and 

15 each student notified of acceptance for ad16 mission to the institution during the aca17 demic year in which eligibility is lost as de18 scribed in this subparagraph, shall con19 tinue to be eligible to participate, through 

20 the institution, in programs funded under 

21 this Act during the 5-year period after the 

22 date of the loss of eligibility. 

23 ‘‘(3) RESTORATION OF ELIGIBILITY.— 

24 ‘‘(A) IN GENERAL.—Not later than 7 days 

25 after the loss of eligibility under paragraph (2), 


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1 the Secretary shall inform the institution that it 

2 may restore eligibility by making the appro3 priate speech policy disclosures, or statement 

4 affirming contractual responsibility for full 

5 speech policy disclosure, or statement affirming 

6 contractual responsibility for speech policy en7 forcement, as directed by the Secretary in con8 formity with this section. 

9 ‘‘(B) REVIEW.—The Secretary shall review 

10 any policy disclosures, or statement affirming 

11 contractual responsibility for full speech policy 

12 disclosure, or statement affirming contractual 

13 responsibility for speech policy enforcement, 

14 and determine whether they are sufficient to re15 store eligibility for receiving funds under this 

16 Act, including participation in any program 

17 under this title, not later than 120 days after 

18 the date of receipt of such disclosures or state19 ment. 

20 ‘‘(C) INVESTIGATION.—While conducting a 

21 review to restore eligibility under this para22 graph, the Secretary may conduct an investiga23 tion in which further information may be 

24 sought or requested from the institution, or any 


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1 other source the Secretary determines perti2 nent. 

3 ‘‘(D) RESTORATION.—If the Secretary de4 termines that the institution under review to re5 store eligibility under this paragraph has made 

6 the policy disclosures, and issued the statement 

7 affirming contractual responsibility for full 

8 speech policy disclosure, and the statement af9 firming contractual responsibility for speech 

10 policy enforcement, as required by this section, 

11 the institution’s eligibility to receive funds 

12 under this Act, including participation in any 

13 program under this title, shall be restored not 

14 earlier than the beginning of the third academic 

15 year following the year in which notification of 

16 loss of eligibility was received. 

17 ‘‘(E) LIMIT ON REVIEW.—The Secretary 

18 may conduct not more than 1 review to restore 

19 eligibility for a single institution in any given 

20 academic year. 

21 ‘‘(e) NONAPPLICATION TO CERTAIN INSTITUTIONS.— 

22 This section shall not apply to an institution of higher 

23 education that is controlled by a religious organization.’’. 


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1 SEC. 11. SEVERABILITY. 

2 If any provision of this Act, or the application of such 

3 provision to any person or circumstance, is held to be un4 constitutional, the remainder of this Act, and the applica5 tion of the remaining provisions of this Act to any person 

6 or circumstance shall not be affected. 

Æ 


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