I 

118TH CONGRESS 

1ST SESSION H. R. 2508 

To amend the Higher Education Act of 1965 to ensure that public institutions 

of higher education eschew policies that improperly constrain the expressive rights of students, and to ensure that private institutions of higher 

education are transparent about, and responsible for, their chosen speech 

policies. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2023 

Mr. MURPHY (for himself, Mr. GROTHMAN, Mr. BABIN, Mr. FITZGERALD, and 

Mr. TIFFANY) introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To amend the Higher Education Act of 1965 to ensure 

that public institutions of higher education eschew policies that improperly constrain the expressive rights of 

students, and to ensure that private institutions of higher 

education are transparent about, and responsible for, 

their chosen speech policies. 

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 ‘‘Campus Free Speech 

5 Restoration Act’’. 


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1 SEC. 2. PROTECTION OF STUDENT SPEECH AND ASSOCIA2 TION RIGHTS. 

3 Section 112(a) of the Higher Education Act of 1965 

4 (20 U.S.C. 1011a(a)) is amended— 

5 (1) by redesignating paragraph (2) as para6 graph (3); and 

7 (2) by inserting after paragraph (1) the fol8 lowing: 

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

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

11 and to maintain, the opinion of such individual in 

12 matters of religion or philosophy, and that pro13 fessing or maintaining such opinion should in no 

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

15 rights of such individual on the campus of an insti16 tution of higher education; 

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

18 directly or indirectly receiving financial assistance 

19 under this Act should limit religious expression, free 

20 expression, or any other rights provided under the 

21 First Amendment to the Constitution of the United 

22 States; 

23 ‘‘(C) free speech zones and restrictive speech 

24 codes are inherently at odds with the freedom of 

25 speech guaranteed by the First Amendment to the 

26 Constitution of the United States; 


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1 ‘‘(D) bias reporting systems are susceptible to 

2 abuses that may put them at odds with the freedom 

3 of speech guaranteed by the First Amendment to the 

4 Constitution of the United States; and 

5 ‘‘(E) no public institution of higher education 

6 directly or indirectly receiving financial assistance 

7 under this Act should restrict the speech of such in8 stitution’s students through improperly restrictive 

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

10 SEC. 3. CAMPUS SPEECH POLICIES AT INSTITUTIONS OF 

11 HIGHER EDUCATION. 

12 Title IV of the Higher Education Act of 1965 (20 

13 U.S.C. 1070 et seq.) is amended— 

14 (1) in section 487(a), by adding at the end the 

15 following: 

16 ‘‘(30)(A) In the case of a public institution 

17 (other than an institution described in section 

18 494A(b)(4)), the institution will comply with the ex19 pressive activity protections described in section 

20 494A. 

21 ‘‘(B) In the case of a private institution (other 

22 than an institution described in section 494B(e)), 

23 the institution will comply with the expressive activ24 ity requirements described in section 494B.’’; and 


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1 (2) in part G, by adding at the end the fol2 lowing: 

3 ‘‘SEC. 494A. CAMPUS SPEECH POLICIES AT PUBLIC UNIVER4 SITIES. 

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

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

7 ‘expressive activity’ includes— 

8 ‘‘(A) peacefully assembling, protesting, 

9 speaking, or listening; 

10 ‘‘(B) distributing literature; 

11 ‘‘(C) carrying a sign; 

12 ‘‘(D) circulating a petition; or 

13 ‘‘(E) other expressive rights guaranteed 

14 under the First Amendment to the Constitution 

15 of the United States, including religious rights. 

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

17 ‘expressive activity’ does not include unprotected 

18 speech (as defined by the precedents of the Supreme 

19 Court of the United States). 

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

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

22 higher education participating in a program under 

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

24 a person from freely engaging in noncommercial ex25 pressive activity in a generally accessible area on the 


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1 institution’s campus if the person’s conduct is law2 ful. 

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

4 education described in paragraph (1) may not main5 tain or enforce time, place, or manner restrictions on 

6 an expressive activity in a generally accessible area 

7 of the institution’s campus unless the restriction— 

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

9 governmental interest; 

10 ‘‘(B) is the least restrictive means of fur11 thering that compelling governmental interest; 

12 ‘‘(C) is based on published, content-neu13 tral, and viewpoint-neutral criteria; 

14 ‘‘(D) leaves open ample alternative chan15 nels for communication; and 

16 ‘‘(E) provides for spontaneous assembly 

17 and distribution of literature. 

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

19 under paragraph (1) do not apply to expressive ac20 tivity in an area on an institution’s campus that is 

21 not a generally accessible area. 

22 ‘‘(4) NONAPPLICATION TO SERVICE ACAD23 EMIES.—This section shall not apply to an institu24 tion of higher education whose primary purpose is 


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1 the training of individuals for the military services 

2 of the United States, or the merchant marine. 

3 ‘‘(c) CAUSES OF ACTION.— 

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

5 may bring an action in a Federal court of competent 

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

7 to recover compensatory damages, reasonable court 

8 costs, or reasonable attorney fees: 

9 ‘‘(A) The Attorney General. 

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

11 expressive activity rights, as described in sub12 section (b)(1), were violated. 

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

14 provision of law, in an action brought under this sec15 tion, the Federal court shall decide de novo all rel16 evant questions of fact and law, including the inter17 pretation of constitutional, statutory, and regulatory 

18 provisions, unless the parties stipulate otherwise. In 

19 an action brought under this subsection, if the court 

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

21 ‘‘(A) shall— 

22 ‘‘(i) enjoin the violation; and 

23 ‘‘(ii) if a person whose expressive ac24 tivity rights were violated brought the ac25 tion, award the person— 


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1 ‘‘(I) not less than $500 for an 

2 initial violation; and 

3 ‘‘(II) if the person notifies the in4 stitution of the violation, $50 for each 

5 day the violation continues after the 

6 notification if the institution did not 

7 act to discontinue the cause of the 

8 violation; and 

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

10 ‘‘(i) compensatory damages; 

11 ‘‘(ii) reasonable court costs; or 

12 ‘‘(iii) reasonable attorney fees. 

13 ‘‘(3) BASIS FOR ENACTMENT.—This subsection 

14 is enacted as an exercise of the enforcement power 

15 of the Congress under section 5 of the Fourteenth 

16 Amendment to the Constitution to protect expressive 

17 activities. 

18 ‘‘(d) STATUTE OF LIMITATIONS.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (3), an action under subsection (c) may not 

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

22 violation. 

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

24 a violation of subsection (b) continues after an ini25 tial violation of subsection (b), and each day that an 


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1 institution’s policy in violation of subsection (b) re2 mains in effect, shall constitute a continuing viola3 tion of subsection (b). 

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

5 described in paragraph (2), the limitation described 

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

7 date on which the most recent violation occurs. 

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

9 ‘‘(1) NO ELIGIBILITY FOR FUNDS.— 

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

11 of higher education shall be eligible to receive 

12 funds under this Act, including participation in 

13 any program under this title, if the Secretary 

14 determines that the institution— 

15 ‘‘(i) maintains a policy that infringes 

16 upon the expressive rights of students 

17 under the First Amendment to the Con18 stitution of the United States; or 

19 ‘‘(ii) maintains or enforces time, 

20 place, or manner restrictions on an expres21 sive activity in a generally accessible area 

22 of the institution’s campus that do not 

23 comply with subparagraphs (A) through 

24 (E) of subsection (b)(2). 


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1 ‘‘(B) PROHIBITION.—The Secretary may 

2 not conduct an investigation for purposes of 

3 making a determination under subparagraph 

4 (A) with respect to an institution of higher edu5 cation, unless such an investigation is con6 ducted under paragraph (4) with respect to a 

7 complaint received under paragraph (2). 

8 ‘‘(C) COURT REVIEW.—Notwithstanding 

9 any other provision of law, the Secretary’s de10 terminations under this subsection shall be re11 viewed de novo with respect to all relevant ques12 tions of fact and law, including the interpreta13 tion of constitutional, statutory, and regulatory 

14 provisions, unless the parties stipulate other15 wise. 

16 ‘‘(2) DESIGNATION OF AN EMPLOYEE TO RE17 CEIVE COMPLAINTS.—The Secretary shall designate 

18 an employee in the Office of Postsecondary Edu19 cation of the Department to receive complaints 

20 (whether electronically or by mail) from students or 

21 student organizations at a given public institution of 

22 higher education, or from any other person or orga23 nization, regarding policies at the institution that 

24 meet the description of clause (i) or (ii) of para25 graph (1)(A). 


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

2 under subparagraph (2)— 

3 ‘‘(A) shall include the provision of the in4 stitution’s policy the complainant believes meets 

5 the description of clause (i) or (ii) of paragraph 

6 (1)(A), along with any evidence regarding the 

7 operation and enforcement of such policy the 

8 complainant deems relevant; and 

9 ‘‘(B) may include an argument and any 

10 other supplemental information as to why the 

11 policy in question meets such description. 

12 ‘‘(4) SYSTEM OF REVIEW.— 

13 ‘‘(A) FIRST STAGE REVIEW.— 

14 ‘‘(i) REQUEST FOR RESPONSE.—Not 

15 later than 7 days after the date of receipt 

16 of a complaint under paragraph (2), the 

17 Secretary shall review the complaint and 

18 request a response to the complaint from 

19 the institution. 

20 ‘‘(ii) INSTITUTION RESPONSE.—Not 

21 later than 30 days after the date the Sec22 retary requests a response under clause (i), 

23 the institution shall— 

24 ‘‘(I) certify to the Secretary that 

25 the institution has entirely withdrawn 


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1 the policy that occasioned the com2 plaint; 

3 ‘‘(II) submit a revised policy for 

4 review by the Secretary; or 

5 ‘‘(III) submit a defense of the 

6 policy that occasioned the complaint. 

7 ‘‘(iii) AVAILABILITY TO COMPLAIN8 ANT.— 

9 ‘‘(I) IN GENERAL.—Not later 

10 than 7 days after the date of receipt 

11 of a revised policy or defense of the 

12 original policy as submitted by the in13 stitution pursuant to clause (ii), the 

14 Secretary shall make available to the 

15 complainant a copy of such revised 

16 policy or defense. 

17 ‘‘(II) RESPONSE BY COMPLAIN18 ANT.—Not later than 60 days after 

19 the date of receipt of a revised policy 

20 or defense of the original policy under 

21 subclause (I), the complainant may 

22 submit to the Secretary a response to 

23 the revised policy or defense of the 

24 original policy. 


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1 ‘‘(III) SUBMISSION TO THE IN2 STITUTION OF RESPONSE.—Not later 

3 than 7 days after the date of receipt 

4 of a response under subclause (II), 

5 the Secretary shall submit to the in6 stitution a copy of such response. 

7 ‘‘(iv) DETERMINATIONS.—If the insti8 tution declines to entirely withdraw the 

9 policy that occasioned the complaint and 

10 either submits a revised policy for review 

11 or submits a defense of the policy that oc12 casioned the complaint, the Secretary shall, 

13 not later than 60 days after the date of the 

14 deadline for a response by the complaint as 

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

16 the following determinations: 

17 ‘‘(I) Determine that the com18 plaint in question has insufficient 

19 merit to proceed to Second Stage Re20 view described in subparagraph (B). 

21 ‘‘(II) Determine that the com22 plaint in question has sufficient merit 

23 to proceed to Second Stage Review 

24 described in subparagraph (B). 


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1 ‘‘(v) NOTIFICATION.—Not later than 

2 7 days after the date the Secretary makes 

3 a determination under clause (iv), the Sec4 retary shall notify the institution and the 

5 complainant of such determination. 

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

7 clause (iv) shall constitute the end of First 

8 Stage Review. 

9 ‘‘(B) SECOND STAGE REVIEW.— 

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

11 Review, the Secretary shall notify the insti12 tution and the complainant of the com13 mencement of the Second Stage Review, 

14 and shall give the institution the option of 

15 entirely withdrawing the policy that occa16 sioned the complaint or submitting a re17 vised policy for review within 30 days of 

18 the commencement of the Second Stage 

19 Review. In such notification submitted to 

20 the institution and complainant, the Sec21 retary shall indicate the relevant sections 

22 of the institution’s policy in question and 

23 explain why these sections may be out of 

24 compliance. 


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1 ‘‘(ii) DETERMINATION.—Not later 

2 than 90 days from the commencement of 

3 the Second Stage Review, the Secretary 

4 shall determine whether the policy that oc5 casioned the complaint, or the revised pol6 icy submitted during the First Stage Re7 view, or the revised policy submitted within 

8 the first 30 days of the Second Stage Re9 view, is in violation of student rights under 

10 the First Amendment to the Constitution 

11 of the United States or of the restrictions 

12 on the regulation of speech by time, place, 

13 and manner set forth in this section, there14 by ending Second Stage Review. 

15 ‘‘(iii) INVESTIGATION.—During Sec16 ond Stage Review, the Secretary may con17 duct an investigation in which further in18 formation may be sought or requested 

19 from the complainant, the institution, or 

20 any other pertinent source. 

21 ‘‘(iv) CERTIFICATION OF WITH22 DRAWAL.—At any point during the Second 

23 Stage Review, the institution in question 

24 may certify to the Secretary that it has en25 tirely withdrawn the policy that occasioned 


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1 the complaint, thereby ending the Second 

2 Stage Review. 

3 ‘‘(v) NOTIFICATION AND JUSTIFICA4 TION.—If the Secretary determines by the 

5 conclusion of Second Stage Review that 

6 the policy that occasioned the complaint or 

7 the revised policy submitted for review dur8 ing First Stage Review or Second Stage 

9 Review is consistent with the expressive 

10 rights of students under the First Amend11 ment to the Constitution of the United 

12 States and the restrictions on the regula13 tion of speech by time, place, and manner 

14 set forth in this Act— 

15 ‘‘(I) the Secretary shall notify the 

16 complainant and the institution of 

17 such determination not more than 7 

18 days after the date of the determina19 tion; and 

20 ‘‘(II) the Secretary shall explain 

21 and justify such determination in a 

22 written decision citing relevant legal 

23 precedent, copies of which shall be 

24 sent to the complainant, the institu25 tion, the authorizing committees, and 


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1 made available for public inspection, 

2 including for online reading by the 

3 public. 

4 ‘‘(C) DETERMINATION THAT INSTITUTION

5 IS OUT OF COMPLIANCE.— 

6 ‘‘(i) IN GENERAL.—If, upon comple7 tion of the Second Stage Review, the Sec8 retary determines that the policy that occa9 sioned the complaint, or the revised policy 

10 submitted for review during the First 

11 Stage Review or Second Stage Review, vio12 lates the First Amendment to the Con13 stitution of the United States or the re14 strictions on the regulation of speech set 

15 forth in this section, the Secretary shall 

16 notify the complainant and the institution 

17 not more than 7 days after the date of 

18 completion of Second Stage Review that 

19 the institution is out of compliance with 

20 the requirements for receiving funds under 

21 this Act, including participation in any 

22 program under this title, but will be grant23 ed a grace period of 120 days to return to 

24 compliance before being formally stripped 

25 of eligibility. 


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1 ‘‘(ii) POSTING; EXPLANATION; FINAL

2 REVIEW.—As part of the notification under 

3 clause (i), the Secretary shall— 

4 ‘‘(I) require the institution to 

5 post the determination of the Sec6 retary on the website of the institu7 tion within 2 clicks of the homepage, 

8 without a paywall, email login, or 

9 other restriction to access; 

10 ‘‘(II) explain and justify the de11 termination of the Secretary in a writ12 ten decision citing relevant legal 

13 precedent, copies of which shall be 

14 sent to the complainant, the institu15 tion, the authorizing committees, and 

16 made available for public inspection, 

17 including for online reading by the 

18 public; and 

19 ‘‘(III) inform the institution that 

20 Final Review has begun and that the 

21 institution must either certify to the 

22 Secretary that it has entirely with23 drawn the policy that occasioned the 

24 complaint, or submit a revised policy 

25 for review to the Secretary not later 


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1 than 60 days after the date of receipt 

2 of notice of the conclusion of Second 

3 Stage Review. 

4 ‘‘(D) FINAL REVIEW.— 

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

6 submits a revised policy for review as de7 scribed in subparagraph (C)(ii)(III), the 

8 Secretary shall review such revised policy 

9 and determine not later than 120 days 

10 after the date of commencement of Final 

11 Review whether the revised policy is con12 sistent with the expressive rights of stu13 dents under the First Amendment to the 

14 Constitution of the United States and with 

15 the restrictions on the regulation of speech 

16 by time, place, and manner set forth in 

17 this section. 

18 ‘‘(ii) DETERMINATION OF COMPLI19 ANCE.—If the Secretary determines, as de20 scribed in clause (i), that the revised policy 

21 is consistent with the expressive rights of 

22 students under the First Amendment to 

23 the Constitution of the United States and 

24 with the restrictions on the regulation of 

25 speech by time, place, and manner set 


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1 forth in this section, the Secretary shall 

2 notify the complainant and the institution 

3 of such determination not more than 7 

4 days after the date the determination is 

5 made, thereby ending the final Stage Re6 view. 

7 ‘‘(iii) DETERMINATION OF VIOLA8 TION.—If the Secretary determines, as de9 scribed in clause (i), that the revised policy 

10 violates the expressive rights of students 

11 under the First Amendment to the Con12 stitution of the United States or the re13 strictions on the regulation of speech by 

14 time, place, and manner set forth in this 

15 section, the Secretary shall— 

16 ‘‘(I) notify the complainant and 

17 the institution of such determination 

18 not more than 7 days after the date 

19 the determination is made, thereby 

20 ending the final Stage Review; and 

21 ‘‘(II) explain and justify the de22 termination in a written decision cit23 ing relevant legal precedent, copies of 

24 which shall be sent to the complain25 ant, the institution, and made availVerDate Sep 11 2014 22:52 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H2508.IH H2508

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1 able for public inspection, including 

2 for online reading by the public. 

3 ‘‘(E) LOSS OF ELIGIBILITY.— 

4 ‘‘(i) IN GENERAL.—If the Secretary 

5 determines, during the Final Stage Review, 

6 that the institution’s policy in question vio7 lates the expressive rights of students 

8 under the First Amendment to the Con9 stitution of the United States or the re10 strictions on the regulation of speech by 

11 time, place, and manner set forth in this 

12 section, the Secretary shall— 

13 ‘‘(I) notify the complainant and 

14 the institution not more than 7 days 

15 after the date of the determination 

16 that the institution will lose eligibility 

17 to receive funds under this Act, in18 cluding participation in any program 

19 under this title, in accordance with 

20 this subparagraph; 

21 ‘‘(II) notify the institution that 

22 the loss of eligibility shall take effect 

23 beginning with any student notified of 

24 acceptance for admission to the insti25 tution during the award year subseVerDate Sep 11 2014 22:52 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H2508.IH H2508

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1 quent to the award year during which 

2 the determination is made, and that 

3 no restoration of eligibility for ineli4 gible students in subsequent award 

5 years will occur prior to the beginning 

6 of the third award year subsequent to 

7 the award year during which the de8 termination is made; 

9 ‘‘(III) explain and justify the de10 termination in a written decision cit11 ing relevant legal precedent, copies of 

12 which shall be sent to the complain13 ant, the institution, the authorizing 

14 committees, and made available for 

15 public inspection, including for online 

16 reading by the public; and 

17 ‘‘(IV) require the institution to 

18 post the determination of the Sec19 retary on the website of the institu20 tion, within two clicks of the home21 page, without a paywall, email login, 

22 or other restriction to access. 

23 ‘‘(ii) CONTINUED ELIGIBILITY.—Each 

24 student enrolled at the institution during 

25 the award year in which eligibility is lost 


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1 as described in this subparagraph, and 

2 each student notified of acceptance for ad3 mission to the institution during the award 

4 year in which eligibility is lost as described 

5 in this subparagraph, shall continue to be 

6 eligible to participate, through the institu7 tion, in programs funded under this Act 

8 during the 3-year period after the date of 

9 the loss of eligibility. 

10 ‘‘(F) RESTORATION OF ELIGIBILITY.— 

11 ‘‘(i) IN GENERAL.—Not later than 7 

12 days after the loss of eligibility under sub13 paragraph (E), the Secretary shall inform 

14 the institution that the institution may re15 store eligibility, either by certifying to the 

16 Secretary that the institution has entirely 

17 withdrawn the policy that precipitated loss 

18 of eligibility, or by submitting a revised 

19 policy for review at any time following the 

20 failure of the Final Review. 

21 ‘‘(ii) REVIEW OF REVISED POLICY.— 

22 The Secretary shall review a revised policy 

23 submitted for review after the loss of eligi24 bility and determine not later than 120 

25 days after the date the revised policy is 


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1 submitted whether such policy is consistent 

2 with the expressive rights of students 

3 under the First Amendment to the Con4 stitution of the United States and with the 

5 restrictions on the regulation of speech by 

6 time, place, and manner set forth in this 

7 Act. 

8 ‘‘(iii) INVESTIGATION.—While con9 ducting a review to restore eligibility under 

10 this subparagraph, the Secretary may con11 duct an investigation in which further in12 formation may be sought or requested 

13 from the institution, or any other source 

14 the Secretary determines pertinent. 

15 ‘‘(iv) WRITTEN DECISION.—In making 

16 a determination of whether a revised policy 

17 submitted for review after the loss of eligi18 bility is either consistent or inconsistent 

19 with the expressive rights of students 

20 under the First Amendment to the Con21 stitution of the United States and with the 

22 restrictions on the regulation of speech by 

23 time, place, and manner set forth in this 

24 Act, the Secretary shall explain and justify 

25 the determination in a written decision citVerDate Sep 11 2014 22:52 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2508.IH H2508

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1 ing relevant legal precedent, copies of 

2 which shall be sent to the complainant, the 

3 institution, the authorizing committees, 

4 and made available for public inspection, 

5 including for online reading by the public. 

6 ‘‘(v) LIMIT ON REVIEW.—The Sec7 retary may conduct not more than 1 review 

8 to restore eligibility for a single institution 

9 in any given award year. 

10 ‘‘(vi) RESTORATION.—If an institu11 tion certifies to the Secretary that the pol12 icy that precipitated the loss of eligibility 

13 has been entirely withdrawn, or if Sec14 retary determines that the revised policy 

15 submitted for review is consistent with the 

16 expressive rights of students under the 

17 First Amendment to the Constitution of 

18 the United States and with the restrictions 

19 on the regulation of speech by time, place, 

20 and manner set forth in this section, the 

21 institution’s eligibility to receive funds 

22 under this Act, including participation in 

23 any program under this title, shall be re24 stored not earlier than the beginning of the 

25 third award year following the year in 


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1 which notification of loss of eligibility was 

2 received. 

3 ‘‘(G) GOOD FAITH REPRESENTATION.— 

4 ‘‘(i) IN GENERAL.—The Secretary 

5 shall inform any institution undergoing re6 view of its campus speech policies that it 

7 expects the institution to represent its poli8 cies, along with any proposed revisions in 

9 such policies, in good faith. 

10 ‘‘(ii) MISREPRESENTATION.— 

11 ‘‘(I) COMPLAINTS.—A student, 

12 student organization, or any other 

13 person or organization may file, with 

14 the employee in the Office of Postsec15 ondary Education of the Department 

16 designated by the Secretary under 

17 paragraph (2) to receive complaints, a 

18 complaint that an institution has sub19 stantially misrepresented its speech 

20 policies, or withheld information re21 quested by the Secretary during an 

22 investigation, or attempted to cir23 cumvent the review process by reinsti24 tuting a policy under review in a subVerDate Sep 11 2014 22:52 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H2508.IH H2508

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1 stantially similar form without inform2 ing the Secretary. 

3 ‘‘(II) LOSS OF ELIGIBILITY.—If 

4 the Secretary determines upon inves5 tigation, or after receiving a complaint 

6 under subclause (I), that an institu7 tion has substantially misrepresented 

8 its speech policies, or withheld infor9 mation requested by the Secretary 

10 during an investigation, or attempted 

11 to circumvent the review process by 

12 reinstituting a policy under review in 

13 a substantially similar form without 

14 informing the Secretary, the institu15 tion shall lose eligibility to receive 

16 funds under this Act, including par17 ticipation in any program under this 

18 title. 

19 ‘‘(iii) LOSS OF ELIGIBILITY.—If an in20 stitution loses eligibility under clause (ii), 

21 the Secretary shall notify the institution, 

22 not later than 7 days after the determina23 tion, that the loss of eligibility shall take 

24 effect beginning with any student notified 

25 of acceptance for admission to the instituVerDate Sep 11 2014 22:52 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2508.IH H2508

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1 tion during the award year subsequent to 

2 the award year during which the deter3 mination is made, and that no restoration 

4 of eligibility for students admitted in sub5 sequent award years will occur prior to the 

6 beginning of the third award year subse7 quent to the award year during which the 

8 determination is made. 

9 ‘‘(f) RETALIATION PROHIBITED.— 

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

11 threaten, coerce, or discriminate against any indi12 vidual because the individual has made a report or 

13 complaint, testified, assisted, or participated or re14 fused to participate in any manner in an investiga15 tion, proceeding, or hearing under this section. 

16 ‘‘(2) SPECIFIC CIRCUMSTANCES.— 

17 ‘‘(A) EXERCISE OF FIRST AMENDMENT

18 RIGHTS.—The exercise of rights protected 

19 under the First Amendment to the Constitution 

20 of the United States does not constitute retalia21 tion prohibited under paragraph (1). 

22 ‘‘(B) CODE OF CONDUCT VIOLATION FOR

23 MATERIALLY FALSE STATEMENT.—Charging an 

24 individual with a code of conduct violation for 

25 making a materially false statement in bad 


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1 faith in the course of a grievance proceeding 

2 under this section does not constitute retalia3 tion prohibited under paragraph (1). A deter4 mination regarding responsibility, alone, is not 

5 sufficient to conclude that any party made a 

6 materially false statement in bad faith. 

7 ‘‘(g) JUDICIAL REVIEW.—A public institution of 

8 higher education participating in a program under this 

9 title may seek judicial review of an agency action under 

10 this section in accordance with chapter 7 of title 5, United 

11 States Code. 

12 ‘‘SEC. 494B. CAMPUS SPEECH POLICIES AT PRIVATE UNI13 VERSITIES. 

14 ‘‘(a) IN GENERAL.—Each private institution of high15 er education eligible to receive funds under this Act, in16 cluding any program under this title, shall— 

17 ‘‘(1) post in one place on the website of the in18 stitution all policies that pertain to the protection 

19 and regulation of the expressive rights of students, 

20 including the right to submit a complaint under this 

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

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

23 and 

24 ‘‘(2) include a copy of such policies in a hand25 book distributed to new students. 


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1 ‘‘(b) RESPONSIBILITY FOR FULL POLICY DISCLO2 SURE.—Each private institution of higher education de3 scribed in subsection (a) shall include with the copy of the 

4 policies described in subsection (a)— 

5 ‘‘(1) a statement affirming that all policies per6 tinent to the protection and regulation of the expres7 sive rights of students have been disclosed in the 

8 manner required by this section; and 

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

10 such policies as required by this section and instruc11 tions for students on how to contact the employee 

12 designated in the Office of Postsecondary Education 

13 in the Department under subsection (d)(1) to file a 

14 complaint. 

15 ‘‘(c) CAUSE OF ACTION.— 

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

17 that a private institution of higher education in 

18 which the student is enrolled has violated published 

19 policy regarding expressive rights imposed by this 

20 section may bring an action in a Federal court of 

21 competent jurisdiction to enjoin such violation or to 

22 recover compensatory damages, reasonable court 

23 costs, or reasonable attorney fees. 

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

25 provision of law, in an action brought under this 


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1 subsection, the Federal court shall decide de novo all 

2 relevant questions of fact and law, including the in3 terpretation of constitutional, statutory, and regu4 latory provisions, unless the parties stipulate other5 wise. In an action brought under this subsection, if 

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

7 court— 

8 ‘‘(A) shall— 

9 ‘‘(i) enjoin the violation; and 

10 ‘‘(ii) award the student— 

11 ‘‘(I) not less than $500 for an 

12 initial violation; and 

13 ‘‘(II) if the student notifies the 

14 institution of the violation, $50 for 

15 each day the violation continues after 

16 the notification if the institution did 

17 not act to discontinue the cause of the 

18 violation; and 

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

20 ‘‘(i) compensatory damages; 

21 ‘‘(ii) reasonable court costs; or 

22 ‘‘(iii) reasonable attorney fees. 

23 ‘‘(d) SECRETARIAL REQUIREMENTS.— 

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

25 Secretary shall designate an employee in the Office 


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1 of Postsecondary Education in the Department who 

2 shall— 

3 ‘‘(A) receive copies of all complaints per4 taining to the protection and regulation of the 

5 expressive rights of students at private institu6 tions of higher education that receive funds 

7 under this section, including any programs 

8 under this title; 

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

10 for a period of not less than 10 years; 

11 ‘‘(C) receive complaints from students, stu12 dent organizations, or from any other person or 

13 organization, that believes a private institution 

14 of higher education has not disclosed a policy 

15 pertaining to the protection and regulation of 

16 the expressive rights of students as required by 

17 this section, is enforcing a policy pertaining to 

18 the expressive rights of students that has not 

19 been disclosed as required by this section, or 

20 has failed to make a full policy disclosure, for 

21 the enforcement of speech policies, as required 

22 by this section; 

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

24 of receipt of a complaint under subparagraph 


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1 (C), review the complaint and request a re2 sponse from the institution; 

3 ‘‘(E) undertake an investigation, in re4 sponse to a complaint under subparagraph (C), 

5 to determine whether a private institution of 

6 higher education has failed to disclose a policy 

7 pertaining to the protection and regulation of 

8 the expressive rights of students as required by 

9 this section or is enforcing a policy pertaining 

10 to the expressive rights of students that has not 

11 been disclosed as required by this section; and 

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

13 after the date of receipt of a complaint, whether 

14 the private institution of higher education in 

15 question has failed to disclose a policy per16 taining to the protection and regulation of the 

17 expressive rights of students as required by this 

18 section or is enforcing a policy pertaining to the 

19 expressive rights of students that has not been 

20 disclosed as required by this section. 

21 ‘‘(2) LOSS OF ELIGIBILITY.— 

22 ‘‘(A) IN GENERAL.—If the Secretary deter23 mines that a private institution of higher edu24 cation has failed to disclose a policy pertaining 

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1 sive rights of students as required by this sec2 tion or is enforcing a policy pertaining to the 

3 expressive rights of students that has not been 

4 disclosed as required by this section, the Sec5 retary shall notify the institution and the com6 plainant, not more than 7 days after the date 

7 of such determination, that the institution is 

8 out of compliance with the requirements for re9 ceiving funds under this Act, including partici10 pation in any program under this title, but will 

11 be granted a grace period of 60 days to return 

12 to compliance before formally losing eligibility 

13 for receiving funds under this Act, including 

14 participation in any program under this title. 

15 ‘‘(B) SPECIFICATIONS IN NOTIFICATION.— 

16 As part of the notification under subparagraph 

17 (A), the Secretary shall specify which policies 

18 need to be disclosed and published in order for 

19 eligibility to be restored. 

20 ‘‘(C) NOTIFICATION OF LOSS OF ELIGI21 BILITY.— 

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

23 determines that, 60 days after being noti24 fied that the institution is out of compli25 ance as described in subparagraph (A), the 


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1 institution has failed to return to compli2 ance by making the appropriate speech 

3 policy disclosures, the Secretary shall no4 tify the institution and the complainant, 

5 not more than 7 days after the date of 

6 such determination— 

7 ‘‘(I) that the institution will lose 

8 eligibility to receive funds under this 

9 Act, including participation in any 

10 program under this title; 

11 ‘‘(II) that the loss of eligibility 

12 shall take effect beginning with any 

13 student notified of acceptance for ad14 mission to the institution during the 

15 award year subsequent to the award 

16 year during which the determination 

17 is made, and that no restoration of 

18 eligibility for ineligible students in 

19 subsequent years will occur prior to 

20 the beginning of the third award year 

21 subsequent to the award year during 

22 which the determination is made; and 

23 ‘‘(III) that the institution shall 

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•HR 2508 IH

1 tion, within two clicks of the home2 page, without a paywall, email login, 

3 or other restriction to access. 

4 ‘‘(ii) CONTINUED ELIGIBILITY.—Each 

5 student enrolled at the institution during 

6 the award year in which eligibility is lost 

7 as described in this subparagraph, and 

8 each student notified of acceptance for ad9 mission to the institution during the award 

10 year in which eligibility is lost as described 

11 in this subparagraph, shall continue to be 

12 eligible to participate, through the institu13 tion, in programs funded under this Act 

14 during the 3-year period after the date of 

15 the loss of eligibility. 

16 ‘‘(3) RESTORATION OF ELIGIBILITY.— 

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

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

19 the Secretary shall inform the institution that 

20 the institution may restore eligibility by making 

21 the appropriate speech policy disclosures, as di22 rected by the Secretary in conformity with this 

23 section. 

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

25 any policy disclosures and determine whether 


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1 the policy disclosures are sufficient to restore 

2 eligibility for receiving funds under this Act, in3 cluding participation in any program under this 

4 title, not later than 120 days after the date of 

5 receipt of such disclosures or statement. 

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

7 review to restore eligibility under this para8 graph, the Secretary may conduct an investiga9 tion in which further information may be 

10 sought or requested from the institution, or 

11 other source pertinent to the case. 

12 ‘‘(D) RESTORATION.—If the Secretary de13 termines that the institution under review to re14 store eligibility under this paragraph has made 

15 the policy disclosures as required by this sec16 tion, the institution’s eligibility to receive funds 

17 under this Act, including participation in any 

18 program under this title, shall be restored not 

19 earlier than the beginning of the third award 

20 year following the year in which notification of 

21 loss of eligibility was received. 

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

23 may conduct not more than 1 review to restore 

24 eligibility for a single institution in any given 

25 award year. 


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1 ‘‘(4) PROHIBITION.—The Secretary may not 

2 conduct an investigation under this subsection for 

3 purposes of making a determination under para4 graph (2)(A) with respect to an institution of higher 

5 education, unless such an investigation is conducted 

6 with respect to a complaint received under para7 graph (1). 

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

9 This section shall not apply to an institution of higher 

10 education that is controlled by a religious organization. 

11 ‘‘(f) JUDICIAL REVIEW.—A private institution of 

12 higher education participating in a program under this 

13 title may seek judicial review of an agency action under 

14 this section in accordance with chapter 7 of title 5, United 

15 States Code.’’. 

Æ 


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