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 expres-
sive 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 poli-
cies 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Campus Free Speech 
Restoration Act’’. 
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SEC. 2. PROTECTION OF STUDENT SPEECH AND ASSOCIA-
TION RIGHTS. 
Section 112(a) of the Higher Education Act of 1965 
(20 U.S.C. 1011a(a)) is amended— 
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) It is the sense of Congress that— 
‘‘(A) every individual should be free to profess, 
and to maintain, the opinion of such individual in 
matters of religion or philosophy, and that pro-
fessing or maintaining such opinion should in no 
way diminish, enlarge, or affect the civil liberties or 
rights of such individual on the campus of an insti-
tution of higher education; 
‘‘(B) no public institution of higher education 
directly or indirectly receiving financial assistance 
under this Act should limit religious expression, free 
expression, or any other rights provided under the 
First Amendment to the Constitution of the United 
States; 
‘‘(C) free speech zones and restrictive speech 
codes are inherently at odds with the freedom of 
speech guaranteed by the First Amendment to the 
Constitution of the United States; 
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‘‘(D) bias reporting systems are susceptible to 
abuses that may put them at odds with the freedom 
of speech guaranteed by the First Amendment to the 
Constitution of the United States; and 
‘‘(E) no public institution of higher education 
directly or indirectly receiving financial assistance 
under this Act should restrict the speech of such in-
stitution’s students through improperly restrictive 
zones, codes, or bias reporting systems.’’. 
SEC. 3. CAMPUS SPEECH POLICIES AT INSTITUTIONS OF 
HIGHER EDUCATION. 
Title IV of the Higher Education Act of 1965 (20 
U.S.C. 1070 et seq.) is amended— 
(1) in section 487(a), by adding at the end the 
following: 
‘‘(30)(A) In the case of a public institution 
(other than an institution described in section 
494A(b)(4)), the institution will comply with the ex-
pressive activity protections described in section 
494A. 
‘‘(B) In the case of a private institution (other 
than an institution described in section 494B(e)), 
the institution will comply with the expressive activ-
ity requirements described in section 494B.’’; and 
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(2) in part G, by adding at the end the fol-
lowing: 
‘‘SEC. 494A. CAMPUS SPEECH POLICIES AT PUBLIC UNIVER-
SITIES. 
‘‘(a) DEFINITION OF EXPRESSIVE ACTIVITIES.— 
‘‘(1) IN GENERAL.—In this section, the term 
‘expressive activity’ includes— 
‘‘(A) peacefully assembling, protesting, 
speaking, or listening; 
‘‘(B) distributing literature; 
‘‘(C) carrying a sign; 
‘‘(D) circulating a petition; or 
‘‘(E) other expressive rights guaranteed 
under the First Amendment to the Constitution 
of the United States, including religious rights. 
‘‘(2) EXCLUSIONS.—In this section, the term 
‘expressive activity’ does not include unprotected 
speech (as defined by the precedents of the Supreme 
Court of the United States). 
‘‘(b) EXPRESSIVE ACTIVITIES AT AN INSTITUTION.— 
‘‘(1) IN GENERAL.—Each public institution of 
higher education participating in a program under 
this title may not prohibit, subject to paragraph (2), 
a person from freely engaging in noncommercial ex-
pressive activity in a generally accessible area on the 
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institution’s campus if the person’s conduct is law-
ful. 
‘‘(2) RESTRICTIONS.—An institution of higher 
education described in paragraph (1) may not main-
tain or enforce time, place, or manner restrictions on 
an expressive activity in a generally accessible area 
of the institution’s campus unless the restriction— 
‘‘(A) is necessary to achieve a compelling 
governmental interest; 
‘‘(B) is the least restrictive means of fur-
thering that compelling governmental interest; 
‘‘(C) is based on published, content-neu-
tral, and viewpoint-neutral criteria; 
‘‘(D) leaves open ample alternative chan-
nels for communication; and 
‘‘(E) provides for spontaneous assembly 
and distribution of literature. 
‘‘(3) APPLICATION.—The protections provided 
under paragraph (1) do not apply to expressive ac-
tivity in an area on an institution’s campus that is 
not a generally accessible area. 
‘‘(4) NONAPPLICATION
TO
SERVICE
ACAD-
EMIES.—This section shall not apply to an institu-
tion of higher education whose primary purpose is 
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the training of individuals for the military services 
of the United States, or the merchant marine. 
‘‘(c) CAUSES OF ACTION.— 
‘‘(1) AUTHORIZATION.—The following persons 
may bring an action in a Federal court of competent 
jurisdiction to enjoin a violation of subsection (b) or 
to recover compensatory damages, reasonable court 
costs, or reasonable attorney fees: 
‘‘(A) The Attorney General. 
‘‘(B) A person claiming that the person’s 
expressive activity rights, as described in sub-
section (b)(1), were violated. 
‘‘(2) ACTIONS.—Notwithstanding any other 
provision of law, in an action brought under this sec-
tion, the Federal court shall decide de novo all rel-
evant questions of fact and law, including the inter-
pretation of constitutional, statutory, and regulatory 
provisions, unless the parties stipulate otherwise. In 
an action brought under this subsection, if the court 
finds a violation of subsection (b), the court— 
‘‘(A) shall— 
‘‘(i) enjoin the violation; and 
‘‘(ii) if a person whose expressive ac-
tivity rights were violated brought the ac-
tion, award the person— 
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‘‘(I) not less than $500 for an 
initial violation; and 
‘‘(II) if the person notifies the in-
stitution of the violation, $50 for each 
day the violation continues after the 
notification if the institution did not 
act to discontinue the cause of the 
violation; and 
‘‘(B) may award a prevailing plaintiff— 
‘‘(i) compensatory damages; 
‘‘(ii) reasonable court costs; or 
‘‘(iii) reasonable attorney fees. 
‘‘(3) BASIS FOR ENACTMENT.—This subsection 
is enacted as an exercise of the enforcement power 
of the Congress under section 5 of the Fourteenth 
Amendment to the Constitution to protect expressive 
activities. 
‘‘(d) STATUTE OF LIMITATIONS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), an action under subsection (c) may not 
be brought later than 1 year after the date of the 
violation. 
‘‘(2) CONTINUING VIOLATION.—Each day that 
a violation of subsection (b) continues after an ini-
tial violation of subsection (b), and each day that an 
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institution’s policy in violation of subsection (b) re-
mains in effect, shall constitute a continuing viola-
tion of subsection (b). 
‘‘(3) EXTENSION.—For a continuing violation 
described in paragraph (2), the limitation described 
in paragraph (1) shall extend to 1 year after the 
date on which the most recent violation occurs. 
‘‘(e) FEDERAL REVIEW OF SPEECH POLICIES.— 
‘‘(1) NO ELIGIBILITY FOR FUNDS.— 
‘‘(A) IN GENERAL.—No public institution 
of higher education shall be eligible to receive 
funds under this Act, including participation in 
any program under this title, if the Secretary 
determines that the institution— 
‘‘(i) maintains a policy that infringes 
upon the expressive rights of students 
under the First Amendment to the Con-
stitution of the United States; or 
‘‘(ii) maintains or enforces time, 
place, or manner restrictions on an expres-
sive activity in a generally accessible area 
of the institution’s campus that do not 
comply with subparagraphs (A) through 
(E) of subsection (b)(2). 
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‘‘(B) PROHIBITION.—The Secretary may 
not conduct an investigation for purposes of 
making a determination under subparagraph 
(A) with respect to an institution of higher edu-
cation, unless such an investigation is con-
ducted under paragraph (4) with respect to a 
complaint received under paragraph (2). 
‘‘(C) COURT
REVIEW.—Notwithstanding 
any other provision of law, the Secretary’s de-
terminations under this subsection shall be re-
viewed de novo with respect to all relevant ques-
tions of fact and law, including the interpreta-
tion of constitutional, statutory, and regulatory 
provisions, unless the parties stipulate other-
wise. 
‘‘(2) DESIGNATION OF AN EMPLOYEE TO RE-
CEIVE COMPLAINTS.—The Secretary shall designate 
an employee in the Office of Postsecondary Edu-
cation of the Department to receive complaints 
(whether electronically or by mail) from students or 
student organizations at a given public institution of 
higher education, or from any other person or orga-
nization, regarding policies at the institution that 
meet the description of clause (i) or (ii) of para-
graph (1)(A). 
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‘‘(3) 
COMPLAINT.—A 
complaint 
submitted 
under subparagraph (2)— 
‘‘(A) shall include the provision of the in-
stitution’s policy the complainant believes meets 
the description of clause (i) or (ii) of paragraph 
(1)(A), along with any evidence regarding the 
operation and enforcement of such policy the 
complainant deems relevant; and 
‘‘(B) may include an argument and any 
other supplemental information as to why the 
policy in question meets such description. 
‘‘(4) SYSTEM OF REVIEW.— 
‘‘(A) FIRST STAGE REVIEW.— 
‘‘(i) REQUEST FOR RESPONSE.—Not 
later than 7 days after the date of receipt 
of a complaint under paragraph (2), the 
Secretary shall review the complaint and 
request a response to the complaint from 
the institution. 
‘‘(ii) INSTITUTION
RESPONSE.—Not 
later than 30 days after the date the Sec-
retary requests a response under clause (i), 
the institution shall— 
‘‘(I) certify to the Secretary that 
the institution has entirely withdrawn 
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the policy that occasioned the com-
plaint; 
‘‘(II) submit a revised policy for 
review by the Secretary; or 
‘‘(III) submit a defense of the 
policy that occasioned the complaint. 
‘‘(iii) AVAILABILITY
TO
COMPLAIN-
ANT.— 
‘‘(I) IN
GENERAL.—Not later 
than 7 days after the date of receipt 
of a revised policy or defense of the 
original policy as submitted by the in-
stitution pursuant to clause (ii), the 
Secretary shall make available to the 
complainant a copy of such revised 
policy or defense. 
‘‘(II) RESPONSE
BY
COMPLAIN-
ANT.—Not later than 60 days after 
the date of receipt of a revised policy 
or defense of the original policy under 
subclause (I), the complainant may 
submit to the Secretary a response to 
the revised policy or defense of the 
original policy. 
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‘‘(III) SUBMISSION TO THE IN-
STITUTION OF RESPONSE.—Not later 
than 7 days after the date of receipt 
of a response under subclause (II), 
the Secretary shall submit to the in-
stitution a copy of such response. 
‘‘(iv) DETERMINATIONS.—If the insti-
tution declines to entirely withdraw the 
policy that occasioned the complaint and 
either submits a revised policy for review 
or submits a defense of the policy that oc-
casioned the complaint, the Secretary shall, 
not later than 60 days after the date of the 
deadline for a response by the complaint as 
described in clause (iii)(II), make one of 
the following determinations: 
‘‘(I) Determine that the com-
plaint in question has insufficient 
merit to proceed to Second Stage Re-
view described in subparagraph (B). 
‘‘(II) Determine that the com-
plaint in question has sufficient merit 
to proceed to Second Stage Review 
described in subparagraph (B). 
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‘‘(v) NOTIFICATION.—Not later than 
7 days after the date the Secretary makes 
a determination under clause (iv), the Sec-
retary shall notify the institution and the 
complainant of such determination. 
‘‘(vi) END.—The determination under 
clause (iv) shall constitute the end of First 
Stage Review. 
‘‘(B) SECOND STAGE REVIEW.— 
‘‘(i) IN GENERAL.—In a Second Stage 
Review, the Secretary shall notify the insti-
tution and the complainant of the com-
mencement of the Second Stage Review, 
and shall give the institution the option of 
entirely withdrawing the policy that occa-
sioned the complaint or submitting a re-
vised policy for review within 30 days of 
the commencement of the Second Stage 
Review. In such notification submitted to 
the institution and complainant, the Sec-
retary shall indicate the relevant sections 
of the institution’s policy in question and 
explain why these sections may be out of 
compliance. 
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‘‘(ii) 
DETERMINATION.—Not 
later 
than 90 days from the commencement of 
the Second Stage Review, the Secretary 
shall determine whether the policy that oc-
casioned the complaint, or the revised pol-
icy submitted during the First Stage Re-
view, or the revised policy submitted within 
the first 30 days of the Second Stage Re-
view, is in violation of student rights under 
the First Amendment to the Constitution 
of the United States or of the restrictions 
on the regulation of speech by time, place, 
and manner set forth in this section, there-
by ending Second Stage Review. 
‘‘(iii) INVESTIGATION.—During Sec-
ond Stage Review, the Secretary may con-
duct an investigation in which further in-
formation may be sought or requested 
from the complainant, the institution, or 
any other pertinent source. 
‘‘(iv) 
CERTIFICATION
OF
WITH-
DRAWAL.—At any point during the Second 
Stage Review, the institution in question 
may certify to the Secretary that it has en-
tirely withdrawn the policy that occasioned 
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the complaint, thereby ending the Second 
Stage Review. 
‘‘(v) NOTIFICATION
AND
JUSTIFICA-
TION.—If the Secretary determines by the 
conclusion of Second Stage Review that 
the policy that occasioned the complaint or 
the revised policy submitted for review dur-
ing First Stage Review or Second Stage 
Review is consistent with the expressive 
rights of students under the First Amend-
ment to the Constitution of the United 
States and the restrictions on the regula-
tion of speech by time, place, and manner 
set forth in this Act— 
‘‘(I) the Secretary shall notify the 
complainant and the institution of 
such determination not more than 7 
days after the date of the determina-
tion; and 
‘‘(II) the Secretary shall explain 
and justify such determination in a 
written decision citing relevant legal 
precedent, copies of which shall be 
sent to the complainant, the institu-
tion, the authorizing committees, and 
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made available for public inspection, 
including for online reading by the 
public. 
‘‘(C) DETERMINATION THAT INSTITUTION 
IS OUT OF COMPLIANCE.— 
‘‘(i) IN GENERAL.—If, upon comple-
tion of the Second Stage Review, the Sec-
retary determines that the policy that occa-
sioned the complaint, or the revised policy 
submitted for review during the First 
Stage Review or Second Stage Review, vio-
lates the First Amendment to the Con-
stitution of the United States or the re-
strictions on the regulation of speech set 
forth in this section, the Secretary shall 
notify the complainant and the institution 
not more than 7 days after the date of 
completion of Second Stage Review that 
the institution is out of compliance with 
the requirements for receiving funds under 
this Act, including participation in any 
program under this title, but will be grant-
ed a grace period of 120 days to return to 
compliance before being formally stripped 
of eligibility. 
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‘‘(ii) POSTING; EXPLANATION; FINAL 
REVIEW.—As part of the notification under 
clause (i), the Secretary shall— 
‘‘(I) require the institution to 
post the determination of the Sec-
retary on the website of the institu-
tion within 2 clicks of the homepage, 
without a paywall, email login, or 
other restriction to access; 
‘‘(II) explain and justify the de-
termination of the Secretary in a writ-
ten decision citing relevant legal 
precedent, copies of which shall be 
sent to the complainant, the institu-
tion, the authorizing committees, and 
made available for public inspection, 
including for online reading by the 
public; and 
‘‘(III) inform the institution that 
Final Review has begun and that the 
institution must either certify to the 
Secretary that it has entirely with-
drawn the policy that occasioned the 
complaint, or submit a revised policy 
for review to the Secretary not later 
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than 60 days after the date of receipt 
of notice of the conclusion of Second 
Stage Review. 
‘‘(D) FINAL REVIEW.— 
‘‘(i) IN GENERAL.—If an institution 
submits a revised policy for review as de-
scribed in subparagraph (C)(ii)(III), the 
Secretary shall review such revised policy 
and determine not later than 120 days 
after the date of commencement of Final 
Review whether the revised policy is con-
sistent with the expressive rights of stu-
dents under the First Amendment to the 
Constitution of the United States and with 
the restrictions on the regulation of speech 
by time, place, and manner set forth in 
this section. 
‘‘(ii) DETERMINATION
OF
COMPLI-
ANCE.—If the Secretary determines, as de-
scribed in clause (i), that the revised policy 
is consistent with the expressive rights of 
students under the First Amendment to 
the Constitution of the United States and 
with the restrictions on the regulation of 
speech by time, place, and manner set 
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forth in this section, the Secretary shall 
notify the complainant and the institution 
of such determination not more than 7 
days after the date the determination is 
made, thereby ending the final Stage Re-
view. 
‘‘(iii) DETERMINATION
OF
VIOLA-
TION.—If the Secretary determines, as de-
scribed in clause (i), that the revised policy 
violates the expressive rights of students 
under the First Amendment to the Con-
stitution of the United States or the re-
strictions on the regulation of speech by 
time, place, and manner set forth in this 
section, the Secretary shall— 
‘‘(I) notify the complainant and 
the institution of such determination 
not more than 7 days after the date 
the determination is made, thereby 
ending the final Stage Review; and 
‘‘(II) explain and justify the de-
termination in a written decision cit-
ing relevant legal precedent, copies of 
which shall be sent to the complain-
ant, the institution, and made avail-
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able for public inspection, including 
for online reading by the public. 
‘‘(E) LOSS OF ELIGIBILITY.— 
‘‘(i) IN
GENERAL.—If the Secretary 
determines, during the Final Stage Review, 
that the institution’s policy in question vio-
lates the expressive rights of students 
under the First Amendment to the Con-
stitution of the United States or the re-
strictions on the regulation of speech by 
time, place, and manner set forth in this 
section, the Secretary shall— 
‘‘(I) notify the complainant and 
the institution not more than 7 days 
after the date of the determination 
that the institution will lose eligibility 
to receive funds under this Act, in-
cluding participation in any program 
under this title, in accordance with 
this subparagraph; 
‘‘(II) notify the institution that 
the loss of eligibility shall take effect 
beginning with any student notified of 
acceptance for admission to the insti-
tution during the award year subse-
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quent to the award year during which 
the determination is made, and that 
no restoration of eligibility for ineli-
gible students in subsequent award 
years will occur prior to the beginning 
of the third award year subsequent to 
the award year during which the de-
termination is made; 
‘‘(III) explain and justify the de-
termination in a written decision cit-
ing relevant legal precedent, copies of 
which shall be sent to the complain-
ant, the institution, the authorizing 
committees, and made available for 
public inspection, including for online 
reading by the public; and 
‘‘(IV) require the institution to 
post the determination of the Sec-
retary on the website of the institu-
tion, within two clicks of the home-
page, without a paywall, email login, 
or other restriction to access. 
‘‘(ii) CONTINUED ELIGIBILITY.—Each 
student enrolled at the institution during 
the award year in which eligibility is lost 
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as described in this subparagraph, and 
each student notified of acceptance for ad-
mission to the institution during the award 
year in which eligibility is lost as described 
in this subparagraph, shall continue to be 
eligible to participate, through the institu-
tion, in programs funded under this Act 
during the 3-year period after the date of 
the loss of eligibility. 
‘‘(F) RESTORATION OF ELIGIBILITY.— 
‘‘(i) IN GENERAL.—Not later than 7 
days after the loss of eligibility under sub-
paragraph (E), the Secretary shall inform 
the institution that the institution may re-
store eligibility, either by certifying to the 
Secretary that the institution has entirely 
withdrawn the policy that precipitated loss 
of eligibility, or by submitting a revised 
policy for review at any time following the 
failure of the Final Review. 
‘‘(ii) REVIEW OF REVISED POLICY.— 
The Secretary shall review a revised policy 
submitted for review after the loss of eligi-
bility and determine not later than 120 
days after the date the revised policy is 
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submitted whether such policy is consistent 
with the expressive rights of students 
under the First Amendment to the Con-
stitution of the United States and with the 
restrictions on the regulation of speech by 
time, place, and manner set forth in this 
Act. 
‘‘(iii) 
INVESTIGATION.—While 
con-
ducting a review to restore eligibility under 
this subparagraph, the Secretary may con-
duct an investigation in which further in-
formation may be sought or requested 
from the institution, or any other source 
the Secretary determines pertinent. 
‘‘(iv) WRITTEN DECISION.—In making 
a determination of whether a revised policy 
submitted for review after the loss of eligi-
bility is either consistent or inconsistent 
with the expressive rights of students 
under the First Amendment to the Con-
stitution of the United States and with the 
restrictions on the regulation of speech by 
time, place, and manner set forth in this 
Act, the Secretary shall explain and justify 
the determination in a written decision cit-
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ing relevant legal precedent, copies of 
which shall be sent to the complainant, the 
institution, the authorizing committees, 
and made available for public inspection, 
including for online reading by the public. 
‘‘(v) LIMIT
ON
REVIEW.—The Sec-
retary may conduct not more than 1 review 
to restore eligibility for a single institution 
in any given award year. 
‘‘(vi) RESTORATION.—If an institu-
tion certifies to the Secretary that the pol-
icy that precipitated the loss of eligibility 
has been entirely withdrawn, or if Sec-
retary determines that the revised policy 
submitted for review is consistent with the 
expressive rights of students under the 
First Amendment to the Constitution of 
the United States and with the restrictions 
on the regulation of speech by time, place, 
and manner set forth in this section, the 
institution’s eligibility to receive funds 
under this Act, including participation in 
any program under this title, shall be re-
stored not earlier than the beginning of the 
third award year following the year in 
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which notification of loss of eligibility was 
received. 
‘‘(G) GOOD FAITH REPRESENTATION.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall inform any institution undergoing re-
view of its campus speech policies that it 
expects the institution to represent its poli-
cies, along with any proposed revisions in 
such policies, in good faith. 
‘‘(ii) MISREPRESENTATION.— 
‘‘(I) COMPLAINTS.—A student, 
student organization, or any other 
person or organization may file, with 
the employee in the Office of Postsec-
ondary Education of the Department 
designated by the Secretary under 
paragraph (2) to receive complaints, a 
complaint that an institution has sub-
stantially misrepresented its speech 
policies, or withheld information re-
quested by the Secretary during an 
investigation, or attempted to cir-
cumvent the review process by reinsti-
tuting a policy under review in a sub-
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stantially similar form without inform-
ing the Secretary. 
‘‘(II) LOSS OF ELIGIBILITY.—If 
the Secretary determines upon inves-
tigation, or after receiving a complaint 
under subclause (I), that an institu-
tion has substantially misrepresented 
its speech policies, or withheld infor-
mation requested by the Secretary 
during an investigation, or attempted 
to circumvent the review process by 
reinstituting a policy under review in 
a substantially similar form without 
informing the Secretary, the institu-
tion shall lose eligibility to receive 
funds under this Act, including par-
ticipation in any program under this 
title. 
‘‘(iii) LOSS OF ELIGIBILITY.—If an in-
stitution loses eligibility under clause (ii), 
the Secretary shall notify the institution, 
not later than 7 days after the determina-
tion, that the loss of eligibility shall take 
effect beginning with any student notified 
of acceptance for admission to the institu-
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tion during the award year subsequent to 
the award year during which the deter-
mination is made, and that no restoration 
of eligibility for students admitted in sub-
sequent award years will occur prior to the 
beginning of the third award year subse-
quent to the award year during which the 
determination is made. 
‘‘(f) RETALIATION PROHIBITED.— 
‘‘(1) IN GENERAL.—No person may intimidate, 
threaten, coerce, or discriminate against any indi-
vidual because the individual has made a report or 
complaint, testified, assisted, or participated or re-
fused to participate in any manner in an investiga-
tion, proceeding, or hearing under this section. 
‘‘(2) SPECIFIC CIRCUMSTANCES.— 
‘‘(A) EXERCISE
OF
FIRST
AMENDMENT 
RIGHTS.—The exercise of rights protected 
under the First Amendment to the Constitution 
of the United States does not constitute retalia-
tion prohibited under paragraph (1). 
‘‘(B) CODE OF CONDUCT VIOLATION FOR 
MATERIALLY FALSE STATEMENT.—Charging an 
individual with a code of conduct violation for 
making a materially false statement in bad 
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faith in the course of a grievance proceeding 
under this section does not constitute retalia-
tion prohibited under paragraph (1). A deter-
mination regarding responsibility, alone, is not 
sufficient to conclude that any party made a 
materially false statement in bad faith. 
‘‘(g) JUDICIAL REVIEW.—A public institution of 
higher education participating in a program under this 
title may seek judicial review of an agency action under 
this section in accordance with chapter 7 of title 5, United 
States Code. 
‘‘SEC. 494B. CAMPUS SPEECH POLICIES AT PRIVATE UNI-
VERSITIES. 
‘‘(a) IN GENERAL.—Each private institution of high-
er education eligible to receive funds under this Act, in-
cluding any program under this title, shall— 
‘‘(1) post in one place on the website of the in-
stitution all policies that pertain to the protection 
and regulation of the expressive rights of students, 
including the right to submit a complaint under this 
section, within 2 clicks of the homepage, without a 
paywall, email login, or other restriction to access; 
and 
‘‘(2) include a copy of such policies in a hand-
book distributed to new students. 
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‘‘(b) RESPONSIBILITY FOR FULL POLICY DISCLO-
SURE.—Each private institution of higher education de-
scribed in subsection (a) shall include with the copy of the 
policies described in subsection (a)— 
‘‘(1) a statement affirming that all policies per-
tinent to the protection and regulation of the expres-
sive rights of students have been disclosed in the 
manner required by this section; and 
‘‘(2) a statement affirming that publication of 
such policies as required by this section and instruc-
tions for students on how to contact the employee 
designated in the Office of Postsecondary Education 
in the Department under subsection (d)(1) to file a 
complaint. 
‘‘(c) CAUSE OF ACTION.— 
‘‘(1) AUTHORIZATION.—A student claiming 
that a private institution of higher education in 
which the student is enrolled has violated published 
policy regarding expressive rights imposed by this 
section may bring an action in a Federal court of 
competent jurisdiction to enjoin such violation or to 
recover compensatory damages, reasonable court 
costs, or reasonable attorney fees. 
‘‘(2) ACTIONS.—Notwithstanding any other 
provision of law, in an action brought under this 
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subsection, the Federal court shall decide de novo all 
relevant questions of fact and law, including the in-
terpretation of constitutional, statutory, and regu-
latory provisions, unless the parties stipulate other-
wise. In an action brought under this subsection, if 
the court finds a violation of subsection (b), the 
court— 
‘‘(A) shall— 
‘‘(i) enjoin the violation; and 
‘‘(ii) award the student— 
‘‘(I) not less than $500 for an 
initial violation; and 
‘‘(II) if the student notifies the 
institution of the violation, $50 for 
each day the violation continues after 
the notification if the institution did 
not act to discontinue the cause of the 
violation; and 
‘‘(B) may award a prevailing plaintiff— 
‘‘(i) compensatory damages; 
‘‘(ii) reasonable court costs; or 
‘‘(iii) reasonable attorney fees. 
‘‘(d) SECRETARIAL REQUIREMENTS.— 
‘‘(1) DESIGNATION
OF
AN
EMPLOYEE.—The 
Secretary shall designate an employee in the Office 
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of Postsecondary Education in the Department who 
shall— 
‘‘(A) receive copies of all complaints per-
taining to the protection and regulation of the 
expressive rights of students at private institu-
tions of higher education that receive funds 
under this section, including any programs 
under this title; 
‘‘(B) preserve all records of such policies 
for a period of not less than 10 years; 
‘‘(C) receive complaints from students, stu-
dent organizations, or from any other person or 
organization, that believes a private institution 
of higher education has not disclosed a policy 
pertaining to the protection and regulation of 
the expressive rights of students as required by 
this section, is enforcing a policy pertaining to 
the expressive rights of students that has not 
been disclosed as required by this section, or 
has failed to make a full policy disclosure, for 
the enforcement of speech policies, as required 
by this section; 
‘‘(D) not more than 7 days after the date 
of receipt of a complaint under subparagraph 
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(C), review the complaint and request a re-
sponse from the institution; 
‘‘(E) undertake an investigation, in re-
sponse to a complaint under subparagraph (C), 
to determine whether a private institution of 
higher education has failed to disclose a policy 
pertaining to the protection and regulation of 
the expressive rights of students as required by 
this section or is enforcing a policy pertaining 
to the expressive rights of students that has not 
been disclosed as required by this section; and 
‘‘(F) determine, not later than 120 days 
after the date of receipt of a complaint, whether 
the private institution of higher education in 
question has failed to disclose a policy per-
taining to the protection and regulation of the 
expressive rights of students as required by this 
section or is enforcing a policy pertaining to the 
expressive rights of students that has not been 
disclosed as required by this section. 
‘‘(2) LOSS OF ELIGIBILITY.— 
‘‘(A) IN GENERAL.—If the Secretary deter-
mines that a private institution of higher edu-
cation has failed to disclose a policy pertaining 
to the protection and regulation of the expres-
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sive rights of students as required by this sec-
tion or is enforcing a policy pertaining to the 
expressive rights of students that has not been 
disclosed as required by this section, the Sec-
retary shall notify the institution and the com-
plainant, not more than 7 days after the date 
of such determination, that the institution is 
out of compliance with the requirements for re-
ceiving funds under this Act, including partici-
pation in any program under this title, but will 
be granted a grace period of 60 days to return 
to compliance before formally losing eligibility 
for receiving funds under this Act, including 
participation in any program under this title. 
‘‘(B) SPECIFICATIONS IN NOTIFICATION.— 
As part of the notification under subparagraph 
(A), the Secretary shall specify which policies 
need to be disclosed and published in order for 
eligibility to be restored. 
‘‘(C) NOTIFICATION
OF
LOSS
OF
ELIGI-
BILITY.— 
‘‘(i) IN
GENERAL.—If the Secretary 
determines that, 60 days after being noti-
fied that the institution is out of compli-
ance as described in subparagraph (A), the 
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institution has failed to return to compli-
ance by making the appropriate speech 
policy disclosures, the Secretary shall no-
tify the institution and the complainant, 
not more than 7 days after the date of 
such determination— 
‘‘(I) that the institution will lose 
eligibility to receive funds under this 
Act, including participation in any 
program under this title; 
‘‘(II) that the loss of eligibility 
shall take effect beginning with any 
student notified of acceptance for ad-
mission to the institution during the 
award year subsequent to the award 
year during which the determination 
is made, and that no restoration of 
eligibility for ineligible students in 
subsequent years will occur prior to 
the beginning of the third award year 
subsequent to the award year during 
which the determination is made; and 
‘‘(III) that the institution shall 
post the determination of the Sec-
retary on the website of the institu-
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tion, within two clicks of the home-
page, without a paywall, email login, 
or other restriction to access. 
‘‘(ii) CONTINUED ELIGIBILITY.—Each 
student enrolled at the institution during 
the award year in which eligibility is lost 
as described in this subparagraph, and 
each student notified of acceptance for ad-
mission to the institution during the award 
year in which eligibility is lost as described 
in this subparagraph, shall continue to be 
eligible to participate, through the institu-
tion, in programs funded under this Act 
during the 3-year period after the date of 
the loss of eligibility. 
‘‘(3) RESTORATION OF ELIGIBILITY.— 
‘‘(A) IN GENERAL.—Not later than 7 days 
after the loss of eligibility under paragraph (2), 
the Secretary shall inform the institution that 
the institution may restore eligibility by making 
the appropriate speech policy disclosures, as di-
rected by the Secretary in conformity with this 
section. 
‘‘(B) REVIEW.—The Secretary shall review 
any policy disclosures and determine whether 
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the policy disclosures are sufficient to restore 
eligibility for receiving funds under this Act, in-
cluding participation in any program under this 
title, not later than 120 days after the date of 
receipt of such disclosures or statement. 
‘‘(C) INVESTIGATION.—While conducting a 
review to restore eligibility under this para-
graph, the Secretary may conduct an investiga-
tion in which further information may be 
sought or requested from the institution, or 
other source pertinent to the case. 
‘‘(D) RESTORATION.—If the Secretary de-
termines that the institution under review to re-
store eligibility under this paragraph has made 
the policy disclosures as required by this sec-
tion, the institution’s eligibility to receive funds 
under this Act, including participation in any 
program under this title, shall be restored not 
earlier than the beginning of the third award 
year following the year in which notification of 
loss of eligibility was received. 
‘‘(E) LIMIT
ON
REVIEW.—The Secretary 
may conduct not more than 1 review to restore 
eligibility for a single institution in any given 
award year. 
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‘‘(4) PROHIBITION.—The Secretary may not 
conduct an investigation under this subsection for 
purposes of making a determination under para-
graph (2)(A) with respect to an institution of higher 
education, unless such an investigation is conducted 
with respect to a complaint received under para-
graph (1). 
‘‘(e) NONAPPLICATION TO CERTAIN INSTITUTIONS.— 
This section shall not apply to an institution of higher 
education that is controlled by a religious organization. 
‘‘(f) JUDICIAL REVIEW.—A private institution of 
higher education participating in a program under this 
title may seek judicial review of an agency action under 
this section in accordance with chapter 7 of title 5, United 
States Code.’’. 
Æ 
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