[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2508 Introduced in House (IH)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Free Speech Restoration
Act''.
SEC. 2. PROTECTION OF STUDENT SPEECH AND ASSOCIATION 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 paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(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 professing 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
institution 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;
``(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 institution'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 expressive 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 activity requirements described in
section 494B.''; and
(2) in part G, by adding at the end the following:
``SEC. 494A. CAMPUS SPEECH POLICIES AT PUBLIC UNIVERSITIES.
``(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 expressive activity in a generally
accessible area on the institution's campus if the person's
conduct is lawful.
``(2) Restrictions.--An institution of higher education
described in paragraph (1) may not maintain 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 furthering
that compelling governmental interest;
``(C) is based on published, content-neutral, and
viewpoint-neutral criteria;
``(D) leaves open ample alternative channels 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 activity in an area on
an institution's campus that is not a generally accessible
area.
``(4) Nonapplication to service academies.--This section
shall not apply to an institution of higher education whose
primary purpose is the training of individuals for the military
services of the United 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 subsection
(b)(1), were violated.
``(2) Actions.--Notwithstanding any other provision of law,
in an action brought under this section, the Federal court
shall decide de novo all relevant questions of fact and law,
including the interpretation 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
activity rights were violated brought the
action, award the person--
``(I) not less than $500 for an
initial violation; and
``(II) if the person 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.
``(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 paragraph (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 initial violation of
subsection (b), and each day that an institution's policy in
violation of subsection (b) remains in effect, shall constitute
a continuing violation 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 Constitution of the
United States; or
``(ii) maintains or enforces time, place,
or manner restrictions on an expressive
activity in a generally accessible area of the
institution's campus that do not comply with
subparagraphs (A) through (E) of subsection
(b)(2).
``(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 education, unless such an investigation is
conducted under paragraph (4) with respect to a
complaint received under paragraph (2).
``(C) Court review.--Notwithstanding any other
provision of law, the Secretary's determinations under
this subsection shall be reviewed de novo with respect
to all relevant questions of fact and law, including
the interpretation of constitutional, statutory, and
regulatory provisions, unless the parties stipulate
otherwise.
``(2) Designation of an employee to receive complaints.--
The Secretary shall designate an employee in the Office of
Postsecondary Education of the Department to receive complaints
(whether electronically or by mail) from students or student
organizations at a given public institution of higher
education, or from any other person or organization, regarding
policies at the institution that meet the description of clause
(i) or (ii) of paragraph (1)(A).
``(3) Complaint.--A complaint submitted under subparagraph
(2)--
``(A) shall include the provision of the
institution'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 Secretary
requests a response under clause (i), the
institution shall--
``(I) certify to the Secretary that
the institution has entirely withdrawn
the policy that occasioned the
complaint;
``(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 complainant.--
``(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
institution pursuant to clause (ii),
the Secretary shall make available to
the complainant a copy of such revised
policy or defense.
``(II) Response by complainant.--
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.
``(III) Submission to the
institution of response.--Not later
than 7 days after the date of receipt
of a response under subclause (II), the
Secretary shall submit to the
institution a copy of such response.
``(iv) Determinations.--If the institution
declines to entirely withdraw the policy that
occasioned the complaint and either submits a
revised policy for review or submits a defense
of the policy that occasioned the 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 complaint
in question has insufficient merit to
proceed to Second Stage Review
described in subparagraph (B).
``(II) Determine that the complaint
in question has sufficient merit to
proceed to Second Stage Review
described in subparagraph (B).
``(v) Notification.--Not later than 7 days
after the date the Secretary makes a
determination under clause (iv), the Secretary
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
institution and the complainant of the
commencement of the Second Stage Review, and
shall give the institution the option of
entirely withdrawing the policy that occasioned
the complaint or submitting a revised policy
for review within 30 days of the commencement
of the Second Stage Review. In such
notification submitted to the institution and
complainant, the Secretary shall indicate the
relevant sections of the institution's policy
in question and explain why these sections may
be out of compliance.
``(ii) Determination.--Not later than 90
days from the commencement of the Second Stage
Review, the Secretary shall determine whether
the policy that occasioned the complaint, or
the revised policy submitted during the First
Stage Review, or the revised policy submitted
within the first 30 days of the Second Stage
Review, 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, thereby ending
Second Stage Review.
``(iii) Investigation.--During Second Stage
Review, the Secretary may conduct an
investigation in which further information may
be sought or requested from the complainant,
the institution, or any other pertinent source.
``(iv) Certification of withdrawal.--At any
point during the Second Stage Review, the
institution in question may certify to the
Secretary that it has entirely withdrawn the
policy that occasioned the complaint, thereby
ending the Second Stage Review.
``(v) Notification and justification.--If
the Secretary determines by the conclusion of
Second Stage Review that the policy that
occasioned the complaint or the revised policy
submitted for review during First Stage Review
or Second Stage Review is consistent with the
expressive rights of students under the First
Amendment to the Constitution of the United
States and the restrictions on the regulation
of speech by 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 determination;
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
institution, the authorizing
committees, and 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 completion of
the Second Stage Review, the Secretary
determines that the policy that occasioned the
complaint, or the revised policy submitted for
review during the First Stage Review or Second
Stage Review, violates the First Amendment to
the Constitution of the United States or the
restrictions 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 granted a grace period of 120 days
to return to compliance before being formally
stripped of eligibility.
``(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 Secretary
on the website of the institution
within 2 clicks of the homepage,
without a paywall, email login, or
other restriction to access;
``(II) explain and justify the
determination of the Secretary in a
written decision citing 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; and
``(III) inform the institution that
Final Review has begun and that the
institution must either certify to the
Secretary that it has entirely
withdrawn the policy that occasioned
the complaint, or submit a revised
policy for review to the Secretary not
later 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
described 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 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.
``(ii) Determination of compliance.--If the
Secretary determines, as described 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 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 Review.
``(iii) Determination of violation.--If the
Secretary determines, as described in clause
(i), that the revised policy violates the
expressive rights of students under the First
Amendment to the Constitution of the United
States or the restrictions on the regulation of
speech by 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
determination in a written decision
citing relevant legal precedent, copies
of which shall be sent to the
complainant, the institution, and made
available 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 violates
the expressive rights of students under the
First Amendment to the Constitution of the
United States or the restrictions on the
regulation of speech by 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, including 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 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 award
years will occur prior to the beginning
of the third award year subsequent to
the award year during which the
determination is made;
``(III) explain and justify the
determination in a written decision
citing 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; and
``(IV) require the institution to
post the determination of the Secretary
on the website of the institution,
within two clicks of the homepage,
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 admission 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 institution, 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
subparagraph (E), the Secretary shall inform
the institution that the institution may
restore 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
eligibility and determine not later than 120
days after the date the revised policy is
submitted whether such 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 forth in this Act.
``(iii) Investigation.--While conducting a
review to restore eligibility under this
subparagraph, the Secretary may conduct an
investigation in which further information 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
eligibility is either consistent or
inconsistent with the expressive rights of
students under the First Amendment to the
Constitution of the United States and with the
restrictions on the regulation of speech by
time, place, and manner set forth in this Act,
the Secretary shall explain and justify the
determination in a written decision citing
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 Secretary may
conduct not more than 1 review to restore
eligibility for a single institution in any
given award year.
``(vi) Restoration.--If an institution
certifies to the Secretary that the policy that
precipitated the loss of eligibility has been
entirely withdrawn, or if Secretary determines
that the revised policy submitted for review is
consistent with the expressive rights of
students under the First Amendment to the
Constitution of the United States and with the
restrictions on the regulation of speech by
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 restored not earlier than the
beginning of the third award year following the
year in which notification of loss of
eligibility was received.
``(G) Good faith representation.--
``(i) In general.--The Secretary shall
inform any institution undergoing review of its
campus speech policies that it expects the
institution to represent its policies, 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
Postsecondary Education of the
Department designated by the Secretary
under paragraph (2) to receive
complaints, a complaint that an
institution has substantially
misrepresented its speech policies, or
withheld information 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.
``(II) Loss of eligibility.--If the
Secretary determines upon
investigation, or after receiving a
complaint under subclause (I), that an
institution has substantially
misrepresented its speech policies, or
withheld information 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
institution shall lose eligibility to
receive funds under this Act, including
participation in any program under this
title.
``(iii) Loss of eligibility.--If an
institution loses eligibility under clause
(ii), the Secretary shall notify the
institution, not later than 7 days after the
determination, that the loss of eligibility
shall take effect beginning with any student
notified of acceptance for admission 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 students admitted in subsequent award years
will occur prior to the beginning of the third
award year subsequent 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 individual because the
individual has made a report or complaint, testified, assisted,
or participated or refused to participate in any manner in an
investigation, 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 retaliation 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 faith in the course of a grievance
proceeding under this section does not constitute
retaliation prohibited under paragraph (1). A
determination 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 UNIVERSITIES.
``(a) In General.--Each private institution of higher education
eligible to receive funds under this Act, including any program under
this title, shall--
``(1) post in one place on the website of the institution
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 handbook
distributed to new students.
``(b) Responsibility for Full Policy Disclosure.--Each private
institution of higher education described in subsection (a) shall
include with the copy of the policies described in subsection (a)--
``(1) a statement affirming that all policies pertinent to
the protection and regulation of the expressive rights of
students have been disclosed in the manner required by this
section; and
``(2) a statement affirming that publication of such
policies as required by this section and instructions 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 subsection, the Federal court
shall decide de novo all relevant questions of fact and law,
including the interpretation 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) 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 of Postsecondary Education
in the Department who shall--
``(A) receive copies of all complaints pertaining
to the protection and regulation of the expressive
rights of students at private institutions 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, student
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 (C), review
the complaint and request a response from the
institution;
``(E) undertake an investigation, in response 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 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.
``(2) Loss of eligibility.--
``(A) In general.--If the Secretary determines that
a private institution of higher education has failed to
disclose a policy pertaining to the protection and
regulation of the expressive rights of students as
required by this section or is enforcing a policy
pertaining to the expressive rights of students that
has not been disclosed as required by this section, the
Secretary shall notify the institution and the
complainant, not more than 7 days after the date of
such determination, 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 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 eligibility.--
``(i) In general.--If the Secretary
determines that, 60 days after being notified
that the institution is out of compliance as
described in subparagraph (A), the institution
has failed to return to compliance by making
the appropriate speech policy disclosures, the
Secretary shall notify 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
admission 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 Secretary
on the website of the institution,
within two clicks of the homepage,
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 admission 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 institution, 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 directed by the Secretary in
conformity with this section.
``(B) Review.--The Secretary shall review any
policy disclosures and determine whether the policy
disclosures are sufficient to restore eligibility for
receiving funds under this Act, including 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 paragraph, the Secretary
may conduct an investigation in which further
information may be sought or requested from the
institution, or other source pertinent to the case.
``(D) Restoration.--If the Secretary determines
that the institution under review to restore
eligibility under this paragraph has made the policy
disclosures as required by this section, 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.
``(4) Prohibition.--The Secretary may not conduct an
investigation under this subsection for purposes of making a
determination under paragraph (2)(A) with respect to an
institution of higher education, unless such an investigation
is conducted with respect to a complaint received under
paragraph (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.''.
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