[House Report 118-593]
[From the U.S. Government Publishing Office]


118th Congress    }                                      {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {    118-593

======================================================================



 
                  CIVIL RIGHTS PROTECTION ACT OF 2024

                                _______
                                

 July 18, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Ms. Foxx, from the Committee on Education and the Workforce, submitted 
                             the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 8648]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 8648) to increase the transparency of 
colleges and universities in carrying out their civil rights 
responsibilities, and for other purposes, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Civil Rights Protection Act of 2024''.

SEC. 2. COMPLIANCE AND TRANSPARENCY RELATED TO TITLE VI OF THE CIVIL 
                    RIGHTS ACT OF 1964.

  (a) Program Participation Agreement Requirement.--Section 487 of the 
Higher Education Act of 1965 (20 U.S.C. 1094) is amended--
          (1) in subsection (a), by adding at the end the following new 
        paragraph:
          ``(30) The institution will comply with the provisions of 
        subsection (i) and provide to the Secretary an annual 
        attestation of such compliance.''.
          (2) by redesignating subsections (i) and (j) as subsections 
        (j) and (k), respectively; and
          (3) by inserting after subsection (h) the following new 
        subsection:
  ``(i) Compliance and Transparency Related to Complaints Under Title 
VI of the Civil Rights Act of 1964.--
          ``(1) Compliance and transparency.--With respect to 
        complaints received by an institution related to alleged 
        violations of title VI of the Civil Rights Act of 1964 (42 
        U.S.C. 2000d et seq.), the institution will--
                  ``(A) have in effect, make publicly available 
                (including on the website of the institution), and 
                widely distribute to students and their families 
                (including in student orientation materials) a 
                description of the investigative processes of the 
                institution related to such complaints;
                  ``(B) include in the description of investigative 
                processes described in subparagraph (A) at least the 
                following:
                          ``(i) The processes and factors used to 
                        determine whether such a complaint will be 
                        investigated and how the outcome of an 
                        investigation will be determined.
                          ``(ii) A designation of at least one employee 
                        to coordinate its efforts to comply with title 
                        VI of the Civil Rights Act of 1964 (42 U.S.C. 
                        2000d et seq.), including any investigation of 
                        any complaint alleging the noncompliance of the 
                        institution with requirements under the Act.
                          ``(iii) The contact information and necessary 
                        steps for reporting such a complaint to the 
                        institution.
                          ``(iv) A procedure to ensure that, for each 
                        such complaint received by the institution, the 
                        complainant will receive from the institution 
                        timely notification of each of the following:
                                  ``(I) Confirmation of receipt of the 
                                complaint.
                                  ``(II) Notification of whether or not 
                                an investigation has been opened in 
                                response to the complaint.
                                  ``(III) In the case that an 
                                investigation was not opened in 
                                response to the complaint, an 
                                explanation of why an investigation was 
                                not opened including a summary of the 
                                information that was used to determine 
                                that an investigation should not be 
                                opened.
                                  ``(IV) In the case that an 
                                investigation was opened--
                                          ``(aa) notification that an 
                                        investigation of the complaint 
                                        will be carried out, and that 
                                        the complainant will be 
                                        notified of the outcome of the 
                                        investigation; and
                                          ``(bb) notification of the 
                                        outcome of the investigation, 
                                        including an explanation of how 
                                        the outcome was reached, and 
                                        any remedial actions taken in 
                                        response to the complaint.
                          ``(v) A system for keeping and maintaining 
                        records of such complaints, including the 
                        determination and reasoning for whether or not 
                        an investigation into a complaint was opened, 
                        notifications to and communications with the 
                        complainant and, if applicable, the respondent, 
                        a record of the investigation (including the 
                        outcome thereof), and a record of any remedial 
                        actions taken in response to the complaint.
                          ``(vi) The contact information and necessary 
                        steps for reporting a complaint related to an 
                        alleged violation of title VI of the Civil 
                        Rights Act of 1964 (42 U.S.C. 2000d et seq.) to 
                        the Office for Civil Rights of the Department 
                        of Education, including the hyperlink to the 
                        electronic complaint form of the Office for 
                        Civil Rights for an alleged violation of such 
                        title VI; and
                  ``(C) with respect to public awareness campaign 
                materials created and distributed by the Office for 
                Civil Rights of the Department relating to protections 
                for individuals under title VI of the Civil Rights Act 
                of 1964 (42 U.S.C. 2000d et seq.), display and publish 
                such materials, as applicable--
                          ``(i) not later than 30 days after such 
                        materials are distributed;
                          ``(ii) for not less than 1 year or until new 
                        such materials are distributed, whichever is 
                        later;
                          ``(iii) in high traffic, public places on the 
                        campus of the institution; and
                          ``(iv) on publicly available websites of the 
                        institution.
          ``(2) Enforcement.--An institution of higher education that 
        fails to comply with any provision of subsection (a)(30) for 
        two consecutive award years shall be ineligible to participate 
        in the programs authorized by this title for a period of not 
        less than two years. To regain eligibility to participate in 
        the programs authorized by this title, an institution of higher 
        education shall demonstrate compliance with paragraph (1) prior 
        to the completion of the period during which the institution is 
        ineligible due to failure to comply with such paragraph.''.
  (b) Effective Date.--The amendments made by subsection (a) shall take 
effect on the first day of the first award year beginning after the 
date of enactment of this Act.

SEC. 3. OFFICE FOR CIVIL RIGHTS REQUIREMENTS.

  (a) Congressional Briefings.--
          (1) In general.--Beginning not later than 30 days after the 
        date of the enactment of this Act and ending 2 years after such 
        date of enactment, the Assistant Secretary for Civil Rights of 
        the Department of Education shall give a monthly briefing to 
        the Committee on Education and the Workforce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate regarding discrimination on the 
        basis of race, color, or national origin in violation of title 
        VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), 
        disaggregated by the basis of discrimination, including shared 
        ancestry, that--
                  (A) explains the number of complaints alleging such 
                discrimination that the Office for Civil Rights of the 
                Department of Education (referred to in this section as 
                the ``Office'')--
                          (i) is investigating; and
                          (ii) has received in the preceding month;
                  (B) describes--
                          (i) how the Office plans to address those 
                        complaints; and
                          (ii) the investigations being carried out in 
                        response to those complaints, as applicable; 
                        and
                  (C) provides data about the length of time that those 
                complaints are pending after being received by the 
                Office.
          (2) Report.--Not later than 48 hours prior to each briefing 
        required under paragraph (1), the Assistant Secretary for Civil 
        Rights of the Department of Education shall provide a written 
        report to the Committee on Education and the Workforce of the 
        House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate that contains the 
        information that will be presented at such briefing, in a 
        manner that protects personally identifiable information in 
        accordance with applicable privacy laws.
  (b) OCR Process Reforms.--
          (1) Dismissals.--The Office shall not close or dismiss any 
        complaint regarding discrimination on the basis of race, color, 
        or national origin in violation of title VI of the Civil Rights 
        Act of 1964 (42 U.S.C. 2000d et seq.) due to the filing of a 
        complaint involving the same allegations against the same 
        recipient--
                  (A) by an individual other than the complainant with 
                another Federal, State, or local agency, a court, or 
                the recipient, unless the Office determines that--
                          (i) a court has certified a class action with 
                        respect to the alleged violation of such other 
                        individual's complaint;
                          (ii) such other individual is a member of 
                        such class; and
                          (iii) the complainant is a member of such 
                        class; or
                  (B) by the complainant with another Federal, State, 
                or local agency, a court, or the recipient.
          (2) Investigations.--The Office shall not delay an 
        investigation of a complaint due to the filing of a complaint 
        involving the same allegations against the same recipient with 
        another Federal, State, or local agency or the recipient.
          (3) Recipient defined.--For purposes of this subsection, the 
        term ``recipient'' means an institution of higher education (as 
        such term is defined in section 102 of the Higher Education Act 
        of 1965 (20 U.S.C. 1002)) that receives funds under an 
        applicable program (as such term is defined in section 400 of 
        the General Education Provisions Act (20 U.S.C. 1221)).

                                Purpose

    The purpose of H.R. 8648, the Civil Rights Protection Act 
of 2024, is to increase the transparency of colleges and 
universities in carrying out their civil rights 
responsibilities and to codify certain investigative procedures 
at the Office for Civil Rights at the U.S. Department of 
Education (OCR).

                            Committee Action


                             118TH CONGRESS

First Session--Hearings

    On November 14, 2023, the Subcommittee on Higher Education 
and Workforce Development held a hearing on ``Confronting the 
Scourge of Antisemitism on Campus.'' The purpose of the hearing 
was to discuss the proliferation of antisemitism on college 
campuses. Testifying before the Subcommittee were Rabbi Moshe 
Hauer, Executive Vice President, Orthodox Union, NY, NY; 
Kenneth L. Marcus, Esq., Founder and Chairman, Brandeis Center, 
Washington, DC; Ms. Stacy Burdett, Independent Consultant in 
Antisemitism Prevention and Response, Washington, DC; and Sahar 
Tartak, Jewish student, Yale University, New Haven, CT.
    On December 5, 2023, the Committee on Education and the 
Workforce held a hearing on ``Holding Campus Leaders 
Accountable and Confronting Antisemitism.'' The purpose of the 
hearing was to discuss the proliferation of antisemitism on 
college campuses with key college presidents. Testifying before 
the Committee were Dr. Claudine Gay, President, Harvard 
University, Boston, MA; Ms. Liz Magill, President, University 
of Pennsylvania, Philadelphia, PA; Dr. Pamela Nadell, Professor 
of History and Jewish Studies, American University, Washington, 
DC; and Dr. Sally Kornbluth, President, Massachusetts Institute 
of Technology, Boston, MA.

Second Session--Hearings

    On April 17, 2024, the Committee on Education and the 
Workforce held a hearing on ``Columbia in Crisis: Columbia 
University's Response to Antisemitism.'' The purpose of the 
hearing was to learn more about the pervasive environment of 
antisemitism on Columbia's campus. Testifying before the 
Committee were Dr. Nemat ``Minouche'' Shafik, President, 
Columbia University, New York, NY; Professor David Schizer, 
Dean Emeritus and Harvey R. Miller Professor of Law & 
Economics, Columbia Law School, New York, NY; Ms. Claire 
Shipman, Board of Trustees Co-Chair, Columbia University, New 
York, NY; and Mr. David Greenwald, Board of Trustees Co-Chair, 
Columbia University, New York, NY.
    On May 8, 2024, the Subcommittee on Early Childhood, 
Elementary, and Secondary Education held a hearing on 
``Confronting Pervasive Antisemitism In K-12 Schools.'' The 
purpose of the hearing was to discuss the proliferation of 
antisemitism in K-12 schools. Testifying before the 
Subcommittee were Mr. David Banks, Chancellor, New York City 
Public Schools, New York City Department of Education, New 
York, NY; Ms. Karla Silvestre, President, Montgomery County 
Board of Education, Montgomery County Public Schools, 
Rockville, MD; Mr. Emerson Sykes, Senior Staff Attorney, 
American Civil Liberties Union, New York, NY; and Ms. Enikia 
Ford Morthel, Superintendent, Berkeley Unified School District, 
Berkely, CA.
    On May 23, 2024, the Committee on Education and the 
Workforce held a hearing ``Calling for Accountability: Stopping 
Antisemitic College Chaos.'' The purpose of the hearing was to 
examine pervasive antisemitism and encampments on college 
campuses. Testifying before the Committee were Mr. Michael 
Schill, President of Northwestern University, Evanston, IL; Dr. 
Jonathan Holloway, President of Rutgers University, New 
Brunswick, NJ; Mr. Frederick M. Lawrence, Secretary and CEO, 
Phi Beta Kappa Society, Washington, DC; and Dr. Gene Block, 
Chancellor, University of California--Los Angeles, Los Angeles, 
CA.

Legislative Action

    On June 7, 2024, Rep. Lori Chavez-DeRemer (R-OR) introduced 
H.R. 8648, the Civil Rights Protection Act of 2024. The bill 
was referred solely to the Committee on Education and the 
Workforce. On June 13, 2024, the Committee considered H.R. 8648 
in legislative session and reported it favorably, as amended, 
to the House of Representatives by a recorded vote of 25-15. 
The Committee adopted the following amendments to H.R. 8648:
          1. Rep. Lori Chavez-DeRemer (R-OR) offered an 
        Amendment in the Nature of a Substitute (ANS) that 
        requires communications with complainants and 
        respondents to be part of the IHE's record keeping and 
        makes other technical changes. The amendment also 
        clarifies that courts certify class actions.
          2. Representative Bobby Scott (D-VA) offered an 
        amendment that would authorize $280 million annually 
        for the Office for Civil Rights for five years starting 
        in FY 2025. The amendment failed by a recorded vote of 
        16-24.
          3. Representative Kathy Manning (D-NC) offered an 
        amendment that would authorize ``such sums'' for 
        funding for fiscal years 2024 through 2028 to implement 
        the Act. The amendment failed by a recorded vote of 16-
        23.
          4. Representative Kathy Manning (D-NC) offered an 
        amendment that requires institutions to display and 
        publish public awareness materials created and 
        distributed by OCR relating to title VI of the Civil 
        Rights Act. The amendment was adopted by voice vote.

                            Committee Views


                              INTRODUCTION

    Title VI of the Civil Rights Act (title VI) prohibits 
discrimination in federal taxpayer funded programs based on 
race, color, or national origin. Administrations of both 
parties have affirmed that discrimination against religious 
groups is prohibited by title VI when that discrimination is 
based on an individual's actual or perceived shared ancestry or 
ethnic characteristics.\1\ Over the last several months, there 
has been an explosion of antisemitism on college campuses. This 
has raised questions about how institutions of higher education 
(IHEs) investigate claims of discrimination and harassment 
under Title VI and created calls for codifying certain 
investigative processes at OCR.
---------------------------------------------------------------------------
    \1\https://trumpwhitehouse.archives.gov/presidential-actions/
executive-order-combating-anti-semitism/; https://www.ed.gov/news/
press-releases/us-department-education-reminds-schools-their-legal-
obligation-address-discrimination-including-harassment.
---------------------------------------------------------------------------

Increasing Transparence at Institutions of Higher Education

    H.R. 8648 amends the program participation agreement under 
the Higher Education Act to require IHEs to be transparent 
about their procedures for investigating complaints of alleged 
violations of title VI. The bill also establishes minimum 
requirements for those procedures to ensure that institutions 
are communicating regularly and clearly with complainants and 
being transparent about decisions made over the course of an 
investigation. The bill also requires institutions to 
disseminate these procedures widely to their campuses so that 
students and other members of their communities know how to 
file a complaint and understand how complaints will be 
investigated. These changes are important because neither the 
title VI statute nor the title VI regulations provide 
significant direction to campuses regarding how allegations of 
discrimination based on race, color, or national origin should 
be investigated.

Office for Civil Rights Investigative Procedures

    H.R. 8648 also requires OCR to brief the Committee on 
Education and the Workforce and the Senate Health, Education, 
Labor, and Pensions Committee monthly for two years on the 
progress the office is making investigating title VI 
complaints. There is a significant backlog of title VI cases at 
OCR, and this provision will provide Congress an opportunity to 
hear directly from OCR about the progress being made on those 
complaints.
    The bill ensures that investigations of title VI complaints 
will continue at OCR. The bill places restrictions on OCR for 
when it can dismiss a complaint because of the existence of a 
class action in a court. This is already current policy at OCR 
under its case processing manual, but this provision will 
codify that practice in law to ensure it is followed. The bill 
also ensures that OCR will not dismiss or delay an 
investigation because a complaint involving the same 
allegations and the same institution has been made with another 
entity.

                               CONCLUSION

    H.R. 8648 will strengthen title VI compliance processes at 
colleges and universities and OCR. These are important steps 
forward as Congress seeks to stamp out the resurgence of 
antisemitism on college campuses and ensure that all students 
have equal access to educational opportunities.

                                Summary

    H.R. 8648 amends the program participation agreement under 
the Higher Education Act to require institutions of higher 
education to be transparent about their procedures for 
investigating complaints of alleged violations of Title VI, 
establishes minimum requirements for those procedures to ensure 
that institutions are communicating regularly and clearly with 
complainants and being transparent about decisions made over 
the course of an investigation, requires transparency from OCR 
with Congress about progress being made on title VI 
investigations, and ensures that investigations of title VI 
complaints at ED will continue.

                  H.R. 8648 SECTION-BY-SECTION SUMMARY

Section 1--Short title

     Names the bill the Civil Rights Protection Act of 
2024

Section 2--Compliance and transparency related to Title VI of the Civil 
        Rights Act of 1964

     The bill amends the program participation 
agreement under the Higher Education Act to require 
institutions of higher education receiving Title IV aid to:
           Have in place and widely distribute 
        investigative processes to investigate claims filed 
        with the institution under title VI.
           Include within those processes at least 
        the following minimum elements:
                  D A description of the investigative 
                processes, including how the institution 
                determines whether a complaint will be 
                investigated, and if so, how the outcome of the 
                investigation is determined.
                  D Designation of at least one employee to 
                coordinate the institution's title VI 
                compliance, including any investigations of 
                complaints alleging noncompliance.
                  D The contact information and necessary steps 
                for reporting a complaint to the institution.
                  D Timely delivery to each complainant a 
                confirmation the complaint was received; 
                notification of whether or not an investigation 
                has been opened; in the case that an 
                investigation was not opened, an explanation of 
                why the investigation was not opened; in the 
                case that an investigation is opened, 
                notification that an investigation will be 
                carried out, notification of the outcome of the 
                investigation, and notification of the remedial 
                actions taken.
           Have in place a system for keeping and 
        maintaining records of complaints and investigations 
        that result from such complaints.
           The contact information and necessary 
        steps for reporting a complaint under title VI to OCR.
           Require the Department of Education to 
        withhold title IV aid from the institution for two 
        years if the institution violates these requirements 
        for two consecutive years and requires institutions to 
        demonstrate compliance with the requirements before 
        regaining eligibility.
     The bill establishes an effective date for these 
amendments of the first day of the first award year beginning 
after the date of enactment of the bill.

Section 3--Office for Civil Rights requirements

     Beginning 30 days after enactment of the bill and 
lasting for two years, the bill requires OCR to brief the 
Congressional education committees monthly on its title VI 
investigations.
           The bill lays out information the 
        briefing must cover.
           The bill requires OCR to submit a report 
        on the information to be covered in the briefing to the 
        Committees 48 hours prior to each briefing.
     The bill prohibits OCR from dismissing title VI 
complaints filed with OCR under certain conditions.
           The bill prohibits OCR from dismissing a 
        complaint using its ``class action'' authority based on 
        a complaint filed by a second complainant unless OCR 
        determines that the second complaint is part of a class 
        action that the first complainant is part of.
           The bill prohibits OCR from dismissing a 
        complaint if a complaint involving the same allegation 
        against the same recipient is filed with another 
        federal, state, or local agency, a court, or the 
        recipient.
     The bill prohibits OCR from delaying the 
investigation of a complaint due to the filing of a complaint 
involving the same allegations against the same recipient with 
another federal, state, or local agency or the recipient.
     The bill defines ``recipient'' to mean an 
institution of higher education that receives funds from the 
Department of Education.

                       Explanation of Amendments

    The amendments, including the amendment in the nature of a 
substitute, are explained in the body of this report.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. H.R. 8648 amends the program participation agreement 
under the Higher Education Act to require institutions of 
higher education to have procedures in place to investigate 
claims filed with the institution under Title VI. H.R. 8648 is 
applicable to institutions of higher education and therefore 
does not apply to the Legislative Branch.

                       Unfunded Mandate Statement

    Pursuant to Section 423 of the Congressional Budget and 
Impoundment Control Act of 1974, Pub.L. No. 93-344 (as amended 
by Section 101(a)(2) of the Unfunded Mandates Reform Act of 
1995, Pub. L. No. 104-4), the Committee adopts as its own the 
cost estimate prepared by the Director of the Congressional 
Budget Office (CBO) pursuant to section 402 of the 
Congressional Budget and Impoundment Control Act of 1974.

                           Earmark Statement

    H.R. 8648 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of House rule XXI.

                            Roll Call Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee Report to include for 
each record vote on a motion to report the measure or matter 
and on any amendments offered to the measure or matter the 
total number of votes for and against and the names of the 
Members voting for and against.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

         Statement of General Performance Goals and Objectives

    In accordance with clause (3)(c) of House rule XIII, the 
goal of H.R. 8648, is to increase the transparency of colleges 
and universities in carrying out their civil rights 
responsibilities by requiring institutions of higher education 
receiving Title IV aid to establish and implement processes to 
investigate claims filed under Title VI of the Civil Rights Act 
of 1964.

                    Duplication of Federal Programs

    No provision of H.R. 8648 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the committee's oversight findings and recommendations are 
reflected in the body of this report.

                       Required Committee Hearing

    In compliance with clause 3(c)(6) of rule XIII the 
following hearing held during the 118th Congress was used to 
develop or consider H.R. 8648: On November 14, 2023, the 
Committee on Education and the Workforce held a hearing on 
``Confronting the Scourge of Antisemitism on Campus.''

               New Budget Authority and CBO Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following estimate for H.R. 8648 from the Director of the 
Congressional Budget Office:

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    Legislation summary: On June 13, 2024, the House Committee 
on Education and the Workforce ordered to be reported eight 
bills and one joint resolution. This document provides 
estimates for seven of those bills and the resolution.
    Generally, the legislation would:
           Repeal a rule submitted by the Department of 
        Education relating to ``Nondiscrimination on the Basis 
        of Sex in Education Programs or Activities Receiving 
        Federal Financial Assistance;''
           Allow nurse practitioners and physician 
        assistants to diagnose, treat, and certify an injury 
        and extent of disability for the purposes of federal 
        workers' compensation;
           Require elementary and secondary schools and 
        institutions of higher education to meet new 
        requirements in order to maintain eligibility for 
        funding from the Department of Education;
           Prevent student athletes from being 
        considered the employees of an institution of higher 
        education; and
           Authorize appropriations for the educational 
        activities of the United States Holocaust Memorial 
        Museum.
    Estimated Federal Cost: The estimated costs of the 
legislation fall within budget function 500 (education, 
training, employment, and social services).
    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of fiscal year 2024. 
The estimated costs do not include any interaction effects 
among the pieces of legislation. If all seven bills and the 
resolution were combined and enacted as a single piece of 
legislation, the estimated costs could be different than the 
sum of the separate estimates, although CBO expects that any 
difference would be small.
    CBO estimates that implementing H.R. 8606 would cost $8 
million over the 2024-2029 period. Implementing the remaining 
bills and the joint resolution would each cost less than 
$500,000 over the same period. Any related spending would be 
subject to the availability of appropriated funds.
    H.J. Res. 165, a joint resolution providing for 
Congressional disapproval under chapter 8 of title 5, United 
States Code, of the rule submitted by the Department of 
Education relating to ``Nondiscrimination on the Basis of Sex 
in Education Programs or Activities Receiving Federal Financial 
Assistance'': H.J. Res 165 would disapprove the rule submitted 
by the Department of Education relating to ``Nondiscrimination 
on the Basis of Sex in Education Programs or Activities 
Receiving Federal Financial Assistance,'' as published in the 
Federal Register on April 29, 2024.
    The rule amends title IX of the Education Amendments of 
1972 (title IX), which prohibits discrimination on the basis of 
sex in any education program or activity receiving federal 
financial assistance. The rule clarifies definitions related to 
sex-based discrimination and harassment and specifies the 
requirements for grievance procedures, and requirements for 
preventing sexual discrimination and remedying its effects.
    Institutions that fail to comply with title IX, as amended 
by the rule, could lose federal funding. However, CBO expects 
that institutions will comply with the regulations to avoid 
doing so. On that basis, CBO estimates that disapproving the 
rule would not affect institutions' eligibility for federal 
student aid.
    Based on the costs of similar activities, CBO estimates 
that implementing the resolution would cost less than $500,000 
over the 2024-2029 period. Any related spending would be 
subject to the availability of appropriated funds.
    H.R. 618, Improving Access to Workers' Compensation for 
Injured Federal Workers Act: H.R. 618 would allow nurse 
practitioners and physician assistants to diagnose, prescribe 
treatment, and certify an injury and the extent of disability 
for the purpose of compensating federal workers under the 
Federal Employees' Compensation Act (FECA). Using information 
from the Department of Labor, CBO expects that nonphysician 
providers would be compensated at the same rate as physicians 
and that total benefits provided to injured federal workers 
would not significantly change. Some people may receive 
treatment more quickly under the bill, which could increase 
costs over the 10-year period because some payments to medical 
providers that would have occurred in 2035 under current law 
could be paid in 2034. On the other hand, if injured workers 
receive treatment faster, some may return to work more quickly, 
which could reduce costs. CBO has no basis to estimate which 
effect would predominate, but we expect that those effects 
would roughly offset each other. Thus, CBO estimates that 
enacting H.R. 618 would affect net direct spending by an 
insignificant amount.
    The FECA payments are mandatory. The costs of those 
payments are charged to a claimant's employing agency, which 
reimburses the Department of Labor out of its salaries and 
expense accounts. Any effect on discretionary spending would be 
subject to future appropriation actions.
    H.R. 5567, CLASS Act: H.R. 5567 would require public 
elementary and secondary schools that receive funding from the 
Department of Education to disclose to the department funds 
received or contracts signed with foreign sources that are more 
than $10,000.
    CBO expects schools would comply with the new requirements; 
thus, enacting the bill would not affect their eligibility to 
receive federal funds. Based on the costs of similar 
activities, CBO estimates that implementing the bill would cost 
the Department of Education less than $500,000 over the 2024-
2029 period. Any related spending would be subject to the 
availability of appropriated funds.
    H.R. 6816, PROTECT Our Kids Act: H.R. 6816 would prohibit 
elementary and secondary schools that receive direct or 
indirect support from the government of the People's Republic 
of China (including Confucius Institutes), from receiving funds 
from the Department of Education.
    The 2018 National Defense Authorization Act prohibited 
institutions of higher education from using federal funding for 
Chinese language programs at Confucius Institutes. As a result, 
nearly all Confucius Institutes at postsecondary institutions 
have closed, according to a Government Accountability Office 
report released in 2023.\1\ On that basis, CBO expects schools 
would comply with the new requirements; thus, enacting the bill 
would not affect their eligibility to receive federal funds.
---------------------------------------------------------------------------
    \1\Government Accountability Office, China: With Nearly All U.S. 
Confucius Institutes Closed, Some Schools Sought Alternative Language 
Support, GAO-20-105981 (October 2023), www.gao.gov/products/gao-24-
105981.
---------------------------------------------------------------------------
    Based on the costs of similar activities, CBO estimates 
that implementing the bill would cost the Department of 
Education less than $500,000 over the 2024-2029 period. Any 
related spending would be subject to the availability of 
appropriated funds.
    H.R. 8534, Protecting Student Athletes' Economic Freedom 
Act: The bill would prohibit student athletes from being 
considered an employee of an institution based on the athletes' 
participation in a varsity intercollegiate athletic program or 
competition. Based on the costs of similar activities, CBO 
estimates that implementing the bill would cost the Department 
of Education less than $500,000 over the 2024-2029 period. Any 
related spending would be subject to the availability of 
appropriated funds.
    H.R. 8606, Never Again Education Reauthorization and Study 
Act of 2024: H.R. 8606 would authorize the appropriation of $2 
million each year from 2026 through 2030 for the Director of 
the United States Holocaust Memorial Museum to support 
education and training related to the lessons of the Holocaust. 
Under current law, the authorization of appropriations for 
those activities expires at the end of 2025. The bill also 
would require the Director to conduct a study on the 
educational activities being carried out at the state and local 
level. Assuming appropriation of the authorized amounts and 
using historical spending patterns for those activities, CBO 
estimates that implementing H.R. 8606 would cost $8 million 
over the 2024-2029 period and $2 million after 2029.
    H.R 8648, Civil Rights Protection Act of 2024: H.R. 8648 
would require any institution of higher education that receives 
federal student aid to make publicly available its process for 
addressing violations of title VI of the Civil Rights Act and 
any complaints received regarding alleged violations. The bill 
also would require the Assistant Secretary for Civil Rights at 
the Department of Education to give monthly briefings on 
violations specific to race, color, or national origin, and 
report the findings of institutional complaints.
    CBO expects institutions would comply with the new 
requirements; thus, enacting the bill would not affect their 
eligibility for federal student aid. Based on the costs of 
similar activities, CBO estimates that implementing the bill 
would cost the Department of Education less than $500,000 over 
the 2024-2029 period. Any related spending would be subject to 
the availability of appropriated funds.
    H.R. 8649, Transparency in Reporting Adversarial 
Contributions to Education Act: The bill would require 
elementary and secondary schools that receive funding from the 
Department of Education to disclose to parents and the public 
any contributions received from foreign countries and the terms 
or conditions of such contributions.
    CBO expects schools would comply with the new requirements; 
thus, enacting the bill would not affect their eligibility to 
receive federal funds. Based on the costs of similar 
activities, CBO estimates that implementing the bill would cost 
the Department of Education less than $500,000 over the 2024-
2029 period. Any related spending would be subject to the 
availability of appropriated funds.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. CBO estimates that enacting H.R. 618 would affect net 
direct spending by less than $500,000 over the 2024-2034 
period.
    Increase in long-term net direct spending and deficits: CBO 
estimates that enacting the joint resolution or any of the 
seven bills in this estimate would not increase net direct 
spending or deficits in any of the four consecutive 10-year 
periods beginning in 2035.
    Mandates: H.R. 8534 would impose an intergovernmental 
mandate as defined in the Unfunded Mandates Reform Act (UMRA) 
by prohibiting states from designating varsity athletes of a 
school, conference, or association as employees of that entity. 
CBO estimates that the net costs of the direct effects of the 
legislation would not result in additional expenditures or 
losses in revenue; therefore, the cost of the preemption would 
not exceed the threshold established in UMRA for 
intergovernmental mandates ($100 million in 2024, adjusted 
annually for inflation).
    The bill would not impose a private-sector mandate as 
defined in UMRA.
    Enacting the legislation may result in other secondary 
effects on private entities by denying employment-related 
benefits to varsity athletes that they may otherwise have 
qualified for as an employee. However, CBO's estimate of those 
effects is subject to uncertainty because the question of 
whether athletes affected by the bill should be recategorized 
as employees of their institutions remains unsettled as court 
rulings, administrative decisions, and changes in policies of 
the National Collegiate Athletics Association are announced. 
What effect, if any, the bill would have on private entities 
would depend on the final adjudication of the matter.
    None of the remaining pieces of legislation contained in 
this estimate would impose intergovernmental or private-sector 
mandates as defined in UMRA.
    Estimate prepared by: Federal costs: Meredith Decker 
(Department of Labor), Leah Koestner (Department of Education), 
Susanne Mehlman (United States Holocaust Memorial Museum), 
Garrett Quenneville (Department of Education); Mandates: Erich 
Dvorak, Brandon Lever, and Grace Watson.
    Estimate reviewed by: Elizabeth Cove Delisle, Chief, Income 
Security Cost Estimates Unit; Justin Humphrey, Chief, Finance, 
Housing, and Education Cost Estimates Unit; Kathleen 
FitzGerald, Chief, Public and Private Mandates Unit; H. Samuel 
Papenfuss, Deputy Director of Budget Analysis.
    Estimate approved by: Phillip L. Swagel, Director, 
Congressional Budget Office.

                        Committee Cost Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison of the 
costs that would be incurred in carrying out H.R. 8648. 
However, clause 3(d)(2)(B) of that rule provides that this 
requirement does not apply when, as with the present report, 
the Committee adopts as its own the cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 402 of the Congressional Budget Act.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      HIGHER EDUCATION ACT OF 1965



           *       *       *       *       *       *       *
TITLE IV--STUDENT ASSISTANCE

           *       *       *       *       *       *       *


Part G--General Provisions Relating to Student Assistance Programs

           *       *       *       *       *       *       *


SEC. 487. PROGRAM PARTICIPATION AGREEMENTS.

  (a) Required for Programs of Assistance; Contents.--In order 
to be an eligible institution for the purposes of any program 
authorized under this title, an institution must be an 
institution of higher education or an eligible institution (as 
that term is defined for the purpose of that program) and 
shall, except with respect to a program under subpart 4 of part 
A, enter into a program participation agreement with the 
Secretary. The agreement shall condition the initial and 
continuing eligibility of an institution to participate in a 
program upon compliance with the following requirements:
          (1) The institution will use funds received by it for 
        any program under this title and any interest or other 
        earnings thereon solely for the purpose specified in 
        and in accordance with the provision of that program.
          (2) The institution shall not charge any student a 
        fee for processing or handling any application, form, 
        or data required to determine the student's eligibility 
        for assistance under this title or the amount of such 
        assistance.
          (3) The institution will establish and maintain such 
        administrative and fiscal procedures and records as may 
        be necessary to ensure proper and efficient 
        administration of funds received from the Secretary or 
        from students under this title, together with 
        assurances that the institution will provide, upon 
        request and in a timely fashion, information relating 
        to the administrative capability and financial 
        responsibility of the institution to--
                  (A) the Secretary;
                  (B) the appropriate guaranty agency; and
                  (C) the appropriate accrediting agency or 
                association.
          (4) The institution will comply with the provisions 
        of subsection (c) of this section and the regulations 
        prescribed under that subsection, relating to fiscal 
        eligibility.
          (5) The institution will submit reports to the 
        Secretary and, in the case of an institution 
        participating in a program under part B or part E, to 
        holders of loans made to the institution's students 
        under such parts at such times and containing such 
        information as the Secretary may reasonably require to 
        carry out the purpose of this title.
          (6) The institution will not provide any student with 
        any statement or certification to any lender under part 
        B that qualifies the student for a loan or loans in 
        excess of the amount that student is eligible to borrow 
        in accordance with sections 425(a), 428(a)(2), and 
        428(b)(1) (A) and (B).
          (7) The institution will comply with the requirements 
        of section 485.
          (8) In the case of an institution that advertises job 
        placement rates as a means of attracting students to 
        enroll in the institution, the institution will make 
        available to prospective students, at or before the 
        time of application (A) the most recent available data 
        concerning employment statistics, graduation 
        statistics, and any other information necessary to 
        substantiate the truthfulness of the advertisements, 
        and (B) relevant State licensing requirements of the 
        State in which such institution is located for any job 
        for which the course of instruction is designed to 
        prepare such prospective students.
          (9) In the case of an institution participating in a 
        program under part B or D, the institution will inform 
        all eligible borrowers enrolled in the institution 
        about the availability and eligibility of such 
        borrowers for State grant assistance from the State in 
        which the institution is located, and will inform such 
        borrowers from another State of the source for further 
        information concerning such assistance from that State.
          (10) The institution certifies that it has in 
        operation a drug abuse prevention program that is 
        determined by the institution to be accessible to any 
        officer, employee, or student at the institution.
          (11) In the case of any institution whose students 
        receive financial assistance pursuant to section 
        484(d), the institution will make available to such 
        students a program proven successful in assisting 
        students in obtaining a certificate of high school 
        equivalency.
          (12) The institution certifies that--
                  (A) the institution has established a campus 
                security policy; and
                  (B) the institution has complied with the 
                disclosure requirements of section 485(f).
          (13) The institution will not deny any form of 
        Federal financial aid to any student who meets the 
        eligibility requirements of this title on the grounds 
        that the student is participating in a program of study 
        abroad approved for credit by the institution.
          (14)(A) The institution, in order to participate as 
        an eligible institution under part B or D, will develop 
        a Default Management Plan for approval by the Secretary 
        as part of its initial application for certification as 
        an eligible institution and will implement such Plan 
        for two years thereafter.
          (B) Any institution of higher education which changes 
        ownership and any eligible institution which changes 
        its status as a parent or subordinate institution 
        shall, in order to participate as an eligible 
        institution under part B or D, develop a Default 
        Management Plan for approval by the Secretary and 
        implement such Plan for two years after its change of 
        ownership or status.
          (C) This paragraph shall not apply in the case of an 
        institution in which (i) neither the parent nor the 
        subordinate institution has a cohort default rate in 
        excess of 10 percent, and (ii) the new owner of such 
        parent or subordinate institution does not, and has 
        not, owned any other institution with a cohort default 
        rate in excess of 10 percent.
          (15) The institution acknowledges the authority of 
        the Secretary, guaranty agencies, lenders, accrediting 
        agencies, the Secretary of Veterans Affairs, and the 
        State agencies under subpart 1 of part H to share with 
        each other any information pertaining to the 
        institution's eligibility to participate in programs 
        under this title or any information on fraud and abuse.
          (16)(A) The institution will not knowingly employ an 
        individual in a capacity that involves the 
        administration of programs under this title, or the 
        receipt of program funds under this title, who has been 
        convicted of, or has pled nolo contendere or guilty to, 
        a crime involving the acquisition, use, or expenditure 
        of funds under this title, or has been judicially 
        determined to have committed fraud involving funds 
        under this title or contract with an institution or 
        third party servicer that has been terminated under 
        section 432 involving the acquisition, use, or 
        expenditure of funds under this title, or who has been 
        judicially determined to have committed fraud involving 
        funds under this title.
          (B) The institution will not knowingly contract with 
        or employ any individual, agency, or organization that 
        has been, or whose officers or employees have been--
                  (i) convicted of, or pled nolo contendere or 
                guilty to, a crime involving the acquisition, 
                use, or expenditure of funds under this title; 
                or
                  (ii) judicially determined to have committed 
                fraud involving funds under this title.
          (17) The institution will complete surveys conducted 
        as a part of the Integrated Postsecondary Education 
        Data System (IPEDS) or any other Federal postsecondary 
        institution data collection effort, as designated by 
        the Secretary, in a timely manner and to the 
        satisfaction of the Secretary.
          (18) The institution will meet the requirements 
        established pursuant to section 485(g).
          (19) The institution will not impose any penalty, 
        including the assessment of late fees, the denial of 
        access to classes, libraries, or other institutional 
        facilities, or the requirement that the student borrow 
        additional funds, on any student because of the 
        student's inability to meet his or her financial 
        obligations to the institution as a result of the 
        delayed disbursement of the proceeds of a loan made 
        under this title due to compliance with the provisions 
        of this title, or delays attributable to the 
        institution.
          (20) The institution will not provide any commission, 
        bonus, or other incentive payment based directly or 
        indirectly on success in securing enrollments or 
        financial aid to any persons or entities engaged in any 
        student recruiting or admission activities or in making 
        decisions regarding the award of student financial 
        assistance, except that this paragraph shall not apply 
        to the recruitment of foreign students residing in 
        foreign countries who are not eligible to receive 
        Federal student assistance.
          (21) The institution will meet the requirements 
        established by the Secretary and accrediting agencies 
        or associations, and will provide evidence to the 
        Secretary that the institution has the authority to 
        operate within a State.
          (22) The institution will comply with the refund 
        policy established pursuant to section 484B.
          (23)(A) The institution, if located in a State to 
        which section 4(b) of the National Voter Registration 
        Act of 1993 (42 U.S.C. 1973gg-2(b)) does not apply, 
        will make a good faith effort to distribute a mail 
        voter registration form, requested and received from 
        the State, to each student enrolled in a degree or 
        certificate program and physically in attendance at the 
        institution, and to make such forms widely available to 
        students at the institution.
          (B) The institution shall request the forms from the 
        State 120 days prior to the deadline for registering to 
        vote within the State. If an institution has not 
        received a sufficient quantity of forms to fulfill this 
        section from the State within 60 days prior to the 
        deadline for registering to vote in the State, the 
        institution shall not be held liable for not meeting 
        the requirements of this section during that election 
        year.
          (C) This paragraph shall apply to general and special 
        elections for Federal office, as defined in section 
        301(3) of the Federal Election Campaign Act of 1971 (2 
        U.S.C. 431(3)), and to the elections for Governor or 
        other chief executive within such State).
                  (D) The institution shall be considered in 
                compliance with the requirements of 
                subparagraph (A) for each student to whom the 
                institution electronically transmits a message 
                containing a voter registration form acceptable 
                for use in the State in which the institution 
                is located, or an Internet address where such a 
                form can be downloaded, if such information is 
                in an electronic message devoted exclusively to 
                voter registration.
          (24) In the case of a proprietary institution of 
        higher education (as defined in section 102(b)), such 
        institution will derive not less than ten percent of 
        such institution's revenues from sources other than 
        Federal funds that are disbursed or delivered to or on 
        behalf of a student to be used to attend such 
        institution (referred to in this paragraph and 
        subsection (d) as ``Federal education assistance 
        funds''), as calculated in accordance with subsection 
        (d)(1), or will be subject to the sanctions described 
        in subsection (d)(2).
          (25) In the case of an institution that participates 
        in a loan program under this title, the institution 
        will--
                  (A) develop a code of conduct with respect to 
                such loans with which the institution's 
                officers, employees, and agents shall comply, 
                that--
                          (i) prohibits a conflict of interest 
                        with the responsibilities of an 
                        officer, employee, or agent of an 
                        institution with respect to such loans; 
                        and
                          (ii) at a minimum, includes the 
                        provisions described in subsection (e);
                  (B) publish such code of conduct prominently 
                on the institution's website; and
                  (C) administer and enforce such code by, at a 
                minimum, requiring that all of the 
                institution's officers, employees, and agents 
                with responsibilities with respect to such 
                loans be annually informed of the provisions of 
                the code of conduct.
          (26) The institution will, upon written request, 
        disclose to the alleged victim of any crime of violence 
        (as that term is defined in section 16 of title 18, 
        United States Code), or a nonforcible sex offense, the 
        report on the results of any disciplinary proceeding 
        conducted by such institution against a student who is 
        the alleged perpetrator of such crime or offense with 
        respect to such crime or offense. If the alleged victim 
        of such crime or offense is deceased as a result of 
        such crime or offense, the next of kin of such victim 
        shall be treated as the alleged victim for purposes of 
        this paragraph.
          (27) In the case of an institution that has entered 
        into a preferred lender arrangement, the institution 
        will at least annually compile, maintain, and make 
        available for students attending the institution, and 
        the families of such students, a list, in print or 
        other medium, of the specific lenders for loans made, 
        insured, or guaranteed under this title or private 
        education loans that the institution recommends, 
        promotes, or endorses in accordance with such preferred 
        lender arrangement. In making such list, the 
        institution shall comply with the requirements of 
        subsection (h).
          (28)(A) The institution will, upon the request of an 
        applicant for a private education loan, provide to the 
        applicant the form required under section 128(e)(3) of 
        the Truth in Lending Act (15 U.S.C. 1638(e)(3)), and 
        the information required to complete such form, to the 
        extent the institution possesses such information.
          (B) For purposes of this paragraph, the term 
        ``private education loan'' has the meaning given such 
        term in section 140 of the Truth in Lending Act.
          (29) The institution certifies that the institution--
                  (A) has developed plans to effectively combat 
                the unauthorized distribution of copyrighted 
                material, including through the use of a 
                variety of technology-based deterrents; and
                  (B) will, to the extent practicable, offer 
                alternatives to illegal downloading or peer-to-
                peer distribution of intellectual property, as 
                determined by the institution in consultation 
                with the chief technology officer or other 
                designated officer of the institution.
          (30) The institution will comply with the provisions 
        of subsection (i) and provide to the Secretary an 
        annual attestation of such compliance.
  (b) Hearings.--(1) An institution that has received written 
notice of a final audit or program review determination and 
that desires to have such determination reviewed by the 
Secretary shall submit to the Secretary a written request for 
review not later than 45 days after receipt of notification of 
the final audit or program review determination.
  (2) The Secretary shall, upon receipt of written notice under 
paragraph (1), arrange for a hearing and notify the institution 
within 30 days of receipt of such notice the date, time, and 
place of such hearing. Such hearing shall take place not later 
than 120 days from the date upon which the Secretary notifies 
the institution.
  (c) Audits; Financial Responsibility; Enforcement of 
Standards.--(1) Notwithstanding any other provisions of this 
title, the Secretary shall prescribe such regulations as may be 
necessary to provide for--
          (A)(i) except as provided in clauses (ii) and (iii), 
        a financial audit of an eligible institution with 
        regard to the financial condition of the institution in 
        its entirety, and a compliance audit of such 
        institution with regard to any funds obtained by it 
        under this title or obtained from a student or a parent 
        who has a loan insured or guaranteed by the Secretary 
        under this title, on at least an annual basis and 
        covering the period since the most recent audit, 
        conducted by a qualified, independent organization or 
        person in accordance with standards established by the 
        Comptroller General for the audit of governmental 
        organizations, programs, and functions, and as 
        prescribed in regulations of the Secretary, the results 
        of which shall be submitted to the Secretary and shall 
        be available to cognizant guaranty agencies, eligible 
        lenders, State agencies, and the appropriate State 
        agency notifying the Secretary under subpart 1 of part 
        H, except that the Secretary may modify the 
        requirements of this clause with respect to 
        institutions of higher education that are foreign 
        institutions, and may waive such requirements with 
        respect to a foreign institution whose students receive 
        less than $500,000 in loans under this title during the 
        award year preceding the audit period;
          (ii) with regard to an eligible institution which is 
        audited under chapter 75 of title 31, United States 
        Code, deeming such audit to satisfy the requirements of 
        clause (i) for the period covered by such audit; or
          (iii) at the discretion of the Secretary, with regard 
        to an eligible institution (other than an eligible 
        institution described in section 102(a)(1)(C)) that has 
        obtained less than $200,000 in funds under this title 
        during each of the 2 award years that precede the audit 
        period and submits a letter of credit payable to the 
        Secretary equal to not less than \1/2\ of the annual 
        potential liabilities of such institution as determined 
        by the Secretary, deeming an audit conducted every 3 
        years to satisfy the requirements of clause (i), except 
        for the award year immediately preceding renewal of the 
        institution's eligibility under section 498(g);
          (B) in matters not governed by specific program 
        provisions, the establishment of reasonable standards 
        of financial responsibility and appropriate 
        institutional capability for the administration by an 
        eligible institution of a program of student financial 
        aid under this title, including any matter the 
        Secretary deems necessary to the sound administration 
        of the financial aid programs, such as the pertinent 
        actions of any owner, shareholder, or person exercising 
        control over an eligible institution;
          (C)(i) except as provided in clause (ii), a 
        compliance audit of a third party servicer (other than 
        with respect to the servicer's functions as a lender if 
        such functions are otherwise audited under this part 
        and such audits meet the requirements of this clause), 
        with regard to any contract with an eligible 
        institution, guaranty agency, or lender for 
        administering or servicing any aspect of the student 
        assistance programs under this title, at least once 
        every year and covering the period since the most 
        recent audit, conducted by a qualified, independent 
        organization or person in accordance with standards 
        established by the Comptroller General for the audit of 
        governmental organizations, programs, and functions, 
        and as prescribed in regulations of the Secretary, the 
        results of which shall be submitted to the Secretary; 
        or
          (ii) with regard to a third party servicer that is 
        audited under chapter 75 of title 31, United States 
        Code, such audit shall be deemed to satisfy the 
        requirements of clause (i) for the period covered by 
        such audit;
          (D)(i) a compliance audit of a secondary market with 
        regard to its transactions involving, and its servicing 
        and collection of, loans made under this title, at 
        least once a year and covering the period since the 
        most recent audit, conducted by a qualified, 
        independent organization or person in accordance with 
        standards established by the Comptroller General for 
        the audit of governmental organizations, programs, and 
        functions, and as prescribed in regulations of the 
        Secretary, the results of which shall be submitted to 
        the Secretary; or
          (ii) with regard to a secondary market that is 
        audited under chapter 75 of title 31, United States 
        Code, such audit shall be deemed to satisfy the 
        requirements of clause (i) for the period covered by 
        the audit;
          (E) the establishment, by each eligible institution 
        under part B responsible for furnishing to the lender 
        the statement required by section 428(a)(2)(A)(i), of 
        policies and procedures by which the latest known 
        address and enrollment status of any student who has 
        had a loan insured under this part and who has either 
        formally terminated his enrollment, or failed to re-
        enroll on at least a half-time basis, at such 
        institution, shall be furnished either to the holder 
        (or if unknown, the insurer) of the note, not later 
        than 60 days after such termination or failure to re-
        enroll;
          (F) the limitation, suspension, or termination of the 
        participation in any program under this title of an 
        eligible institution, or the imposition of a civil 
        penalty under paragraph (3)(B) whenever the Secretary 
        has determined, after reasonable notice and opportunity 
        for hearing, that such institution has violated or 
        failed to carry out any provision of this title, any 
        regulation prescribed under this title, or any 
        applicable special arrangement, agreement, or 
        limitation, except that no period of suspension under 
        this section shall exceed 60 days unless the 
        institution and the Secretary agree to an extension or 
        unless limitation or termination proceedings are 
        initiated by the Secretary within that period of time;
          (G) an emergency action against an institution, under 
        which the Secretary shall, effective on the date on 
        which a notice and statement of the basis of the action 
        is mailed to the institution (by registered mail, 
        return receipt requested), withhold funds from the 
        institution or its students and withdraw the 
        institution's authority to obligate funds under any 
        program under this title, if the Secretary--
                  (i) receives information, determined by the 
                Secretary to be reliable, that the institution 
                is violating any provision of this title, any 
                regulation prescribed under this title, or any 
                applicable special arrangement, agreement, or 
                limitation,
                  (ii) determines that immediate action is 
                necessary to prevent misuse of Federal funds, 
                and
                  (iii) determines that the likelihood of loss 
                outweighs the importance of the procedures 
                prescribed under subparagraph (D) for 
                limitation, suspension, or termination,
        except that an emergency action shall not exceed 30 
        days unless limitation, suspension, or termination 
        proceedings are initiated by the Secretary against the 
        institution within that period of time, and except that 
        the Secretary shall provide the institution an 
        opportunity to show cause, if it so requests, that the 
        emergency action is unwarranted;
          (H) the limitation, suspension, or termination of the 
        eligibility of a third party servicer to contract with 
        any institution to administer any aspect of an 
        institution's student assistance program under this 
        title, or the imposition of a civil penalty under 
        paragraph (3)(B), whenever the Secretary has 
        determined, after reasonable notice and opportunity for 
        a hearing, that such organization, acting on behalf of 
        an institution, has violated or failed to carry out any 
        provision of this title, any regulation prescribed 
        under this title, or any applicable special 
        arrangement, agreement, or limitation, except that no 
        period of suspension under this subparagraph shall 
        exceed 60 days unless the organization and the 
        Secretary agree to an extension, or unless limitation 
        or termination proceedings are initiated by the 
        Secretary against the individual or organization within 
        that period of time; and
          (I) an emergency action against a third party 
        servicer that has contracted with an institution to 
        administer any aspect of the institution's student 
        assistance program under this title, under which the 
        Secretary shall, effective on the date on which a 
        notice and statement of the basis of the action is 
        mailed to such individual or organization (by 
        registered mail, return receipt requested), withhold 
        funds from the individual or organization and withdraw 
        the individual or organization's authority to act on 
        behalf of an institution under any program under this 
        title, if the Secretary--
                  (i) receives information, determined by the 
                Secretary to be reliable, that the individual 
                or organization, acting on behalf of an 
                institution, is violating any provision of this 
                title, any regulation prescribed under this 
                title, or any applicable special arrangement, 
                agreement, or limitation,
                  (ii) determines that immediate action is 
                necessary to prevent misuse of Federal funds, 
                and
                  (iii) determines that the likelihood of loss 
                outweighs the importance of the procedures 
                prescribed under subparagraph (F), for 
                limitation, suspension, or termination,
        except that an emergency action shall not exceed 30 
        days unless the limitation, suspension, or termination 
        proceedings are initiated by the Secretary against the 
        individual or organization within that period of time, 
        and except that the Secretary shall provide the 
        individual or organization an opportunity to show 
        cause, if it so requests, that the emergency action is 
        unwarranted.
  (2) If an individual who, or entity that, exercises 
substantial control, as determined by the Secretary in 
accordance with the definition of substantial control in 
subpart 3 of part H, over one or more institutions 
participating in any program under this title, or, for purposes 
of paragraphs (1) (H) and (I), over one or more organizations 
that contract with an institution to administer any aspect of 
the institution's student assistance program under this title, 
is determined to have committed one or more violations of the 
requirements of any program under this title, or has been 
suspended or debarred in accordance with the regulations of the 
Secretary, the Secretary may use such determination, 
suspension, or debarment as the basis for imposing an emergency 
action on, or limiting, suspending, or terminating, in a single 
proceeding, the participation of any or all institutions under 
the substantial control of that individual or entity.
  (3)(A) Upon determination, after reasonable notice and 
opportunity for a hearing, that an eligible institution has 
engaged in substantial misrepresentation of the nature of its 
educational program, its financial charges, or the 
employability of its graduates, the Secretary may suspend or 
terminate the eligibility status for any or all programs under 
this title of any otherwise eligible institution, in accordance 
with procedures specified in paragraph (1)(D) of this 
subsection, until the Secretary finds that such practices have 
been corrected.
  (B)(i) Upon determination, after reasonable notice and 
opportunity for a hearing, that an eligible institution--
          (I) has violated or failed to carry out any provision 
        of this title or any regulation prescribed under this 
        title; or
          (II) has engaged in substantial misrepresentation of 
        the nature of its educational program, its financial 
        charges, and the employability of its graduates,
the Secretary may impose a civil penalty upon such institution 
of not to exceed $25,000 for each violation or 
misrepresentation.
  (ii) Any civil penalty may be compromised by the Secretary. 
In determining the amount of such penalty, or the amount agreed 
upon in compromise, the appropriateness of the penalty to the 
size of the institution of higher education subject to the 
determination, and the gravity of the violation, failure, or 
misrepresentation shall be considered. The amount of such 
penalty, when finally determined, or the amount agreed upon in 
compromise, may be deducted from any sums owing by the United 
States to the institution charged.
  (4) The Secretary shall publish a list of State agencies 
which the Secretary determines to be reliable authority as to 
the quality of public postsecondary vocational education in 
their respective States for the purpose of determining 
eligibility for all Federal student assistance programs.
  (5) The Secretary shall make readily available to appropriate 
guaranty agencies, eligible lenders, State agencies notifying 
the Secretary under subpart 1 of part H, and accrediting 
agencies or associations the results of the audits of eligible 
institutions conducted pursuant to paragraph (1)(A).
  (6) The Secretary is authorized to provide any information 
collected as a result of audits conducted under this section, 
together with audit information collected by guaranty agencies, 
to any Federal or State agency having responsibilities with 
respect to student financial assistance, including those 
referred to in subsection (a)(15) of this section.
  (7) Effective with respect to any audit conducted under this 
subsection after December 31, 1988, if, in the course of 
conducting any such audit, the personnel of the Department of 
Education discover, or are informed of, grants or other 
assistance provided by an institution in accordance with this 
title for which the institution has not received funds 
appropriated under this title (in the amount necessary to 
provide such assistance), including funds for which 
reimbursement was not requested prior to such discovery or 
information, such institution shall be permitted to offset that 
amount against any sums determined to be owed by the 
institution pursuant to such audit, or to receive reimbursement 
for that amount (if the institution does not owe any such 
sums).
  (d) Implementation of Non-Federal Revenue Requirement.--
          (1) Calculation.--In making calculations under 
        subsection (a)(24), a proprietary institution of higher 
        education shall--
                  (A) use the cash basis of accounting, except 
                in the case of loans described in subparagraph 
                (D)(i) that are made by the proprietary 
                institution of higher education;
                  (B) consider as revenue only those funds 
                generated by the institution from--
                          (i) tuition, fees, and other 
                        institutional charges for students 
                        enrolled in programs eligible for 
                        assistance under this title;
                          (ii) activities conducted by the 
                        institution that are necessary for the 
                        education and training of the 
                        institution's students, if such 
                        activities are--
                                  (I) conducted on campus or at 
                                a facility under the control of 
                                the institution;
                                  (II) performed under the 
                                supervision of a member of the 
                                institution's faculty; and
                                  (III) required to be 
                                performed by all students in a 
                                specific educational program at 
                                the institution; and
                          (iii) funds paid by a student, or on 
                        behalf of a student by a party other 
                        than the institution, for an education 
                        or training program that is not 
                        eligible for funds under this title, if 
                        the program--
                                  (I) is approved or licensed 
                                by the appropriate State 
                                agency;
                                  (II) is accredited by an 
                                accrediting agency recognized 
                                by the Secretary; or
                                  (III) provides an industry-
                                recognized credential or 
                                certification;
                  (C) presume that any Federal education 
                assistance funds that are disbursed or 
                delivered to or on behalf of a student will be 
                used to pay the student's tuition, fees, or 
                other institutional charges, regardless of 
                whether the institution credits those funds to 
                the student's account or pays those funds 
                directly to the student, except to the extent 
                that the student's tuition, fees, or other 
                institutional charges are satisfied by--
                          (i) grant funds provided by non-
                        Federal public agencies or private 
                        sources independent of the institution;
                          (ii) funds provided under a 
                        contractual arrangement with a Federal, 
                        State, or local government agency for 
                        the purpose of providing job training 
                        to low-income individuals who are in 
                        need of that training;
                          (iii) funds used by a student from 
                        savings plans for educational expenses 
                        established by or on behalf of the 
                        student and which qualify for special 
                        tax treatment under the Internal 
                        Revenue Code of 1986; or
                          (iv) institutional scholarships 
                        described in subparagraph (D)(iii);
                  (D) include institutional aid as revenue to 
                the school only as follows:
                          (i) in the case of loans made by a 
                        proprietary institution of higher 
                        education on or after July 1, 2008 and 
                        prior to July 1, 2012, the net present 
                        value of such loans made by the 
                        institution during the applicable 
                        institutional fiscal year accounted for 
                        on an accrual basis and estimated in 
                        accordance with generally accepted 
                        accounting principles and related 
                        standards and guidance, if the loans--
                                  (I) are bona fide as 
                                evidenced by enforceable 
                                promissory notes;
                                  (II) are issued at intervals 
                                related to the institution's 
                                enrollment periods; and
                                  (III) are subject to regular 
                                loan repayments and 
                                collections;
                          (ii) in the case of loans made by a 
                        proprietary institution of higher 
                        education on or after July 1, 2012, 
                        only the amount of loan repayments 
                        received during the applicable 
                        institutional fiscal year, excluding 
                        repayments on loans made and accounted 
                        for as specified in clause (i); and
                          (iii) in the case of scholarships 
                        provided by a proprietary institution 
                        of higher education, only those 
                        scholarships provided by the 
                        institution in the form of monetary aid 
                        or tuition discounts based upon the 
                        academic achievements or financial need 
                        of students, disbursed during each 
                        fiscal year from an established 
                        restricted account, and only to the 
                        extent that funds in that account 
                        represent designated funds from an 
                        outside source or from income earned on 
                        those funds;
                  (E) in the case of each student who receives 
                a loan on or after July 1, 2008, and prior to 
                July 1, 2011, that is authorized under section 
                428H or that is a Federal Direct Unsubsidized 
                Stafford Loan, treat as revenue received by the 
                institution from sources other than funds 
                received under this title, the amount by which 
                the disbursement of such loan received by the 
                institution exceeds the limit on such loan in 
                effect on the day before the date of enactment 
                of the Ensuring Continued Access to Student 
                Loans Act of 2008; and
                  (F) exclude from revenues--
                          (i) the amount of funds the 
                        institution received under part C, 
                        unless the institution used those funds 
                        to pay a student's institutional 
                        charges;
                          (ii) the amount of funds the 
                        institution received under subpart 4 of 
                        part A;
                          (iii) the amount of funds provided by 
                        the institution as matching funds for a 
                        program under this title;
                          (iv) the amount of funds provided by 
                        the institution for a program under 
                        this title that are required to be 
                        refunded or returned; and
                          (v) the amount charged for books, 
                        supplies, and equipment, unless the 
                        institution includes that amount as 
                        tuition, fees, or other institutional 
                        charges.
          (2) Sanctions.--
                  (A) Ineligibility.--A proprietary institution 
                of higher education that fails to meet a 
                requirement of subsection (a)(24) for two 
                consecutive institutional fiscal years shall be 
                ineligible to participate in the programs 
                authorized by this title for a period of not 
                less than two institutional fiscal years. To 
                regain eligibility to participate in the 
                programs authorized by this title, a 
                proprietary institution of higher education 
                shall demonstrate compliance with all 
                eligibility and certification requirements 
                under section 498 for a minimum of two 
                institutional fiscal years after the 
                institutional fiscal year in which the 
                institution became ineligible.
                  (B) Additional enforcement.--In addition to 
                such other means of enforcing the requirements 
                of this title as may be available to the 
                Secretary, if a proprietary institution of 
                higher education fails to meet a requirement of 
                subsection (a)(24) for any institutional fiscal 
                year, then the institution's eligibility to 
                participate in the programs authorized by this 
                title becomes provisional for the two 
                institutional fiscal years after the 
                institutional fiscal year in which the 
                institution failed to meet the requirement of 
                subsection (a)(24), except that such 
                provisional eligibility shall terminate--
                          (i) on the expiration date of the 
                        institution's program participation 
                        agreement under this subsection that is 
                        in effect on the date the Secretary 
                        determines that the institution failed 
                        to meet the requirement of subsection 
                        (a)(24); or
                          (ii) in the case that the Secretary 
                        determines that the institution failed 
                        to meet a requirement of subsection 
                        (a)(24) for two consecutive 
                        institutional fiscal years, on the date 
                        the institution is determined 
                        ineligible in accordance with 
                        subparagraph (A).
          (3) Publication on college navigator website.--The 
        Secretary shall publicly disclose on the College 
        Navigator website--
                  (A) the identity of any proprietary 
                institution of higher education that fails to 
                meet a requirement of subsection (a)(24); and
                  (B) the extent to which the institution 
                failed to meet such requirement.
          (4) Report to congress.--Not later than July 1, 2009, 
        and July 1 of each succeeding year, the Secretary shall 
        submit to the authorizing committees a report that 
        contains, for each proprietary institution of higher 
        education that receives assistance under this title, as 
        provided in the audited financial statements submitted 
        to the Secretary by each institution pursuant to the 
        requirements of subsection (a)(24)--
                  (A) the amount and percentage of such 
                institution's revenues received from sources 
                under this title; and
                  (B) the amount and percentage of such 
                institution's revenues received from other 
                sources.
  (e) Code of Conduct Requirements.--An institution of higher 
education's code of conduct, as required under subsection 
(a)(25), shall include the following requirements:
          (1) Ban on revenue-sharing arrangements.--
                  (A) Prohibition.--The institution shall not 
                enter into any revenue-sharing arrangement with 
                any lender.
                  (B) Definition.--For purposes of this 
                paragraph, the term ``revenue-sharing 
                arrangement'' means an arrangement between an 
                institution and a lender under which--
                          (i) a lender provides or issues a 
                        loan that is made, insured, or 
                        guaranteed under this title to students 
                        attending the institution or to the 
                        families of such students; and
                          (ii) the institution recommends the 
                        lender or the loan products of the 
                        lender and in exchange, the lender pays 
                        a fee or provides other material 
                        benefits, including revenue or profit 
                        sharing, to the institution, an officer 
                        or employee of the institution, or an 
                        agent.
          (2) Gift ban.--
                  (A) Prohibition.--No officer or employee of 
                the institution who is employed in the 
                financial aid office of the institution or who 
                otherwise has responsibilities with respect to 
                education loans, or agent who has 
                responsibilities with respect to education 
                loans, shall solicit or accept any gift from a 
                lender, guarantor, or servicer of education 
                loans.
                  (B) Definition of gift.--
                          (i) In general.--In this paragraph, 
                        the term ``gift'' means any gratuity, 
                        favor, discount, entertainment, 
                        hospitality, loan, or other item having 
                        a monetary value of more than a de 
                        minimus amount. The term includes a 
                        gift of services, transportation, 
                        lodging, or meals, whether provided in 
                        kind, by purchase of a ticket, payment 
                        in advance, or reimbursement after the 
                        expense has been incurred.
                          (ii) Exceptions.--The term ``gift'' 
                        shall not include any of the following:
                                  (I) Standard material, 
                                activities, or programs on 
                                issues related to a loan, 
                                default aversion, default 
                                prevention, or financial 
                                literacy, such as a brochure, a 
                                workshop, or training.
                                  (II) Food, refreshments, 
                                training, or informational 
                                material furnished to an 
                                officer or employee of an 
                                institution, or to an agent, as 
                                an integral part of a training 
                                session that is designed to 
                                improve the service of a 
                                lender, guarantor, or servicer 
                                of education loans to the 
                                institution, if such training 
                                contributes to the professional 
                                development of the officer, 
                                employee, or agent.
                                  (III) Favorable terms, 
                                conditions, and borrower 
                                benefits on an education loan 
                                provided to a student employed 
                                by the institution if such 
                                terms, conditions, or benefits 
                                are comparable to those 
                                provided to all students of the 
                                institution.
                                  (IV) Entrance and exit 
                                counseling services provided to 
                                borrowers to meet the 
                                institution's responsibilities 
                                for entrance and exit 
                                counseling as required by 
                                subsections (b) and (l) of 
                                section 485, as long as--
                                          (aa) the 
                                        institution's staff are 
                                        in control of the 
                                        counseling, (whether in 
                                        person or via 
                                        electronic 
                                        capabilities); and
                                          (bb) such counseling 
                                        does not promote the 
                                        products or services of 
                                        any specific lender.
                                  (V) Philanthropic 
                                contributions to an institution 
                                from a lender, servicer, or 
                                guarantor of education loans 
                                that are unrelated to education 
                                loans or any contribution from 
                                any lender, guarantor, or 
                                servicer that is not made in 
                                exchange for any advantage 
                                related to education loans.
                                  (VI) State education grants, 
                                scholarships, or financial aid 
                                funds administered by or on 
                                behalf of a State.
                          (iii) Rule for gifts to family 
                        members.--For purposes of this 
                        paragraph, a gift to a family member of 
                        an officer or employee of an 
                        institution, to a family member of an 
                        agent, or to any other individual based 
                        on that individual's relationship with 
                        the officer, employee, or agent, shall 
                        be considered a gift to the officer, 
                        employee, or agent if--
                                  (I) the gift is given with 
                                the knowledge and acquiescence 
                                of the officer, employee, or 
                                agent; and
                                  (II) the officer, employee, 
                                or agent has reason to believe 
                                the gift was given because of 
                                the official position of the 
                                officer, employee, or agent.
          (3) Contracting arrangements prohibited.--
                  (A) Prohibition.--An officer or employee who 
                is employed in the financial aid office of the 
                institution or who otherwise has 
                responsibilities with respect to education 
                loans, or an agent who has responsibilities 
                with respect to education loans, shall not 
                accept from any lender or affiliate of any 
                lender any fee, payment, or other financial 
                benefit (including the opportunity to purchase 
                stock) as compensation for any type of 
                consulting arrangement or other contract to 
                provide services to a lender or on behalf of a 
                lender relating to education loans.
                  (B) Exceptions.--Nothing in this subsection 
                shall be construed as prohibiting--
                          (i) an officer or employee of an 
                        institution who is not employed in the 
                        institution's financial aid office and 
                        who does not otherwise have 
                        responsibilities with respect to 
                        education loans, or an agent who does 
                        not have responsibilities with respect 
                        to education loans, from performing 
                        paid or unpaid service on a board of 
                        directors of a lender, guarantor, or 
                        servicer of education loans;
                          (ii) an officer or employee of the 
                        institution who is not employed in the 
                        institution's financial aid office but 
                        who has responsibility with respect to 
                        education loans as a result of a 
                        position held at the institution, or an 
                        agent who has responsibility with 
                        respect to education loans, from 
                        performing paid or unpaid service on a 
                        board of directors of a lender, 
                        guarantor, or servicer of education 
                        loans, if the institution has a written 
                        conflict of interest policy that 
                        clearly sets forth that officers, 
                        employees, or agents must recuse 
                        themselves from participating in any 
                        decision of the board regarding 
                        education loans at the institution; or
                          (iii) an officer, employee, or 
                        contractor of a lender, guarantor, or 
                        servicer of education loans from 
                        serving on a board of directors, or 
                        serving as a trustee, of an 
                        institution, if the institution has a 
                        written conflict of interest policy 
                        that the board member or trustee must 
                        recuse themselves from any decision 
                        regarding education loans at the 
                        institution.
          (4) Interaction with borrowers.--The institution 
        shall not--
                  (A) for any first-time borrower, assign, 
                through award packaging or other methods, the 
                borrower's loan to a particular lender; or
                  (B) refuse to certify, or delay certification 
                of, any loan based on the borrower's selection 
                of a particular lender or guaranty agency.
          (5) Prohibition on offers of funds for private 
        loans.--
                  (A) Prohibition.--The institution shall not 
                request or accept from any lender any offer of 
                funds to be used for private education loans 
                (as defined in section 140 of the Truth in 
                Lending Act), including funds for an 
                opportunity pool loan, to students in exchange 
                for the institution providing concessions or 
                promises regarding providing the lender with--
                          (i) a specified number of loans made, 
                        insured, or guaranteed under this 
                        title;
                          (ii) a specified loan volume of such 
                        loans; or
                          (iii) a preferred lender arrangement 
                        for such loans.
                  (B) Definition of opportunity pool loan.--In 
                this paragraph, the term ``opportunity pool 
                loan'' means a private education loan made by a 
                lender to a student attending the institution 
                or the family member of such a student that 
                involves a payment, directly or indirectly, by 
                such institution of points, premiums, 
                additional interest, or financial support to 
                such lender for the purpose of such lender 
                extending credit to the student or the family.
          (6) Ban on staffing assistance.--
                  (A) Prohibition.--The institution shall not 
                request or accept from any lender any 
                assistance with call center staffing or 
                financial aid office staffing.
                  (B) Certain assistance permitted.--Nothing in 
                paragraph (1) shall be construed to prohibit 
                the institution from requesting or accepting 
                assistance from a lender related to--
                          (i) professional development training 
                        for financial aid administrators;
                          (ii) providing educational counseling 
                        materials, financial literacy 
                        materials, or debt management materials 
                        to borrowers, provided that such 
                        materials disclose to borrowers the 
                        identification of any lender that 
                        assisted in preparing or providing such 
                        materials; or
                          (iii) staffing services on a short-
                        term, nonrecurring basis to assist the 
                        institution with financial aid-related 
                        functions during emergencies, including 
                        State-declared or federally declared 
                        natural disasters, federally declared 
                        national disasters, and other localized 
                        disasters and emergencies identified by 
                        the Secretary.
          (7) Advisory board compensation.--Any employee who is 
        employed in the financial aid office of the 
        institution, or who otherwise has responsibilities with 
        respect to education loans or other student financial 
        aid of the institution, and who serves on an advisory 
        board, commission, or group established by a lender, 
        guarantor, or group of lenders or guarantors, shall be 
        prohibited from receiving anything of value from the 
        lender, guarantor, or group of lenders or guarantors, 
        except that the employee may be reimbursed for 
        reasonable expenses incurred in serving on such 
        advisory board, commission, or group.
  (f) Institutional Requirements for Teach-Outs.--
          (1) In general.--In the event the Secretary initiates 
        the limitation, suspension, or termination of the 
        participation of an institution of higher education in 
        any program under this title under the authority of 
        subsection (c)(1)(F) or initiates an emergency action 
        under the authority of subsection (c)(1)(G) and its 
        prescribed regulations, the Secretary shall require 
        that institution to prepare a teach-out plan for 
        submission to the institution's accrediting agency or 
        association in compliance with section 496(c)(3), the 
        Secretary's regulations on teach-out plans, and the 
        standards of the institution's accrediting agency or 
        association.
          (2) Teach-out plan defined.--In this subsection, the 
        term ``teach-out plan'' means a written plan that 
        provides for the equitable treatment of students if an 
        institution of higher education ceases to operate 
        before all students have completed their program of 
        study, and may include, if required by the 
        institution's accrediting agency or association, an 
        agreement between institutions for such a teach-out 
        plan.
  (g) Inspector General Report on Gift Ban Violations.--The 
Inspector General of the Department shall--
          (1) submit an annual report to the authorizing 
        committees identifying all violations of an 
        institution's code of conduct that the Inspector 
        General has substantiated during the preceding year 
        relating to the gift ban provisions described in 
        subsection (e)(2); and
          (2) make the report available to the public through 
        the Department's website.
  (h) Preferred Lender List Requirements.--
          (1) In general.--In compiling, maintaining, and 
        making available a preferred lender list as required 
        under subsection (a)(27), the institution will--
                  (A) clearly and fully disclose on such 
                preferred lender list--
                          (i) not less than the information 
                        required to be disclosed under section 
                        153(a)(2)(A);
                          (ii) why the institution has entered 
                        into a preferred lender arrangement 
                        with each lender on the preferred 
                        lender list, particularly with respect 
                        to terms and conditions or provisions 
                        favorable to the borrower; and
                          (iii) that the students attending the 
                        institution, or the families of such 
                        students, do not have to borrow from a 
                        lender on the preferred lender list;
                  (B) ensure, through the use of the list of 
                lender affiliates provided by the Secretary 
                under paragraph (2), that--
                          (i) there are not less than three 
                        lenders of loans made under part B that 
                        are not affiliates of each other 
                        included on the preferred lender list 
                        and, if the institution recommends, 
                        promotes, or endorses private education 
                        loans, there are not less than two 
                        lenders of private education loans that 
                        are not affiliates of each other 
                        included on the preferred lender list; 
                        and
                          (ii) the preferred lender list under 
                        this paragraph--
                                  (I) specifically indicates, 
                                for each listed lender, whether 
                                the lender is or is not an 
                                affiliate of each other lender 
                                on the preferred lender list; 
                                and
                                  (II) if a lender is an 
                                affiliate of another lender on 
                                the preferred lender list, 
                                describes the details of such 
                                affiliation;
                  (C) prominently disclose the method and 
                criteria used by the institution in selecting 
                lenders with which to enter into preferred 
                lender arrangements to ensure that such lenders 
                are selected on the basis of the best interests 
                of the borrowers, including--
                          (i) payment of origination or other 
                        fees on behalf of the borrower;
                          (ii) highly competitive interest 
                        rates, or other terms and conditions or 
                        provisions of loans under this title or 
                        private education loans;
                          (iii) high-quality servicing for such 
                        loans; or
                          (iv) additional benefits beyond the 
                        standard terms and conditions or 
                        provisions for such loans;
                  (D) exercise a duty of care and a duty of 
                loyalty to compile the preferred lender list 
                under this paragraph without prejudice and for 
                the sole benefit of the students attending the 
                institution, or the families of such students;
                  (E) not deny or otherwise impede the 
                borrower's choice of a lender or cause 
                unnecessary delay in loan certification under 
                this title for those borrowers who choose a 
                lender that is not included on the preferred 
                lender list; and
                  (F) comply with such other requirements as 
                the Secretary may prescribe by regulation.
          (2) Lender affiliates list.--
                  (A) In general.--The Secretary shall maintain 
                and regularly update a list of lender 
                affiliates of all eligible lenders, and shall 
                provide such list to institutions for use in 
                carrying out paragraph (1)(B).
                  (B) Use of most recent list.--An institution 
                shall use the most recent list of lender 
                affiliates provided by the Secretary under 
                subparagraph (A) in carrying out paragraph 
                (1)(B).
  (i) Compliance and Transparency Related to Complaints Under 
Title VI of the Civil Rights Act of 1964.--
          (1) Compliance and transparency.--With respect to 
        complaints received by an institution related to 
        alleged violations of title VI of the Civil Rights Act 
        of 1964 (42 U.S.C. 2000d et seq.), the institution 
        will--
                  (A) have in effect, make publicly available 
                (including on the website of the institution), 
                and widely distribute to students and their 
                families (including in student orientation 
                materials) a description of the investigative 
                processes of the institution related to such 
                complaints;
                  (B) include in the description of 
                investigative processes described in 
                subparagraph (A) at least the following:
                          (i) The processes and factors used to 
                        determine whether such a complaint will 
                        be investigated and how the outcome of 
                        an investigation will be determined.
                          (ii) A designation of at least one 
                        employee to coordinate its efforts to 
                        comply with title VI of the Civil 
                        Rights Act of 1964 (42 U.S.C. 2000d et 
                        seq.), including any investigation of 
                        any complaint alleging the 
                        noncompliance of the institution with 
                        requirements under the Act.
                          (iii) The contact information and 
                        necessary steps for reporting such a 
                        complaint to the institution.
                          (iv) A procedure to ensure that, for 
                        each such complaint received by the 
                        institution, the complainant will 
                        receive from the institution timely 
                        notification of each of the following:
                                  (I) Confirmation of receipt 
                                of the complaint.
                                  (II) Notification of whether 
                                or not an investigation has 
                                been opened in response to the 
                                complaint.
                                  (III) In the case that an 
                                investigation was not opened in 
                                response to the complaint, an 
                                explanation of why an 
                                investigation was not opened 
                                including a summary of the 
                                information that was used to 
                                determine that an investigation 
                                should not be opened.
                                  (IV) In the case that an 
                                investigation was opened--
                                          (aa) notification 
                                        that an investigation 
                                        of the complaint will 
                                        be carried out, and 
                                        that the complainant 
                                        will be notified of the 
                                        outcome of the 
                                        investigation; and
                                          (bb) notification of 
                                        the outcome of the 
                                        investigation, 
                                        including an 
                                        explanation of how the 
                                        outcome was reached, 
                                        and any remedial 
                                        actions taken in 
                                        response to the 
                                        complaint.
                          (v) A system for keeping and 
                        maintaining records of such complaints, 
                        including the determination and 
                        reasoning for whether or not an 
                        investigation into a complaint was 
                        opened, notifications to and 
                        communications with the complainant 
                        and, if applicable, the respondent, a 
                        record of the investigation (including 
                        the outcome thereof), and a record of 
                        any remedial actions taken in response 
                        to the complaint.
                          (vi) The contact information and 
                        necessary steps for reporting a 
                        complaint related to an alleged 
                        violation of title VI of the Civil 
                        Rights Act of 1964 (42 U.S.C. 2000d et 
                        seq.) to the Office for Civil Rights of 
                        the Department of Education, including 
                        the hyperlink to the electronic 
                        complaint form of the Office for Civil 
                        Rights for an alleged violation of such 
                        title VI; and
                  (C) with respect to public awareness campaign 
                materials created and distributed by the Office 
                for Civil Rights of the Department relating to 
                protections for individuals under title VI of 
                the Civil Rights Act of 1964 (42 U.S.C. 2000d 
                et seq.), display and publish such materials, 
                as applicable--
                          (i) not later than 30 days after such 
                        materials are distributed;
                          (ii) for not less than 1 year or 
                        until new such materials are 
                        distributed, whichever is later;
                          (iii) in high traffic, public places 
                        on the campus of the institution; and
                          (iv) on publicly available websites 
                        of the institution.
          (2) Enforcement.--An institution of higher education 
        that fails to comply with any provision of subsection 
        (a)(30) for two consecutive award years shall be 
        ineligible to participate in the programs authorized by 
        this title for a period of not less than two years. To 
        regain eligibility to participate in the programs 
        authorized by this title, an institution of higher 
        education shall demonstrate compliance with paragraph 
        (1) prior to the completion of the period during which 
        the institution is ineligible due to failure to comply 
        with such paragraph.
  [(i)] (j) Definitions.--For the purpose of this section:
          (1) Agent.--The term ``agent'' has the meaning given 
        the term in section 151.
          (2) Affiliate.--The term ``affiliate'' means a person 
        that controls, is controlled by, or is under common 
        control with another person. A person controls, is 
        controlled by, or is under common control with another 
        person if--
                  (A) the person directly or indirectly, or 
                acting through one or more others, owns, 
                controls, or has the power to vote five percent 
                or more of any class of voting securities of 
                such other person;
                  (B) the person controls, in any manner, the 
                election of a majority of the directors or 
                trustees of such other person; or
                  (C) the Secretary determines (after notice 
                and opportunity for a hearing) that the person 
                directly or indirectly exercises a controlling 
                interest over the management or policies of 
                such other person's education loans.
          (3) Education loan.--The term ``education loan'' has 
        the meaning given the term in section 151.
          (4) Eligible institution.--The term ``eligible 
        institution'' means any such institution described in 
        section 102 of this Act.
          (5) Officer.--The term ``officer'' has the meaning 
        given the term in section 151.
          (6) Preferred lender arrangement.--The term 
        ``preferred lender arrangement'' has the meaning given 
        the term in section 151.
  [(j)] (k) Construction.--Nothing in the amendments made by 
the Higher Education Amendments of 1992 shall be construed to 
prohibit an institution from recording, at the cost of the 
institution, a hearing referred to in subsection (b)(2), 
subsection (c)(1)(D), or subparagraph (A) or (B)(i) of 
subsection (c)(2), of this section to create a record of the 
hearing, except the unavailability of a recording shall not 
serve to delay the completion of the proceeding. The Secretary 
shall allow the institution to use any reasonable means, 
including stenographers, of recording the hearing.

           *       *       *       *       *       *       *


                             MINORITY VIEWS

                              INTRODUCTION

    H.R. 8648, the Civil Rights Protection Act of 2024, amends 
the Higher Education Act of 1965 (HEA) to place requirements 
related to compliance with title VI of the Civil Rights Act of 
1964 (Title VI) in the Provisional Participation Agreement 
(PPA) institutions of higher education (IHEs) enter into in 
order to receive access to Federal Student Aid. The bill also 
makes changes to the process by which the U.S. Department of 
Education's (Department) Office for Civil Rights (OCR) handles 
Title VI claims. While we appreciate the spirit in which the 
bill is offered, we have concerns about specific provisions in 
the bill that may increase the backlog of cases at OCR and 
could result in inequitable outcomes between complaints based 
in Title VI and other education civil rights cases. Sadly, 
these concerns must be considered along with the Committee's 
recent Title VI ``oversight''.

                          SUMMARY OF CONCERNS

The Committee's Title VI ``Oversight'', or Lack Thereof
    By the Chair's own words, H.R. 8648 has its genesis in the 
Committee's ``ongoing effort to stamp out antisemitism.''\1\ We 
have serious concerns about how the Committee has undertaken 
this effort. These concerns are difficult to set aside when 
considering the merits of and motivations behind H.R. 8648.
---------------------------------------------------------------------------
    \1\Press Release, H. Comm. on Educ. & the Workforce, Chairwoman 
Foxx Delivers Opening Remarks at Markup to Enhance Safety, Security, 
and Rights of Students, Parents, and Workers (June 13, 2024), https://
edworkforce.house.gov/news/documentsingle.aspx?DocumentID=410701.
---------------------------------------------------------------------------
    From the beginning, the Committee has undertaken a partisan 
investigation into antisemitic events that have occurred on 
college campuses in the wake of the heinous Oct. 7 terrorist 
attack by Hamas on innocent civilians in the state of Israel. 
This is of course the Majority's prerogative.\2\ But this 
partisan approach has been reflected in both the tone of the 
hearings the Committee has held and the ``targets'' of the 
Committee's investigation.
---------------------------------------------------------------------------
    \2\See Ben Wilhelm, et al., Cong. Rsch. Serv., RL30240, 
Congressional Oversight Manual 39, https://crs.gov/reports/pdf/RL30240/
RL30240.pdf (``There, a committee rule required that all `major 
investigations' be initiated only with the majority approval of the 
committee.'').
---------------------------------------------------------------------------
    From all outward appearances, the Committee's efforts to 
``stamp out antisemitism'' have had less to do with identifying 
and addressing the root causes of antisemitism in educational 
settings than with pillorying college administrators generally, 
elite colleges specifically.\3\ The proceedings have taken on 
the air of show trials, where college Presidents are forced to 
distill complex questions or decisions they have made to one 
word answers, designed to portray them in the most unfavorable 
light. This is obvious when press statements and tweets after 
the hearings celebrate instances when Presidents misspoke, were 
rebuked by their faculty, or forced to resign as a result of 
something that transpired during the hearing.\4\ While these 
efforts may garner acclaim for Members, they do little to 
nothing to address the underlying problem, addressing the 
responsibilities schools have to provide learning environments 
free from hostility based on race, national origin, or shared 
ancestry.
---------------------------------------------------------------------------
    \3\E.g., Franciska Coleman, Opinion, In battles over offensive 
speech, the `cure' is usually worse than the disease, The Hill, Jan. 
16, 2024; Bianca Quilantan, Lawmakers, Jewish groups brace for 
Columbia's Capitol Hill antisemitism showdown, Politico, Apr. 17, 2024 
(``Some higher education groups and faculty who hoped to get help in 
dealing with thorny issues of free speech are resigning themselves to a 
show trial.'').
    \4\E.g., @RepStefanik, X.com (formerly Twitter.com) (Dec. 9, 2023, 
5:03 PM), https://x.com/RepStefanik/status/1733608373990343015?lang=en.
---------------------------------------------------------------------------
    In the wake of the October 7th attack there have been many 
documented incidents of racist, antisemitic, and Islamophobic 
activity on U.S. college campuses. However, in every official 
oversight action this Committee has taken on the issue of 
hostile learning environments on college campuses in the wake 
of October 7th, the Committee has ignored issues of hate and 
animus on college campuses that did not involve antisemitism.
    For example, on Tuesday November 14, the Higher Education 
and Workforce Development Subcommittee held a hearing titled 
``Confronting the Scourge of Antisemitism on Campus''. This was 
timely as incidents of antisemitism on college campuses 
proliferated horribly in the aftermath of the October 7th 
attack.\5\ However, two weeks before the hearing, the Council 
on American-Islamic Relations (CAIR) reported that they had 
received 774 anti-Islamic ``complaints, including reported bias 
incidents'' since October 7, including incidents that took 
place at schools.\6\ At the time the hearing was held, the U.S. 
Federal Bureau of Investigation (FBI) was already investigating 
a death threat made against a Palestinian American employee of 
American University.\7\ At Harvard University, there was 
reporting that efforts to ``dox'' leaders of student groups 
supporting the Palestine Solidarity Coalition (PSC), included 
students who were not even on campus that semester and had no 
part in the PSC's response to the October 7th attack.\8\ Muslim 
students who had been doxed had reported receiving death 
threats in the wake of the doxing.\9\ To our knowledge there 
has been no Committee oversight of these events or either 
campus' response to them.
---------------------------------------------------------------------------
    \5\Press Release, Anti-Defamation League, ADL Records Dramatic 
Increase in U.S. Antisemitic Incidents Following Oct. 7 Hamas Massacre, 
Oct. 24, 2023, https://www.adl.org/resources/press-release/adl-records-
dramatic-increase-us-antisemitic-incidents-following-oct-7.
    \6\Press Release, Council on Am.-Islamic Relations, CAIR Reports 
Sharp Increase in Complaints, Reported Bias Incidents Since 10/7, Oct. 
25, 2023, https://www.cair.com/press_releases/cair-reports-sharp-
increase-in-complaints-reported-bias-incidents-since-107/.
    \7\Susan H. Greenberg, FBI Investigates Anti-Palestinian Message at 
American University, Inside Higher Ed, Oct. 31, 2023, https://
www.insidehighered.com/news/quick-takes/2023/10/31/fbi-investigates-
anti-palestinian-message-american-u.
    \8\Eren Orbey, The Anguished Fallout from A Pro-Palestinian Letter 
at Harvard, The New Yorker, Oct. 20, 2023, https://www.newyorker.com/
news/dispatch/the-anguished-fallout-from-a-pro-palestinian-letter-at-
harvard.
    \9\Id.
---------------------------------------------------------------------------
    On Tuesday, December 5, the Committee held a hearing titled 
``Holding Campus Leaders Accountable and Confronting 
Antisemitism''. On that same day, FBI director Christopher Wray 
testified before the Senate Judiciary Committee, reiterating 
concerns CAIR and ADL had raised earlier. His prepared 
testimony stated clearly that both Jewish and Muslim 
communities are threatened by violence as a result of the 
October 7th Hamas attack and its aftermath.\10\ It is such 
violent extremism that likely drove a gunman to shoot three 
Palestinian-American college students walking down the street 
in Burlington, Vermont ten days prior to our Dec. 5 
hearing.\11\ In the aftermath of that shooting, which left one 
student paralyzed, one of the victims wondered if such violence 
would deter Muslim families from sending their children to 
college in America, if they could not guarantee their safety 
just walking down the street.\12\ Even with the direct 
implication of Muslim-American student safety on college 
campuses, there has been no Committee oversight of this 
shooting, and based on the Chair's public interpretation of our 
Committee's jurisdiction, we do not anticipate such oversight 
from this Committee while she leads it.\13\
---------------------------------------------------------------------------
    \10\Oversight of the Federal Bureau of Investigation, Hearing 
Before the S. Comm. on the Judic., 118th Cong. (2023) (statement of The 
Hon. Christopher Wray, Director) (``Anti-Semitism and anti-Islamic 
sentiment permeate many violent extremist ideologies and serves as a 
primary driver for attacks by a diverse set of violent extremists who 
pose a persistent threat to Jewish and Muslim communities and 
institutions in the United States and abroad . . . . Some violent 
extremists have used times of heightened tensions to incite violence 
against religious minorities, targeting both Jewish and Muslim 
Americans.'').
    \11\Anna Betts & Jenna Russell, For Palestinian Student Shot in 
Vermont, A Collision of Two Worlds, N.Y. Times, Nov. 29, 2023, https://
nytimes.com/2023/11/29/us/vermont-shooting-burlington-palestinian-
american.html.
    \12\See id. 
    \13\Valerie Strauss, What Republicans Really Want from Colleges, 
Wash. Post, Dec. 14, 2023, https://www.washingtonpost.com/education/
2023/12/14/what-republicans-really-want-colleges/ (``Asked about 
Scott's accusation, a committee spokesman said in an email: `What 
happened on UVA's campus in 2017 wasn't led by UVA students, didn't 
represent the campus environment, and had nothing to do with the 
institution we have jurisdiction over.''').
---------------------------------------------------------------------------
    On January 9th, Chair Foxx sent a letter to the Senior 
Fellow of the Harvard Corporation and the Interim President of 
Harvard University, ``kicking off'' the Committee's 
investigation of incidents of antisemitism at the 
university.\14\ This was over a month after the U.S. Department 
of Education's Office for Civil Rights (OCR), the executive 
branch agency actually empowered under law to determine if a 
school has violated student rights under Title VI of the Civil 
Rights Act of 1964, announced it was opening an investigation 
into antisemitism at Harvard.\15\ The letter included a litany 
of antisemitic events that demands investigation. But that 
letter does not cite any of the widely reported accusations of 
harassment and intimidation against Palestinian, Arab, or 
Muslim students at Harvard, accusations so serious that OCR 
opened an investigation based on a complaint alleging such 
discrimination at Harvard less than a month after the Committee 
sent its letter.\16\
---------------------------------------------------------------------------
    \14\Press Release, @EdWorkfrceCmte Kicks Off antisemitism 
Investigation with Letter to Harvard, Jan. 9, 2024, https://
edworkforce.house.gov/news/documentsingle.aspx?DocumentID=409936; 
Letter from Rep. Virginia Foxx to Mrs. Penny Prtizker & Mr. Alan 
Garber, (Jan. 9, 2024), https://edworkforce.house.gov/uploadedfiles/
1.9.24_foxx_letter_to_pritzker_and_garber.pdf.
    \15\E.g., Miles J. Herszenhorn & Claire Yuan, U.S. Education 
Department Opens Investigation into Harvard Following Antisemitism 
Complaint, Harvard Crimson, Nov. 20, 2023, https://www.thecrimson.com/
article/2023/11/30/ed-department-investigation-antisemitism/.
    \16\E.g., Vimal Patel, Education Dept. Investigates Claims of 
Discrimination Against Palestinian Students at Harvard, N.Y. Times, Feb 
7, 2024, https://www.nytimes.com/2024/02/07/us/harvard-palestinian-
discrimination-complaint.html.
---------------------------------------------------------------------------
    On January 24th, the Chair sent a letter to Chairman of the 
Board of Trustees and Interim President of the University of 
Pennsylvania highlighting multiple antisemitic incidents on the 
campus.\17\ A portion of that letter accused the school of 
demonstrating a ``clear double standard by tolerating 
antisemitic vandalism, harassment, and intimidation, but 
suppressing and penalizing other expression it deemed 
problematic.''\18\ The letter failed to mention concerns of 
double standards in the policing of speech have also been 
raised by students espousing pro-Palestinian beliefs on campus, 
with reported claims that peaceful protesting students are 
being punished ``extralegally'' and that students and alumni 
have been able to dox and harass pro-Palestinian demonstrators 
online ``to zero consequences.''\19\
---------------------------------------------------------------------------
    \17\Letter from Rep. Virginia Foxx to Mr. Ramanan Raghavendran and 
Dr. Larry Jameson, (Jan. 24, 2024), https://edworkforce.house.gov/
uploadedfiles/penn_letter_final_v2.pdf.
    \18\Id. at 7.
    \19\Jin Kwon, Penn Students Voice Concerns About Free Speech, 
Admin. Disciplinary Responses at U. Council Open Forum, Daily 
Pennsylvanian, Feb 22, 2024, https://www.thedp.com/article/2024/02/
penn-university-council-open-forum-antisemitism-islamophobia.
---------------------------------------------------------------------------
    On Feb. 12th, the Chair sent a letter to the Presidents and 
Chairs of the Board of Trustees of Columbia University and 
Barnard College (Columbia).\20\ Included in a shameful list of 
antisemitic events on campus was a poster that appeared on 
campus Jan. 31 that included ``an image of a blue and white 
skunk with a Star of David on its back and the captions 
`Beware! Skunk on Campus' and `brought to you in collaboration 
by Columbia University and the IOF [Israeli Occupation 
Forces].'''\21\ A reader of the letter might believe that 
Jewish students at Columbia were being targeted with some new 
horrid antisemitic term. That would be unless the reader was 
unaware of the Jan. 19 protest on Columbia's campus where it 
was alleged that two students sprayed over 20 pro-Palestinian 
protesting students with a chemical agent with the brand name 
Skunk, developed by a company in Israel and used by the Israeli 
Defense Forces as a less-lethal crowd control weapon.\22\ While 
the chemical in question was later determined to be a novelty 
stink bomb, at the time the Committee began its hearing 
featuring Columbia's President and Board of Trustees co-Chairs, 
the allegation was still under investigation by the New York 
Police Department as a hate crime.\23\
---------------------------------------------------------------------------
    \20\Letter from Rep. Virginia Foxx to Dr. Minouche Shafik et al., 
(Feb. 12, 2024), https://edworkforce.house.gov/uploadedfiles/2-12- 
24_foxx_letter_to_columbia_university.pdf.
    \21\Id. at 5.
    \22\E.g., Chris Mendell, Protesters Allegedly Sprayed with 
Hazardous Chemical at Pro-Palestinian rally, nearly two dozen report, 
Columbia Spectator, Jan. 22, 2024, https://www.columbiaspectator.com/
news/2024/01/22/protesters-allegedly-sprayed-with-hazardous-chemical-
at-pro-palestinian-rally-nearly-two-dozen-report/.
    \23\E.g., Gaya Gupta, At Columbia, Student Protesters Say They Were 
Attacked with Chemicals, N.Y. Times, Jan. 22, 2024, https://
www.nytimes.com/2024/01/22/nyregion/palestinian-protest-columbia-
university.html.
---------------------------------------------------------------------------
    At the time the Majority convened the May 23, 2024, hearing 
with the Presidents of Rutgers University, Northwestern 
University, and University of California at Los Angeles (UCLA), 
there were already prominent reports of hostile environments 
against Muslim or Palestinian students on all three of those 
campuses, reports ignored by the Majority. At Rutgers, there 
was an attack on the Rutgers Islamic Center on April 10, 
2024.\24\ During the attack, windows were broken and 
televisions and Islamic art with Quranic scripture were 
destroyed.\25\ At Northwestern, four Palestinian Northwestern 
students brought a Title VI complaint to OCR against the 
Pritzker School of Law on April 17, claiming that the school 
was ignoring a ``hostile anti-Palestinian environment.''\26\ 
Their allegations include discriminatory practices from fellow 
students and administrators, and anti-Palestinian comments from 
professors.\27\ Late into the night of April 30, the day UCLA 
declared a student encampment was unlawful, Pro-Israel counter 
protesting mobs began tearing down encampment barriers and 
screaming ``Second Nakba!'' referring to the mass displacement 
and dispossession of Palestinians during the 1948 Arab-Israeli 
war.\28\ Video footage from the incident shows protesters being 
attacked, objects being thrown into the camp, and at least one 
firework being set off.\29\ Security guards were present at the 
scene but did not intervene, with reports suggesting that 
academic faculty participating in the encampment called 911 and 
their calls were not responded to. It is important to note that 
many of the Pro-Israel counter-protesters were not UCLA 
students.\30\ Several injured in the protest went to the 
hospital and experienced several medical injuries following 
attacks with sticks, metal rods, mace, hammers, and more.\31\
---------------------------------------------------------------------------
    \24\Celina Tebor, Rutgers University Center for Islamic Life 
vandalized during Eid al-Fitr, officials say, CNN, Apr. 10, 2024, 
https://www.cnn.com/2024/04/10/us/rutgers-university-center-for-
islamic-life-vandalized-eid-reaj/index.html.
    \25\Id.
    \26\Beatrice Villaflor, Palestine Legal files Title VI complaint 
against Pritzker for `hostile anti-Palestinian environment', The Daily 
Northwestern, Apr. 19, 2024, https://dailynorthwestern.com/2024/04/19/
campus/palestine-legal-files-title-vi-complaint-against-pritzker-for-
hostile-anti-palestinian-environment/.
    \27\Id.
    \28\Jacob Gurvis, As police clear encampments at UCLA, Jewish 
students say pro-Israel violence undercuts them, The Jerusalem Post, 
May 3, 2024, https://www.jpost.com/diaspora/antisemitism/article-
799691.
    \29\Id.
    \30\Blake Ellis, et al., Unmasking counterprotesters who attacked 
UCLA's pro-Palestine encampment, CNN, May 16, 2024, https://
www.cnn.com/2024/05/16/us/ucla-student-protests-counterprotesters-invs/
index.html.
    \31\Will Carless, How pro-Palestinian camp, and an extremist attack 
roiled the protest at UCLA, USA Today, May 3, 2024, https://
www.usatoday.com/story/news/investigations/2024/05/03/inside-ucla-
protest/73560767007/.
---------------------------------------------------------------------------
    We fervently hope that the Committee is able to get answers 
from schools to the allegations of antisemitism on their 
campuses that it has requested. There is no justification for 
threats, violence, harassment, or intimidation against any 
student on campus, especially if such threats are the result of 
their shared ancestry, national origin, or ethnic 
characteristics. The Committee's failure to address any such 
accusation of threats, violence, harassment, or intimidation 
against any Muslim student on any campus in America in the wake 
of October 7th does not change this hope, but it does raise 
significant concern.
    We fear this oversight failure on the Committee's part will 
solidify the impression that this Committee is not interested 
in ensuring that all students have safe, nurturing learning 
environments. As we have said many times, issues of racial 
hostility on college campuses are broader and older than any 
event cited in any of the Committee's letters to colleges since 
Oct. 7th. For example, this Committee held multiple hearings 
decrying the lack of free speech on campus since 2017 and 
released a report in 2023 echoing the same sentiment.\32\ It 
has consistently fallen to Committee Democrats to remind the 
public that racial animus (often expressed in protected speech) 
is linked with threats, intimidation, and violence 
characteristic of a hostile learning environment.
---------------------------------------------------------------------------
    \32\Examining First Amendment Rights on Campus, Hearing Before the 
H. Comm. on Educ. & the Workforce, 115th Cong. (2018); Diversity of 
Thought: Protecting Free Speech on College Campuses, Hearing Before the 
H. Subcomm. on Higher Educ. and Workforce Development, 118th Cong. 
(2023); See Staff of H. Comm. on Educ. and the Workforce, 118th Cong., 
Rep. on Freedom of Speech and Its Protection on College Campuses 4, 
(2023), https://edworkforce.house.gov/uploadedfiles/
free_speech_committee_report_final.pdf (describing how political speech 
against DEI, ``triggering'' language inviting students to a party at a 
``trap house'' where ``Popeye's Chicken'' would be served, and efforts 
to shout down a speaker regarded by the audience as ``racists, sexist'' 
and ``anti-gay'' were all assaults on free speech rights at 
universities.). OCR, in a recent settlement agreement with Lafayette 
College, reiterated that constitutionally protected hate speech, even 
when made on a social media platform outside of college control, may 
give rise to a hostile learning environment a school must address per 
its responsibilities under Title VI. https://www2.ed.gov/about/offices/
list/ocr/docs/investigations/more/03242029-a.pdf.
---------------------------------------------------------------------------
    2017 was not solely the year of the Unite the Right rally 
in Charlottesville, it was the year Jonathan Greenblatt, CEO of 
the Anti-Defamation League, was quoted saying white supremacy 
and antisemitic hate were flourishing to a point heretofore 
unprecedented on campus.\33\ It was the year when nooses with 
bananas in them were hung on the campus of American University 
the day after the election of the school's first Black student 
body president, Ms. Taylor Dumpson.\34\ It was the year of the 
racially charged murder of Richard Collins, III, a black ROTC 
student at Bowie State University, during a visit to the 
University of Maryland, College Park.\35\ If, after seven years 
of ignoring these issues the Committee fails to take a holistic 
look at the links between hate speech and violence on campus, 
the sincerity of our oversight will undoubtedly be called into 
question.
---------------------------------------------------------------------------
    \33\Press Release, Anti-Defamation League, ADL: White Supremacists 
Making Unprecedented Effort on U.S. College Campuses to Spread Their 
Message, Recruit, Mar. 6, 2017, https://www.adl.org/resources/press-
release/adl-white-supremacists-making-unprecedented-effort-us-college-
campuses (``[w]hile there have been recruitment efforts in the past, 
never have we seen antisemites and white supremacists so focused on 
outreach to students on campus.'')
    \34\Lawyers Comm. for Civ. Rts. Under Law, Landmark Settlement in 
Dumpson v. Ade, https://www.lawyerscommittee.org/landmark-settlement-
in-dumpson-v-ade/ (last visited Feb. 26, 2024).
    \35\Brakkton Booker, White Man Gets Life in Prison for Killing 
Black Army 1st Lt. Richard Collins, III, Nat'l Pub. Radio, Jan, 15, 
2021, https://www.npr.org/2021/01/15/957233388/white-man-gets-life-in-
prison-for-killing-of-black-army-1st-lt-richard-collins-i.
---------------------------------------------------------------------------
    It is with that open question lingering that Committee 
Democrats were presented with H.R. 8648.
H.R. 8648 only covers a subset of institutions subject to Title VI
    While it is not a fatal flaw, we are perplexed that H.R. 
8648 places new requirements on compliance with Title VI, 
without amending Title VI itself. The decision to place 
requirements and penalties related to Title VI compliance in 
HEA was likely made to avoid amendment of the Civil Rights Act 
of 1964. Such amendment would likely implicate the jurisdiction 
of the Committee on the Judiciary. But this is something the 
Committee has considered in the past and successfully overcome.
    In 2019, then-Chairman Bobby Scott (D-VA) introduced the 
Equity and Inclusion Enforcement Act (EIEA) in the 116th 
Congress.\36\ The bill required all recipients of federal funds 
under Title VI (K-12 schools and IHEs) to have Title VI 
Monitors, nearly identical to those required under Title IX, 
and similar to what is required under H.R. 8648. Unlike H.R. 
8648, EIEA included provisions that amended the Civil Rights 
Act of 1964--squarely in the jurisdiction of the Committee on 
the Judiciary--and provisions related to requirements of 
staffing at the Department of Education, squarely in the 
Committee on Education and Labor's jurisdiction. As the bill 
had been referred to both Committees, after our Committee 
marked the bill up, we were able to reach an agreement with the 
Judiciary Committee regarding a discharge of their 
consideration and the bill went to the floor and was 
passed.\37\ The Majority in this instance could have done the 
same thing but chose not to. By choosing to limit the operative 
clauses to the HEA, the compliance provisions of H.R. 8648 do 
not apply to all educational settings receiving federal 
assistance, but just colleges and universities that participate 
in the Federal Student Aid program. K-12 schools, and IHEs that 
do not participate in federal student aid, are not bound by 
H.R. 8648's requirements. It is our hope that the Majority will 
work with its counterparts on the Committee on the Judiciary to 
settle any lingering issues so that the scope of H.R. 8648 
eventually mirrors that of Title VI itself, that is, all 
educational programs receiving federal assistance.
---------------------------------------------------------------------------
    \36\Equity and Inclusion Enforcement Act, H.R. 2574, 116th Cong. 
(2019).
    \37\166 Cong. Rec. H4473-74 (2020).
---------------------------------------------------------------------------
H.R. 8648 OCR Reforms are Unworkable and Inequitable
    In addition to the compliance requirements of H.R. 8648, 
the bill mandates several reforms to the process by which OCR 
handles complaints it receives. Under H.R. 8648, OCR would be 
prohibited from dismissing Title VI complaints due to the 
filing of a complaint involving the same allegations with 
another Federal, State, or local agency or a court. OCR would 
be prohibited from delaying or pausing an investigation due to 
the filing of a similar complaint with another Federal, State, 
or local agency. H.R. 8648 would only allow OCR to pause an 
investigation because of a court filing.
    OCR handles complaints based on violations of all 
educational civil rights laws in accordance with their Case 
Processing Manual. That manual spells out numerous situations 
under which OCR can dismiss cases. These dismissals are 
justified based on considerations OCR makes, as documented in 
one instance in the manual:

          Where the allegation(s) filed with OCR is currently 
        pending before another federal, state, or local civil 
        rights enforcement agency or through a recipient's 
        internal grievance procedures, including due process 
        proceedings, and OCR anticipates that the allegation(s) 
        will be investigated, the remedy obtained will be the 
        same as the remedy that would be obtained if OCR were 
        to find a violation regarding the allegation(s), and 
        that there will be a comparable resolution process 
        under comparable legal standards. OCR will advise the 
        complainant that they may re-file within 60 days of the 
        completion of the other entity's action. Generally, OCR 
        will not conduct its own investigation; instead, OCR 
        reviews the results of the other entity's determination 
        and decides whether the other entity provided a 
        comparable resolution process in which it applied 
        comparable legal standards.\38\
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    \38\Off. for Civ. Rts., U.S. Dep't of Educ., Case Processing 
Manual, (2022), https://www2.ed.gov/about/offices/list/ocr/docs/
ocrcpm.pdf.
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    Based on the limited resources OCR has to investigate 
claims, and concerns about multiple investigations of the same 
situation by multiple agencies or courts potentially reaching 
different conclusions, OCR's current practice regarding cases 
that are pending with other agencies or courts makes sense. The 
Department has expressed concerns that this will make the case 
management at OCR harder, and it seems logical that such a rule 
could increase the overall number of complaints OCR has to 
investigate. Further, as drafted H.R. 8648 would create equity 
concerns. These new prohibitions would apply to Title VI cases 
only, situating them differently than all other cases at OCR. 
Further, as these prohibitions would not apply retroactively, 
H.R. 8648 would situate Title VI cases opened after the bill's 
passage differently than any Title VI cases opened prior to its 
passage. There are currently 878 records of complaints of Title 
VI harassment open at OCR\39\, some stretching back to as far 
as 2012. We cannot support any bill that would somehow situate 
new cases more favorably than ones that have been waiting over 
a decade for resolution.
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    \39\Off. for Civ. Rts., U.S. Dep't of Educ., Pending Cases 
Currently Under Investigation and Elementary-Secondary and Post-
Secondary Schools, https://ocrcas.ed.gov/open-investigations? (last 
updated July 9, 2024). This does not include current open Title VI 
cases at OCR alleging violations relating to admissions policies, 
assignment of students, general compliance, denial of benefits, 
discipline, resource comparability, or retaliation. It also does not 
include the approximately 75 shared ancestry and national origin cases 
opened since October 7. Id.
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    DEMOCRATIC AMENDMENTS OFFERED DURING CONSIDERATION OF H.R. 8648

    There is a simple solution to allay concerns the Minority 
expressed around the OCR process reforms proposed in H.R. 
8648--authorize and appropriate more funding to OCR to do its 
job. The Department has noted that from fiscal year (FY)2013 to 
FY 2023, the number of complaints OCR has received rose by 93 
percent, yet the number of investigative staff at OCR has 
decreased slightly during that same period of time.\40\ 
Additionally, the rise in antisemitic and anti-Muslim 
discrimination cases in K-12 and postsecondary settings, 
coupled with the issuance of a final rule on Title IX will 
likely result in increased complaints filed with OCR in FY 2025 
and subsequent fiscal years. Leading civil rights groups have 
suggested that OCR needs double the funding it received in FY 
2024 to be effective.\41\ As such, Rep. Scott offered an 
amendment that would authorize twice as much funding to: ensure 
that OCR has the program support to address the additional 
complaints it might receive as a result of H.R. 8648; address 
the backlog of current investigations; and ensure that 
institutions receiving federal financial assistance follow 
civil rights laws that are enforced by the agency.
---------------------------------------------------------------------------
    \40\U.S. Dep't of Educ., Fiscal Year 2025 Congressional 
Justification Office for Civil Rights, 13-14 (2024) https://
www2.ed.gov/about/overview/budget/budget25/justifications/dd-ocr.pdf 
(``As shown in the chart above, OCR continues to receive an 
unprecedented number of total complaints, which has increased 883% 
since 1983, more than tripled compared to 2003, and nearly doubled in 
the past decade.'').
    \41\Letter from 92 Civil Rights Groups to President Joe Biden, 
(Feb. 14, 2024), https://civilrights.org/wp-content/uploads/2024/02/
Double-the-Funding-for-ED OCR.pdf.
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    This amendment was merely an authorization of funds, and 
not an appropriation--such an appropriation would not have been 
in order. But as we enter appropriations season on the floor, 
the amendment could have sent a bipartisan message to our 
colleagues on the Labor-HHS Appropriations Subcommittee that 
our Committee supports OCR and its work, and wants to provide 
it with the resources necessary to ensure it can do the work it 
is being tasked with. Similarly, Rep. Kathy Manning (D-NC) 
offered an amendment appropriating ``such sums as necessary'' 
for implementation of H.R. 8648. Both amendments were defeated 
on party-line votes.
    Rep. Manning also offered an amendment clarifying 
requirements on the posting of Title VI guidance, which was 
accepted by the Majority, and an amendment creating a new 
position at the Department specific to antisemitism, which was 
withdrawn. We hope that a new position that specializes in all 
aspects of Title VI compliance, including those related to 
shared ancestry and national origin would be considered as a 
potential addition to H.R. 8648 as it moves through the 
legislative process.

                               CONCLUSION

    We are grateful that the Committee recognizes the 
importance of Title VI compliance. We only ask that this 
Committee would realize its responsibility to afford the 
protections of civil rights law to all students. We cannot 
support reforms to OCR's case management process that could 
result in inequitable or unworkable situations within the 
office. This is tempered by the fact that the Committee has 
still not lived up to its duty to ensure that hatred based on 
shared ancestry and ethnic characteristics, whether it be 
antisemitic, anti-Muslim, Islamophobic, anti-Palestinian, or 
against any other class protected in our civil rights law, is 
identified and rooted out of our higher education system. 
Congress must work to ensure that Jewish students and all their 
peers--regardless of their race, nationality, sexual 
orientation, or any other characteristic--feel safe and welcome 
in their learning environments. It is our hope that the 
Committee will take this into account for all planned and 
future proceedings on this issue. Until it does, we cannot 
support H.R. 8648, and would urge the House not to support it 
as well.

                                   Robert C. ``Bobby'' Scott,
                                   Gregorio Kilili Camacho Sablan,
                                   Frederica S. Wilson,
                                   Suzanne Bonamici,
                                   Mark Takano,
                                   Mark DeSaulnier,
                                           Members of Congress.

                                  [all]