Overview

Title

To establish that institutions of higher education shall be ineligible for funds under the Higher Education Act of 1965 due to campus disorder.

ELI5 AI

The bill says that if a college lets people camp on its grounds for a long time and it stops the school from working properly, it won’t get any money help from the government. Plus, those schools might have to give a lot of their money to the government as a sort of penalty.

Summary AI

S. 4295, known as the “Encampments or Endowments Act,” aims to disqualify colleges and universities from receiving funds under the Higher Education Act of 1965 if they allow permanent encampments on campus that interfere with university operations. The bill details that such encampments, existing for seven days or more, can lead to institutions losing eligibility for federal student aid. Moreover, the legislation imposes a 50% tax on the endowment income of any disqualified institution, with specific conditions outlined for regaining eligibility. The bill ensures that continuously enrolled students affected by a university's loss of eligibility can continue to seek federal financial aid.

Published

2024-05-09
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-05-09
Package ID: BILLS-118s4295is

Bill Statistics

Size

Sections:
5
Words:
1,283
Pages:
7
Sentences:
27

Language

Nouns: 374
Verbs: 96
Adjectives: 94
Adverbs: 7
Numbers: 54
Entities: 59

Complexity

Average Token Length:
4.45
Average Sentence Length:
47.52
Token Entropy:
5.04
Readability (ARI):
26.93

AnalysisAI

General Summary of the Bill

The bill, titled the "Encampments or Endowments Act," proposes new regulations impacting higher education institutions in the United States. Under this bill, if a college or university fails to remove long-standing encampments from its campus — specifically if these camps obstruct core academic functions or block student access — it would lose eligibility for federal funding, including essential student aid under the Higher Education Act of 1965. Loss of eligibility would last for five years, after which institutions could apply to regain federal funding status.

To further pressure compliance, the bill introduces an excise tax on the endowments of ineligible institutions. This tax amounts to 50% of the institution’s asset value. However, the tax can be avoided if the institution provides grants equivalent to what students would receive in federal aid, thereby supporting students financially during ineligibility.

Summary of Significant Issues

Several issues arise within the proposed bill. One primary concern is the definition of a "permanent encampment." It seems overly broad, encompassing any structure in place for seven days or more, which might unfairly penalize institutions for minimal infractions.

Furthermore, there is ambiguity surrounding what constitutes interference with a university's "core functions." Such ambiguity could lead to inconsistent enforcement across institutions, as different entities may interpret these terms variously.

Moreover, the bill imposes a harsh five-year ineligibility period for institutions failing to comply, risking considerable disruption to students relying on federal aid. Concurrently, the imposition of a 50% tax on an institution's endowment assets could severely undermine its financial sustainability.

Potential Public Impact

The bill could significantly impact the public, particularly students relying on federal assistance for their education. During the five-year ineligibility period, students at affected institutions might struggle to finance their education, potentially increasing dropout rates and limiting access to higher education for vulnerable populations.

The bill's strict measures might deter institutions from allowing protests or other expressive activities on campuses, potentially stifling free speech and the dynamic exchange of ideas that colleges traditionally support.

Impact on Specific Stakeholders

Students: Students are perhaps the most vulnerable group under this bill. If their institution loses eligibility for federal funds, students could face significant financial hardships.

Educational Institutions: Universities and colleges may face substantial financial challenges due to the potential loss of funds and the punitive tax on their endowments. The necessity to demonstrate compliance or provide alternative financial aid would likely increase administrative burdens.

Protest Groups: These groups might find fewer opportunities to organize expressive activities on campuses if universities feel pressured to immediately dismantle any encampments to avoid penalties.

Government and Policy Makers: The bill creates an administrative burden on government agencies tasked with enforcing these regulations and processing potential appeals or applications related to eligibility reinstatement.

In summary, while the bill aims to deter disruptions on campuses, its broad definitions, severe penalties, and complex compliance requirements might outweigh its intended benefits, risking negative consequences on the freedom of expression and financial viability of the nation's educational institutions.

Issues

  • The definition of 'permanent encampment' in Section 2 might be overly broad, potentially including scenarios unintended by the drafters. This could lead to institutions losing eligibility based on minor infractions, raising concerns about fairness and proportionality.

  • In Section 2, the ambiguity surrounding the term 'core function of a university' could result in varied interpretations, potentially leading to inconsistent enforcement and challenges in maintaining academic operations without the threat of losing eligibility for federal funds.

  • The punitive nature of a 5-year ineligibility period in Section 2 could have long-term negative impacts on students who rely on federal assistance, making this aspect of the bill controversial from both a policy and ethical standpoint.

  • Section 3 imposes an excise tax on disqualified educational institutions equal to 50 percent of the aggregate fair market value of their assets, which may be considered excessive and could threaten the financial stability of affected institutions.

  • The lack of clarity on the process and criteria for regaining eligibility after the five-year period in Section 2 could create uncertainty for institutions, affecting their long-term planning and strategy.

  • The administrative burden placed on institutions to prove compliance with the exception criteria for the excise tax in Section 3, along with the complex calculations required, could be challenging and lead to potential compliance issues.

  • The existing definitions and cross-references in Sections 2 and 3 add complexity to the bill, potentially making it difficult for stakeholders to fully understand the implications without legal expertise.

  • The bill in Sections 2 and 3 does not provide clear guidance on the enforcement responsibilities and criteria, potentially leading to inconsistent application and confusion across institutions.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the Act specifies that it can be referred to as the "Encampments or Endowments Act."

2. Ineligibility due to campus disorder Read Opens in new tab

Summary AI

The bill proposes that if a college or university fails to remove any long-standing encampments on its campus that disrupt key activities or block student access, it will lose eligibility to receive certain federal funds. Institutions identified as ineligible can apply to regain this status after five years, and the rule will affect financial aid beginning July 1, 2025.

124. Ineligibility due to campus disorder Read Opens in new tab

Summary AI

If a university fails to remove any long-standing protest camps on its campus that interfere with its main activities or block student movement, it won't receive federal funds. "Long-standing" means a camp that's been there for at least 7 days. If declared ineligible, the university can apply to regain eligibility after 5 years.

3. Excise Tax on the Endowments of Certain Disqualified Colleges and Universities Read Opens in new tab

Summary AI

Certain colleges and universities that are not eligible to receive federal funds under the Higher Education Act will face a 50% tax on their endowment's assets unless they provide grants equivalent to federal financial aid to continuously enrolled students, effective for tax years ending after July 1, 2025.

4969. Excise tax on endowment income of certain disqualified colleges and universities Read Opens in new tab

Summary AI

Section 4969 imposes a 50% tax on the asset value of certain colleges and universities that can't receive federal funding under the Higher Education Act of 1965. However, if these institutions provide grant funds equal to federal assistance amounts for all enrolled students and prove it to the Secretary of Education, they are exempt from being classified as disqualified for that year.