Sec. 5. Enforcement actions
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/bill/117/hr/2232/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of Education shall submit a written warning to an institution of higher education that violates a requirement of section 487(a)(23) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(23) ) that includes a direction to correct the violation not later than 60 days after the date the warning was received. If an institution of higher education does not correct a violation in accordance with a direction from the Secretary of Education as described in paragraph (1), the Attorney General of the United States may authorize the appropriate State law enforcement officer or the chief elections official of a State to commence a civil action in accordance with subsection (b).
A State law enforcement officer or chief elections official of a State may commence a civil action in accordance with subsection
(a)in the appropriate district court of the United States against the institution that engages in a pattern or practice of violating section 487(a)(23) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(23) ). In a civil action commenced under paragraph (1), the court may— grant any appropriate equitable or declaratory relief with respect to the violation of section 487(a)(23) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(23) ); award all other appropriate relief to any person or group aggrieved by the violation; to vindicate the public interest, assess a civil penalty in an amount not exceeding the amount listed in section 487(c)(3)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(c)(3)(B) ) for any violation; and take into account the number of days in which the infraction occurred. Upon timely application, a person aggrieved by a violation of section 487(a)(23) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(23) ) with respect to which a civil action is commenced under this subsection may intervene in such action, and may obtain such appropriate relief as the person could obtain in a civil action under subsection
(c)with respect to such violation, along with costs and reasonable attorneys fees. Any person or group aggrieved by a violation of section 487(a)(23) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(23) ) may commence a civil action in any appropriate district court of the United States against the institution that engages in such violation. In a civil action commenced under paragraph (1), the court may— grant any appropriate equitable or declaratory relief with respect to the violation of section 487(a)(23) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(23) ); award any other appropriate relief to the person or group aggrieved by the violation, including the costs of the action, such as reasonable attorneys fees; to vindicate the public interest, assess a civil penalty in an amount not exceeding the amount listed in section 487(c)(3)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(c)(3)(B) ) for any violation; and take into account the number of days in which the infraction occurred. Not later than 60 days before the date a person or group aggrieved by a violation of section 487(a)(23) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(23) ) commences a civil action under paragraph (1), the person or group shall report the violation to the Department of Education, a Federal or State law enforcement agency, and the institution purported to have committed the violation via an affidavit detailing the alleged violation. Nothing in this section shall be construed to preclude or limit any remedy otherwise available under other law, including consequential and punitive damages.
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Sec. 5
Enforcement actions
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