“I don’t blame Harvard for taking it, I blame the idiots for writing a bill that allows them to take it.”
It is not always either/or. I blame both.
Devil in the details. I haven’t read the law, I’ll bet you haven’t either. Depending how it is worded, Harvard may have thought “legally” (letter of the law) that they could TAKE it.
They could be wrong (spirit of the law).
In either case, it “might” (likely) be up to the government to determine who is eligible and to determine sanctions/punitive damages for those violating the law.
Just because the gubmit is going to put out FAQs for clarification, doesn’t mean they “NEED” to. The law may be very clear. They probably never imagined anyone would so flagrantly abuse the law in this case.
Just my conjecture, I didn’t read the law, but I will venture to guess that Harvard WILL voluntarily (after being threatened with a BIG STICK), return the money, sooner rather than later. In ANY case, they WILL RETURN THE MONEY!