No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1253 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1253
To establish the Office of the Special Inspector General for Unlawful
Discrimination in Higher Education within the Department of Education.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 2, 2025
Mr. Banks (for himself and Mr. Budd) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish the Office of the Special Inspector General for Unlawful
Discrimination in Higher Education within the Department of Education.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Admissions Accountability
Act of 2025''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) 21st century elite college admissions functions as the
Nation's sorting machine for prestige and opportunity,
allocating a limited number of valuable credentials.
(2) For decades United States colleges and universities
adopted admissions and policies practices that rendered special
preferences to applicants on the basis of race.
(3) In Students for Fair Admissions, Inc. v. President and
Fellows of Harvard College, 143 S. Ct. 2141 (2023), the Supreme
Court of the United States found race-based admissions policies
to be in violation of the Equal Protection Clause of the 14th
Amendment to the Constitution of the United States. The Court
further held that ``universities may not simply establish
through application essays or other means the regime we hold
unlawful today''.
(4) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) prohibits entities that receive Federal funding
from discriminating based on race.
(5) Following the Court's ruling in Students for Fair
Admissions, Inc. v. President and Fellows of Harvard College,
several United States colleges and universities issued
statements or unveiled new policies at odds with the letter and
spirit of that ruling.
(6) Institutions of higher education, including their
offices of admission, must comply with the Constitution and
laws of the United States, as interpreted by the judiciary.
(7) It is the duty of the United States Government to
protect the civil rights of its citizens and to enforce the
Constitution and laws of the United States, as interpreted by
the judiciary.
SEC. 3. SPECIAL INSPECTOR GENERAL FOR UNLAWFUL DISCRIMINATION IN HIGHER
EDUCATION.
(a) In General.--Title II of the Department of Education
Organization Act (20 U.S.C. 3411 et seq.) is amended by adding at the
end the following:
``SEC. 221. SPECIAL INSPECTOR GENERAL FOR UNLAWFUL DISCRIMINATION IN
HIGHER EDUCATION.
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Health, Education, Labor,
and Pensions of the Senate;
``(B) the Subcommittee on Labor, Health and Human
Services, Education, and Related Agencies of the
Committee on Appropriations of the Senate;
``(C) the Committee on Education and Workforce of
the House of Representatives; and
``(D) the Subcommittee on Labor, Health and Human
Services, Education, and Related Agencies of the
Committee on Appropriations of the House of
Representatives.
``(2) Covered individual.--The term `covered individual'
means any individual who--
``(A) files an application for admission as a
student at a covered institution; or
``(B) is enrolled as a student at a covered
institution.
``(3) Covered institution.--The term `covered institution'
means an institution of higher education that receives funds
from Federal student assistance or Federal institutional aid
under the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.).
``(b) Office of Inspector General.--There is hereby established
within the Department the Office of the Special Inspector General for
Unlawful Discrimination in Higher Education.
``(c) Appointment of Inspector General; Removal; Basic Pay.--
``(1) In general.--The head of the Office of the Special
Inspector General for Unlawful Discrimination in Higher
Education shall be the Special Inspector General for Unlawful
Discrimination in Higher Education (referred to in this section
as the `Special Inspector General'), who shall be appointed by
the President, by and with the advice and consent of the
Senate.
``(2) Nomination.--The nomination of the Special Inspector
General shall be made on the basis of integrity and
demonstrated familiarity with higher education and admissions,
in addition to expertise in auditing, civil rights, law,
academic administration, education regulation, or
investigations.
``(3) Removal.--The Special Inspector General shall be
removable from office in accordance with the provisions of
section 403(b) of title 5, United States Code.
``(4) Basic pay.--The annual rate of basic pay of the
Special Inspector General shall be the annual rate of basic pay
for an Inspector General under section 403(e) of title 5,
United States Code.
``(d) Duties.--
``(1) In general.--It shall be the duty of the Special
Inspector General to, in accordance with section 404(b)(1) of
title 5, United States Code--
``(A) receive, review, and investigate allegations
from covered individuals or employees of covered
institutions of admissions decisions, policies, or
practices, or financial aid determinations or academic
programs, that are in violation of--
``(i) the Equal Protection Clause of the
14th Amendment to the Constitution of the
United States, pursuant to the holding in
Students for Fair Admissions, Inc. v. President
and Fellows of Harvard College, 143 S. Ct. 2141
(2023) (referred to in this subsection as the
`Equal Protection Clause'); or
``(ii) title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.) (referred to in
this subsection as `title VI');
``(B) review any Federal policies and programs that
have the effect of incentivizing covered institutions
to violate the Equal Protection Clause or title VI; and
``(C) make recommendations to the applicable
covered institution, the Secretary, the Attorney
General of the United States, and the appropriate
committees of Congress regarding--
``(i) measures that the covered institution
should take to remedy any violation described
in subparagraph (A) through remedial or
corrective action;
``(ii) any employee of the covered
institution that the Special Inspector General
determines, after a review or investigation
described in subparagraph (A), should face
disciplinary action (including removal) as a
result of a violation described in such
subparagraph;
``(iii) eligibility of the covered
institution to receive funds from Federal
student assistance or Federal institutional
aid;
``(iv) further investigation into the
covered institution's compliance with the
Constitution of the United States, title VI,
and other laws of the United States; and
``(v) reforms to any Federal policies and
programs that have the effect of incentivizing
covered institutions to violate the Equal
Protection Clause or title VI.
``(2) Maintenance of systems.--The Special Inspector
General shall establish, maintain, and oversee such systems,
procedures, and controls as the Special Inspector General
considers appropriate to discharge the duties of the Special
Inspector General under paragraph (1).
``(3) Additional duties and responsibilities.--In addition
to the duties described in paragraphs (1) and (2), the Special
Inspector General shall also have the duties and
responsibilities of inspectors general under chapter 4 of title
5, United States Code.
``(4) Confidentiality of information.--The Special
Inspector General shall maintain the confidentiality of the
identity of any person submitting information to the Special
Inspector General for the purposes of carrying out the duties
of the Special Inspector General under this section, including
in any report submitted under subsection (g).
``(e) Powers and Authorities.--
``(1) In general.--In carrying out the duties of the
Special Inspector General under subsection (d), the Special
Inspector General shall have the authorities provided in
section 406 of title 5, United States Code.
``(2) Treatment of office.--The Office of the Special
Inspector General shall be considered to be an office described
in section 406(f)(3) of title 5, United States Code.
``(f) Personnel, Facilities, and Other Resources.--
``(1) Appointment of officers and employees.--
``(A) In general.--The Special Inspector General
may select, appoint, and employ such officers and
employees as may be necessary for carrying out the
duties of the Special Inspector General.
``(B) Status.--The positions to which officers and
employees are appointed under subparagraph (A) shall be
positions in schedule C of subpart C of part 213 of
title 5, Code of Federal Regulations, or any successor
regulations.
``(2) Experts and consultants.--The Special Inspector
General may obtain services as authorized under section 3109 of
title 5, United States Code, at daily rates not to exceed the
equivalent rate prescribed for grade GS-15 of the General
Schedule by section 5332 of that title.
``(3) Contracts.--The Special Inspector General may enter
into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with
private persons, and make such payments as may be necessary to
carry out the duties of the Special Inspector General.
``(g) Reports.--
``(1) Quarterly reports.--
``(A) In general.--Not later than 60 days after the
date on which the Special Inspector General is
confirmed, and once every calendar quarter thereafter,
the Special Inspector General shall submit to the
appropriate committees of Congress a report summarizing
the activities of the Special Inspector General during
the 3-month period ending on the date on which the
Special Inspector General submits the report.
``(B) Contents.--Each report submitted under
subparagraph (A) shall include, for the period covered
by the report, the following:
``(i) A general description of the
allegations received and reviewed by the
Special Inspector General under subsection
(d)(1)(A).
``(ii) Recommendations of the Special
Inspector General regarding reforms that the
Special Inspector General believes should be
undertaken with respect to the authority of the
Special Inspector General and matters within
the authority of the Special Inspector General
to review and investigate, including the
authority described in subsection (d)(1)(B).
``(iii) For a covered institution with
respect to which an allegation submitted under
this section applies, the steps that the
covered institution has taken, and has yet to
take, to remedy the issues outlined in the
allegation.
``(iv) Data regarding the number of
allegations received and reviewed by the
Special Inspector General under this section
that document any legitimate violation, as
determined by the Special Inspector General,
which shall--
``(I) be disaggregated by the
number of violations committed by each
covered institution; and
``(II) contain a separate provision
listing the number of those acts that
relate to racial bias, which shall be
disaggregated as described in subclause
(I).
``(v) Commentary by the Special Inspector
General regarding the level of cooperation by
each covered institution with respect to
reviews and investigations performed by the
Special Inspector General, including, with
respect to each covered institution, whether
the covered institution has implemented
recommendations made by the Special Inspector
General and whether the covered institution has
provided information or access requested by the
Special Inspector General.
``(2) Rule of construction.--Nothing in this subsection may
be construed to authorize the public disclosure of information
that is--
``(A) specifically prohibited from disclosure by
any other provision of law;
``(B) specifically required by Executive order to
be protected from disclosure in the interest of
national defense or national security or in the conduct
of foreign affairs; or
``(C) a part of an ongoing criminal investigation.
``(h) Funding.--There are authorized to be appropriated $25,000,000
to carry out this section, which shall remain available until expended.
``(i) Council of the Inspectors General on Integrity and
Efficiency.--The Special Inspector General shall be a member of the
Council of the Inspectors General on Integrity and Efficiency
established under section 424 of title 5, United States Code.
``(j) Corrective Responses to Audit Problems.--A covered
institution shall--
``(1) take action to address deficiencies identified by a
report or investigation of the Special Inspector General; or
``(2) with respect to a deficiency identified under
paragraph (1), certify to the Special Inspector General and the
appropriate committees of Congress that no action is necessary
or appropriate.
``(k) Rule of Construction.--Nothing in this section may be
construed as limiting the authority of the Inspector General of the
Department.
``(l) Sunset.--The Office of the Special Inspector General for
Unlawful Discrimination in Higher Education, established under this
section, shall terminate on the date that is 12 years after the date of
enactment of the College Admissions Accountability Act of 2025.''.
(b) Table of Contents.--The table of contents in section 1 of the
Department of Education Organization Act (20 U.S.C. 3401 note) is
amended by inserting after the item relating to section 220 the
following new item:
``Sec. 221. Special Inspector General for Unlawful Discrimination in
Higher Education.''.
(c) Higher Education Act of 1965.--Part B of title I of the Higher
Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at
the end the following:
``SEC. 124. INELIGIBILITY DUE TO DISCRIMINATION ON THE BASIS OF RACE IN
VIOLATION OF EQUAL PROTECTION CLAUSE OR TITLE VI.
``Notwithstanding any other provision of law, no institution of
higher education shall be eligible to receive funds from Federal
student assistance or Federal institutional aid under this Act if the
Secretary determines that the institution had an admissions decision,
policy, or practice, or financial aid determination or academic
program, that discriminated on the basis of race in violation of--
``(1) the Equal Protection Clause of the 14th Amendment to
the Constitution of the United States, pursuant to the holding
in Students for Fair Admissions, Inc. v. President and Fellows
of Harvard College, 143 S. Ct. 2141 (2023); or
``(2) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line