No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3433 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3433
To eliminate certain higher education funding to certain minority-
serving institutions, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 11, 2025
Mr. Banks introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To eliminate certain higher education funding to certain minority-
serving institutions, and for other purposes.
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 ``Promoting Equal Learning and Liberty
Act'' or the ``PELL Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States of America was founded on the truth
that all men are created equal. To secure this promise, the
Equal Protection Clause of the 14th Amendment guarantees to
every person within the jurisdiction of a State--regardless of
race or color--the equal protection of its laws. The Fifth
Amendment extends that same principle with respect to the
Federal Government.
(2) The Supreme Court affirmed in Students for Fair
Admissions v. President and Fellows of Harvard College, 600
U.S. 181 (2023), that colleges and universities violate the
guarantee of equal protection when they engage in race-based
admissions policies, including by maintaining racial quotas or
preferences for admission. The Court further held that
universities could not use facially neutral tools to admit
students based on race.
(3) The ruling in Students for Fair Admissions v. President
and Fellows of Harvard College reaffirmed a core constitutional
prohibition against racial quotas and preferences.
(4) Despite the clarity of the Constitution, Congress has
for decades funded a series of grant programs qualifying
institutions of higher education based on the certified racial
or ethnic balance of their student bodies. These Minority-
Serving Institution programs include over $350,000,000 in grant
money.
(5) These grant programs, many of which are not open to
Historically Black Colleges and Universities or Tribal Colleges
and Universities, intentionally treat colleges and universities
differently based on the racial demographics of their students.
Such programs condition hundreds of millions in Federal funding
on the maintenance of racial quotas.
(6) The Minority-Serving Institution grant programs violate
the Fifth Amendment to the Constitution of the United States by
classifying and awarding money to institutions based on the
race or ethnicity of their students.
(7) In addition, the Minority-Serving Institution programs
provide a financial incentive for colleges and universities to
discriminate on the basis of race in admissions.
(8) Decades of Supreme Court precedents have held that the
spending power of Congress, although broad, is not unlimited,
and that it would exceed the constitutional authority of
Congress for Federal funding to induce invidious
discrimination.
(9) As constituted, these grant programs exceed the
spending power of Congress because they induce invidious
discrimination.
(10) The Minority-Serving Institution programs also play a
part in the immigration crisis in the United States. The
largest Minority-Serving Institution programs are the Hispanic-
Serving Institution programs. Those programs rely on purely
ethnic categories without regard to whether the qualifying
enrolled students are citizens of the United States. As greater
numbers of aliens have been waved across the southern border,
the programs induce colleges and universities to discriminate
against citizens of the United States. A large and complex
bureaucracy has arisen to support illegal aliens at Minority-
Serving Institutions.
(11) Race and ethnicity are arbitrary proxies for need.
(12) Minority-Serving Institution programs siphon resources
from constitutionally sound programs that help people in the
United States who are in need. One-third of undergraduate
students in the United States receive funding through the
Federal Pell Grant program established in title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). The Pell
Grant program makes college financially possible for students
in the United States of all races and ethnicities. Yet colleges
that enroll large numbers of Pell recipients are ineligible for
hundreds of millions in Federal funding unless they maintain
the appropriate racial balance. Meanwhile, rampant inflation in
the cost of postsecondary education has diminished the impact
of the grants available to needy students in the United States.
(13) Increasing the funding available for the Federal Pell
Grant program under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.) and the total maximum Federal
Pell Grant award will constitutionally increase the educational
opportunities available to all needy people in the United
States regardless of race or ethnicity, including the
educational opportunities of people in historically
disadvantaged communities.
SEC. 3. ELIMINATING HIGHER EDUCATION FUNDING TO MINORITY-SERVING
INSTITUTIONS.
(a) Honorable Augustus F. Hawkins Centers of Excellence.--Section
241(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1033(1)(A)) is
amended--
(1) by striking clauses (ii), (iv), (v), (vi), (vii), and
(viii);
(2) in clause (i), by inserting ``or'' after the semicolon;
and
(3) by redesignating clause (iii) as clause (ii).
(b) Strengthening Institutions.--Part A of title III of the Higher
Education Act of 1965 (20 U.S.C. 1057 et seq.) is amended--
(1) in section 312(b)(1)--
(A) in subparagraph (E), by striking ``and'' after
the semicolon; and
(B) by adding at the end the following:
``(G) which does not discriminate based on race in
admissions, including through the use of racial quotas
or preferences; and''; and
(2) by repealing sections 317 (20 U.S.C. 1059d), 318 (20
U.S.C. 1059e), 319 (20 U.S.C. 1059f), and 320 (20 U.S.C.
1059g).
(c) Science and Engineering Improvement Program.--Part E of title
III of the Higher Education Act of 1965 (20 U.S.C. 1067 et seq.) is
amended--
(1) in the part heading, by striking ``minority'';
(2) in section 350 (20 U.S.C. 1067)--
(A) in paragraph (2)--
(i) in the first sentence, by striking ``As
the Nation's population becomes more diverse,
it is'' and inserting ``It is''; and
(ii) in the second sentence, by striking
``Underrepresentation of minorities in science
and technological fields'' and inserting ``Lack
of opportunity for students in science and
technological fields who receive a Federal Pell
Grant'';
(B) by striking paragraph (3);
(C) be redesignating paragraph (4) as paragraph
(3); and
(D) in paragraph (3), as so redesignated, by
striking ``programs at minority institutions as such
programs lag behind in program offerings and in student
enrollment compared to such programs at other
institutions of higher education'' and inserting
``opportunities for individuals who receive a Federal
Pell Grant, who may not otherwise get a chance to
cultivate and hone their skills'';
(3) in section 351 (20 U.S.C. 1067a)--
(A) in subsection (a), by striking ``Minority
Institutions Science Improvement Program'' and
inserting ``Science Opportunity Improvement Program'';
and
(B) in subsection (b), by striking ``at
predominantly minority institutions and to increase the
participation of underrepresented ethnic minorities,
particularly minority women, in scientific and
technological careers'' and inserting ``for individuals
who receive a Federal Pell Grant and to increase the
participation of those individuals in scientific and
technological careers'';
(4) in section 352(b) (20 U.S.C. 1067b(b)), by striking
``applicants which have not previously received funding from
the Minority Institutions Science Improvement Program and to
previous grantees with a proven record of success'' and
inserting ``applicants that support the engagement of
individuals who are recipients of a Federal Pell Grant in
science, technology, engineering, and mathematics'';
(5) in section 353(b)(4) (20 U.S.C. 1067c(b)(4))--
(A) in subparagraph (G), by striking ``minority
undergraduate students'' and inserting ``students who
receive a Federal Pell Grant''; and
(B) in subparagraph (I), by striking ``minorities''
and inserting ``individuals who receive a Federal Pell
Grant'';
(6) in section 355(a) (20 U.S.C. 1067e(a))--
(A) by striking ``underrepresented minority youth
and''; and
(B) by striking ``underrepresented minority youth
or'';
(7) in section 356 (20 U.S.C. 1067e-1)--
(A) in subsection (b)--
(i) by striking paragraph (3);
(ii) in paragraph (2), by inserting ``and''
after the semicolon; and
(iii) by redesignating paragraph (4) as
paragraph (3);
(B) by striking subsection (d) and inserting the
following:
``(d) Priority.--Subject to the availability of appropriations, the
campaign under this section shall hold as a high priority making
specific appeals to students who receive a Federal Pell Grant.''; and
(C) by adding at the end the following:
``(g) Prohibition.--The campaign under this section shall not--
``(1) provide special treatment to students or programs
based on race or ethnicity; and
``(2) consider the race or ethnicity of any student, or the
racial or ethnic balance of any institution that participates
in a program.'';
(8) in section 357 (20 U.S.C. 1067e-2), by striking
``underrepresented minority student enrollment'' and inserting
``the enrollment of students who receive a Federal Pell Grant,
or would be eligible to receive such a grant,'';
(9) by amending section 361 (20 U.S.C. 1067g) to read as
follows:
``SEC. 361. ELIGIBILITY FOR GRANTS.
``(a) In General.--Eligibility to receive grants under this part is
limited to--
``(1) public and private nonprofit institutions of higher
education that--
``(A) award baccalaureate degrees;
``(B) serve a substantial number of individuals who
receive a Federal Pell Grant; and
``(C) do not discriminate based on race in
admissions or hiring, including through the use of
racial quotas or preferences;
``(2) public or private nonprofit institutions of higher
education that--
``(A) award associate degrees;
``(B) serve a substantial number of individuals who
receive a Federal Pell Grant;
``(C) are institutions that--
``(i) have a curriculum that includes
science or engineering subjects; and
``(ii) enter into a partnership with public
or private nonprofit institutions of higher
education that award baccalaureate degrees in
science and engineering; and
``(D) do not discriminate based on race in
admissions or hiring, including through the use of
racial quotas or preferences;
``(3) nonprofit science-oriented organizations or
professional scientific societies, that--
``(A) provide--
``(i) a needed service to individuals who
receive a Federal Pell Grant or institutions
that serve a substantial number of individuals
who receive a Federal Pell Grant; or
``(ii) in-service training for project
directors, scientists, and engineers from
institutions that serve a substantial number of
individuals who receive a Federal Pell Grant;
and
``(B) do not discriminate based on race in
admissions or hiring, including through the use of
racial quotas or preferences;
``(4) consortia of organizations, that--
``(A) ensure that neither the consortium nor any of
its members discriminate based on race in admissions,
hiring, or membership, including through the use of
racial quotas or preference; and
``(B) provide needed services to one or more
institutions that serve a substantial number of
individuals who receive a Federal Pell Grant, the
membership of which may include--
``(i) public and private nonprofit
institutions of higher education that have a
curriculum in science or engineering;
``(ii) institutions of higher education
that have a graduate or professional program in
science or engineering;
``(iii) research laboratories of, or under
contract with, the Department of Energy, the
Department of Defense, or the National
Institutes of Health;
``(iv) relevant offices of the National
Aeronautics and Space Administration, National
Oceanic and Atmospheric Administration,
National Science Foundation, and National
Institute of Standards and Technology;
``(v) quasi-governmental entities that have
a significant scientific or engineering
mission; or
``(vi) institutions of higher education
that have State-sponsored centers for research
in science, technology, engineering, and
mathematics; or
``(5) only with respect to grants under subpart 2,
partnerships of organizations, the membership of which shall
include--
``(A) at least one institution of higher education
eligible for assistance under this title;
``(B) at least one high-need local educational
agency (as defined in section 200); and
``(C) at least two community organizations or
entities, such as businesses, professional
associations, community-based organizations,
philanthropic organizations, or State agencies.
``(b) Special Rule.--Nothing in this part shall be construed to
prevent a part B institution or a Tribal College or University from
receiving a grant under this part.'';
(10) in section 362(b) (20 U.S.C. 1067h(b)), by inserting
``, and that the grant recipient does not discriminate based on
race in admissions, including through the use of racial quotas
or preferences'' after ``of this part'';
(11) in section 363 (20 U.S.C. 1067i), by striking ``The
Minority Science and Engineering Improvement Programs'' and
inserting ``The Science Opportunity Improvement Programs'';
(12) in section 364(b) (20 U.S.C. 1067j(b)), by striking
``the Minority Science and Engineering Improvement Programs''
and inserting ``the Science Opportunity Improvement Programs'';
and
(13) in section 365 (20 U.S.C. 1067k)--
(A) by striking paragraphs (2), (3), and (5);
(B) by redesignating paragraph (4) as paragraph
(2);
(C) by redesignating paragraphs (6) through (8) as
paragraphs (3) through (5), respectively;
(D) in paragraph (3), as so redesignated, by
striking ``minority students'' and inserting
``students, especially students who receive a Federal
Pell Grant'';
(E) in paragraph (5), as so redesignated, by
striking ``minority institutions'' and inserting
``institutions that serve a substantial number of
students who receive a Federal Pell Grant''; and
(F) by redesignating paragraph (9) as paragraph
(6).
(d) Strengthening Historically Black Colleges and Universities and
Tribal Colleges and Universities.--Part F of title III of the Higher
Education Act of 1965 (20 U.S.C. 1067q et seq.) is amended--
(1) in the part heading, by striking ``and other minority-
serving institutions'' and inserting ``and tribal colleges and
universities''; and
(2) in section 371 (20 U.S.C. 1067q)--
(A) in the section heading, by striking ``and other
minority-serving institutions'' and inserting ``and
tribal colleges and universities'';
(B) in subsection (a)--
(i) by striking paragraphs (2), (4), (5),
(6), and (7);
(ii) in paragraph (1), by inserting ``or''
after the semicolon; and
(iii) by redesignating paragraph (3) as
paragraph (2);
(C) in subsection (b)--
(i) in paragraph (1)(A), by striking
``$255,000,000'' and inserting
``$115,000,000''; and
(ii) by striking paragraph (2) and
inserting the following:
``(2) Allocation and allotment.--Of the amount made
available under paragraph (1)--
``(A) $85,000,000 for each fiscal year shall be
made available for allocation to eligible institutions
described in subsection (a)(1) and shall be made
available as grants under section 323 and allotted
among such institutions under section 324, treating
such amount, plus the amount appropriated for such
fiscal year in a regular or supplemental appropriation
Act to carry out part B of this title, as the amount
appropriated to carry out part B of this title for
purposes of allotments under section 324, for use by
such institutions with a priority for--
``(i) activities described in paragraphs
(1), (2), (4), (5), and (10) of section 323(a);
and
``(ii) other activities, consistent with
the institution's comprehensive plan and
designed to increase the institution's capacity
to prepare students for careers in the physical
or natural sciences, mathematics, computer
science or information technology or sciences,
engineering, language instruction in the less-
commonly taught languages or international
affairs, or nursing or allied health
professions; and
``(B) $30,000,000 for each fiscal year shall be
available for allocation to eligible institutions
described in subsection (a)(2) and shall be made
available as grants under section 316, treating such
amount, plus the amount appropriated for such fiscal
year in a regular or supplemental appropriation Act to
carry out such section, as the amount appropriated to
carry out section 316 and using such $30,000,000 for
purposes described in subsection (c) of such
section.''; and
(D) by striking subsection (c).
(e) General Provisions.--Part G of title III of the Higher
Education Act of 1965 (20 U.S.C. 1068 et seq.) is amended--
(1) in section 392 (20 U.S.C. 1068a)--
(A) in subsection (a)--
(i) in paragraph (3), by striking
``educationally disadvantaged,
underrepresented, or minority students, who
are'';
(ii) by striking paragraphs (5) and (7);
and
(iii) by redesignating paragraph (6) as
paragraph (5); and
(B) in subsection (b), by striking paragraphs (2)
and (3);
(2) in section 393 (20 U.S.C. 1068b), by striking paragraph
(2);
(3) in section 396 (20 U.S.C. 1068e)--
(A) in paragraph (3), by striking ``or'' after the
semicolon;
(B) in paragraph (4), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(5) for any activities that violate Federal civil rights
laws''; and
(4) in section 399(a)(1)--
(A) in subparagraph (A), by striking ``(other than
sections 316 through 320)'' and inserting ``(other than
section 316)''; and
(B) by striking subparagraph (C) through (F).
(f) Hispanic-Serving Institutions.--Title V of the Higher Education
Act of 1965 (20 U.S.C. 1101 et seq.) is repealed.
(g) Foreign Service Development Program.--Part C of title VI of the
Higher Education Act of 1965 (20 U.S.C. 1131 et seq.) is amended--
(1) by striking the part heading and inserting ``foreign
service development program'';
(2) in section 621 (20 U.S.C. 1131)--
(A) in subsection (a), by striking
``underrepresented populations'' and inserting ``all
people in the United States, especially individuals who
receive a Federal Pell Grant'';
(B) in subsection (b)(1)--
(i) in subparagraph (B), by striking ``or
Alaska Native or Native Hawaiian-serving
institution eligible for assistance under part
A or B of title III, or an institution eligible
for assistance under title V'';
(ii) by striking subparagraph (C); and
(iii) redesignating subparagraph (D) as
subparagraph (C);
(3) in section 622 (20 U.S.C. 1131-1)--
(A) in subsection (a), by striking ``to
historically Black colleges and universities, Hispanic-
serving institutions, tribally controlled colleges or
universities, and minority institutions,'' and
inserting ``to historically Black colleges and
universities, tribally controlled colleges or
universities, and institutions of higher education with
programs in training foreign service professionals'';
and
(B) by striking subsection (c);
(4) in section 623(a) (20 U.S.C. 1131a(a)), by striking ``,
Alaska Native-serving, Native Hawaiian-serving, and Hispanic-
serving institutions, and other institutions of higher
education with significant minority student populations'' and
inserting ``, and institutions of higher education with
programs in training foreign service professionals''; and
(5) in section 625 (20 U.S.C. 1131c)--
(A) in subsection (a), by striking ``Alaska Native-
serving, Native Hawaiian-serving, and Hispanic-serving
institutions, other institutions of higher education
with significant numbers of minority students,''; and
(B) in subsection (c)--
(i) in the subsection heading, by striking
``Interagency Committee on Minority Careers in
International Affairs'' and inserting
``Interagency Committee on Expanding Careers in
International Affairs''; and
(ii) in paragraph (1), by striking
``Interagency Committee on Minority Careers in
International Affairs'' and inserting
``Interagency Committee on Expanding Careers in
International Affairs''.
(h) Graduate and Postsecondary Improvement Programs.--Title VII of
the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended--
(1) in section 712 (20 U.S.C. 1135a)--
(A) in subsection (a), by adding at the end: ``No
department, program, or unit shall be eligible for a
grant if the program of postbaccalaureate study limits
participation based on, maintains preferences or quotas
regarding, or otherwise discriminates based, on race or
ethnicity.''; and
(B) by adding at the end the following:
``(c) Special Rule.--In making such designations under subsection
(b), the Secretary shall not consider the racial or ethnic demographics
of an area.'';
(2) by repealing section 724 (20 U.S.C. 1136b); and
(3) in section 725 (20 U.S.C. 1136c)--
(A) by striking subsection (b); and
(B) by striking ``(a)'' and all that follows
through ``There'' and inserting ``There''.
(i) Additional Programs.--Title VIII of the Higher Education Act of
1965 (20 U.S.C. 1161a et seq.) is amended--
(1) in section 897 (20 U.S.C. 1161aa), by striking
``sections 723 and 724'' and inserting ``section 723''; and
(2) by repealing section 898 (20 U.S.C. 1161aa-1).
(j) Conforming Amendments.--The Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) is amended--
(1) in section 312(d) (20 U.S.C. 1058(d)), by striking
``Except as provided in section 318(b), for'' and inserting
``For'';
(2) in section 316(d)(4)(A) (20 U.S.C. 1059c(d)(4)(A)), by
striking ``part, part B, or part A of title V'' and inserting
``part or part B'';
(3) in section 326(h) (20 U.S.C. 1063b(h)), by striking
``512, 723, 724'' and inserting ``723'';
(4) in section 402D(d)(4) (20 U.S.C. 1070a-14(d)(4)), by
striking ``or title V'';
(5) in section 402E(d)(2)(C) (20 U.S.C. 1070a-15(d)(5)(C)),
by striking ``as defined in section 320'' and inserting
``meaning any descendant of the aboriginal people of any island
in the Pacific Ocean that is a territory or possession of the
United States'';
(6) in section 435(a)(6)(A)(ii) (20 U.S.C.
1085(a)(6)(A)(ii)), by striking ``section 317 or'';
(7) in section 604(a)(4)(A) (20 U.S.C. 1124(a)(4)(A)), by
striking ``or under title V'';
(8) in section 612(c)(2)(E) (20 U.S.C. 1130-1(c)(2)(E)), by
striking ``or under title V'';
(9) in section 632(1) (20 U.S.C. 1132-1(1)), by striking
``or under title V'';
(10) in section 637(e)(1) (20 U.S.C. 1132-6(e)(1)), by
striking ``or title V'';
(11) in section 723(e) (20 U.S.C. 1136a(e)), by striking
``, 512 or 724''; and
(12) in section 807(c)(4)(B) (20 U.S.C. 1161g(c)(4)(B)), by
striking ``or title V'' each place it appears.
SEC. 4. ELIMINATING OTHER FUNDING PROVIDED TO INSTITUTIONS BASED ON THE
RACIAL OR ETHNIC BALANCE OF STUDENTS.
(a) America COMPETES Act.--
(1) Termination of national science foundation hispanic-
serving institutions undergraduate program.--Title VII of the
America COMPETES Act (42 U.S.C. 1862o et seq.) is amended--
(A) in section 7018 (42 U.S.C. 1862o-5)--
(i) by redesignating subsection (c) as
subsection (d); and
(ii) by inserting after subsection (b) the
following:
``(d) Nondiscrimination Limitation.--In awarding grants, the
Director--
``(1) shall not consider the racial or ethnic composition
of a grantee; and
``(2) shall ensure that awards are not made to grantees
that discriminate based on race or ethnicity in admissions,
including through the use of any racial or ethnic preference or
quota.'';
(B) by striking section 7020 (42 U.S.C. 1862o-7);
(C) by striking section 7033 (42 U.S.C. 1862o-12);
and
(D) by redesignating sections 7034 through 7037
through as sections 7033 through 7036, respectively.
(2) Clerical and conforming amendments.--
(A) Clerical amendments.--The table of contents in
section 2 of the America COMPETES Act (Public Law 110-
69; 121 Stat. 572) is amended--
(i) by striking the item relating to
section 7020;
(ii) by striking the item relating to
section 7033; and
(iii) by redesignating the items relating
to sections 7034 through 7037 as the items
relating to sections 7033 through 7036,
respectively.
(B) Conforming amendments.--Subtitle B of title III
of the Research and Development, Competition, and
Innovation Act (42 U.S.C. 18991 et seq.) is amended--
(i) in section 10318(a)(6)(F) (42 U.S.C.
18997(a)(6)(F)), by striking ``section 7036''
and inserting ``section 7035''; and
(ii) in section 10320(a) (42 U.S.C.
18998(a)), by striking ``section 7036(c)'' and
inserting ``section 7035(c)''.
(b) America COMPETES Reauthorization Act of 2010.--The America
COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p et seq.) is
amended--
(1) in section 101(d) (42 U.S.C. 6621(d))--
(A) in paragraph (8), by adding a semicolon at the
end; and
(B) in paragraph (9)--
(i) by striking ``in HBCUs, TCUs, and
MSIs'' and inserting ``in Historically Black
Colleges and Universities, Tribal Colleges and
Universities, and institutions that serve a
substantial number of individuals who are
receiving a Federal Pell Grant under section
401 of the Higher Education Act of 1965 (20
U.S.C. 1070a)''; and
(ii) by striking ``of HBCUs, TCUs, and
MSIs'' and inserting ``of Historically Black
Colleges and Universities, Tribal Colleges and
Universities, and institutions that serve a
substantial number of individuals who are
receiving a Federal Pell Grant'';
(2) in section 508 (42 U.S.C. 1862p-2)--
(A) in subsection (b)(2)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B) and
(C) as subparagraphs (A) and (B), respectively;
and
(B) in subsection (e)--
(i) by striking ``Limitation.--No funds''
and inserting the following: ``Limitations.--
``(1) No construction or renovation.--No funds''; and
(ii) by adding at the end the following:
``(2) No funds supporting discrimination.--In awarding
grants under this section, the Director--
``(A) shall not consider the racial or ethnic
composition of an institution of higher education
participating in a partnership; and
``(B) shall ensure that grants are not awarded
under this section to any institution of higher
education, that is, or that includes in the partnership
described in subsection (b)(1), an institution of
higher education that discriminates based on race or
ethnicity in admissions, including through the use of
any racial or ethnic preference or quota.''; and
(3) by striking section 512 (42 U.S.C. 1862p-4) and
inserting the following:
``SEC. 512. UNDERGRADUATE BROADENING PARTICIPATION PROGRAM.
``(a) In General.--The Foundation shall continue to support the
Historically Black Colleges and Universities Undergraduate Program and
the Tribal Colleges and Universities Program.
``(b) Instrumentation Rule for Undergraduate HBCU Funding.--
Notwithstanding any provision of this Act or any other law, funding for
instrumentation is an allowed use of grants awarded under grants
provided under the Historically Black Colleges and Universities
Undergraduate Program.''.
(c) American Innovation and Competitiveness Act.--Section 305 of
the American Innovation and Competitiveness Act (42 U.S.C. 1862s-5) is
amended--
(1) by striking subsections (a) through (c);
(2) by redesignating subsections (d) through (h) as
subsections (a) though (e), respectively;
(3) in subsection (a), as so redesignated--
(A) in paragraph (1), by striking
``underrepresented populations'' and all that follows
through the period at the end and inserting ``people of
the United States, including individuals receiving
Federal Pell Grants under section 401 of the Higher
Education Act of 1965 (20 U.S.C. 1070a) (referred to in
this section as `Federal Pell Grant recipients') and
low-income individuals, in STEM fields.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``underrepresented populations'' and inserting
``people of the United States, including
Federal Pell Grant recipients and low-income
individuals,''; and
(ii) in subparagraph (B), by replacing
``promote diversity'' with ``promote
participation'';
(4) in subsection (b), as so redesignated--
(A) in the subsection heading, by striking
``Diversity Among'';
(B) in paragraph (1), by striking ``individuals
from underrepresented minority groups'' and inserting
``people of the United States from all backgrounds'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``from
underrepresented minority groups'';
(ii) in subparagraph (B), by striking ``,
particularly for faculty from underrepresented
minority groups,''; and
(iii) in each of subparagraphs (C), (D),
(E), (F), and (G), by striking ``from
underrepresented minority groups''; and
(D) in paragraph (4)--
(i) by striking ``from underrepresented
minority groups'' each time the term appears;
and
(ii) by adding at the end the following:
``(C) Limitations.--In making awards under this
section, the Director of the Foundation--
``(i) shall not consider the racial or
ethnic composition of an institution of higher
education or consortium; and
``(ii) shall ensure that awards are not
made to recipients who discriminate based on
race or ethnicity in admissions, including
through the use of any racial or ethnic
preference or quota.'';
(5) in subsection (c), as so redesignated--
(A) in paragraph (1), by striking ``from minority
groups who are underrepresented in STEM fields'' and
inserting ``of all backgrounds'';
(B) in paragraph (3)--
(i) by striking ``from underrepresented
minority groups'' each time the term appears;
(ii) in subparagraph (A), by striking ``of
underrepresented minority groups'';
(iii) in subparagraph (I), by striking ``,
Tribal Colleges or Universities, and minority
serving institutions'' and inserting ``and
Tribal Colleges and Universities''; and
(iv) in subparagraph (J), by striking
``undergraduate historically Black colleges and
universities, Tribal Colleges or Universities,
and minority serving institutions'' and
inserting ``undergraduate Historically Black
Colleges and Universities, Tribal Colleges and
Universities, institutions that serve a
substantial number of Federal Pell Grant
recipients'';
(C) in paragraph (4)--
(i) in subparagraph (A), by striking ``from
underrepresented minority groups'' each time
the term appears;
(ii) in subparagraph (B), by striking
``minority serving institutions,'' and
inserting ``institutions that serve a
substantial number of Federal Pell Grant
recipients,''; and
(iii) by adding at the end the following:
``(C) No funds supporting discrimination.--
``(i) No consideration of race or
ethnicity.--In making awards under this
section, the Director of the Foundation shall
not consider the racial or ethnic composition
of an institution of higher education.
``(ii) No awards to institutions that
discriminate.--The Director shall not make an
award under this section to any institution of
higher education, that discriminates based on
race or ethnicity, including through the use of
any racial or ethnic preference or quota.'';
and
(D) in paragraph (5)(A), by striking ``from
underrepresented minority groups''; and
(6) in subsection (d)(1)(B)(ii), as so redesignated--
(A) by striking ``subsection (e)'' and inserting
``subsection (b)''; and
(B) by striking ``underrepresented''.
(d) Consolidation Appropriations Act, 2021.--Section 902 of
division N of the Consolidated Appropriations Act, 2021 (47 U.S.C.
1306) is amended--
(1) in the section heading, by striking ``connecting
minority communities'' and inserting ``connecting communities
to opportunity'';
(2) in subsection (a)--
(A) in paragraph (1)(A)(i), by striking ``a
historically Black college or university, a Tribal
College or University, or a Minority-serving
institution'' and inserting ``a historically Black
college or university or a Tribal College or
University'';
(B) in paragraph (8)--
(i) in subparagraph (B), by adding ``or''
at the end;
(ii) by striking subparagraph (C);
(iii) by redesignating subparagraph (D) as
subparagraph (C); and
(iv) in subparagraph (C), as so
redesignated, by striking ``a historically
Black college or university, a Tribal College
or University, or a Minority-serving
institution and that also includes--'' and all
that follows through ``an organization'' and
inserting the following: ``a historically Black
college or university or a Tribal College or
University and that also includes an
organization'';
(C) by striking paragraphs (10) and (11);
(D) by redesignating paragraphs (12) through (16)
as paragraphs (10) through (14), respectively;
(E) in paragraph (10), as so redesignated, by
striking ``Minority'' and inserting ``Community''; and
(F) in paragraph (11), as so redesignated, by
striking ``Connecting Minority Communities'' and
inserting ``Connecting Communities to Opportunity'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Minority'' and inserting ``Community'';
(B) in paragraph (2), by striking ``Minority'' and
inserting ``Community'';
(C) in paragraph (3)(B)--
(i) in the matter preceding clause (i), by
striking ``Minority-serving institutions,'';
(ii) in clause (ii)--
(I) in the matter preceding
subclause (I), by striking ``Minority-
serving institutions,''; and
(II) in subclause (I), by striking
``historically Black colleges or
universities, Tribal Colleges or
Universities, and Minority-serving
institutions'' and inserting
``historically Black colleges and
universities and Tribal Colleges and
Universities'';
(iii) in clause (iii)(I), by striking
``historically Black colleges or universities,
Tribal Colleges or Universities, and Minority-
serving institutions'' and inserting
``historically Black colleges and universities
and Tribal Colleges and Universities'';
(iv) in clause (iv), by striking
``Minority-serving institutions,'';
(v) in clause (vi), by striking
``historically Black colleges or universities,
Tribal Colleges or Universities, and Minority-
serving institutions'' each place that term
appears and inserting ``historically Black
colleges and universities and Tribal Colleges
and Universities''; and
(vi) in clause (vii)(I), by striking
``historically Black colleges or universities,
Tribal Colleges or Universities, and Minority-
serving institutions'' and inserting
``historically Black colleges and universities
and Tribal Colleges and Universities''; and
(D) in paragraph (4)(A)--
(i) in clause (i)(I), by striking
``historically Black colleges or universities,
Tribal Colleges or Universities, and Minority-
serving institutions'' each place that term
appears and inserting ``historically Black
colleges or universities and Tribal Colleges or
Universities''; and
(ii) in clause (ii)(I), by striking
``historically Black colleges or universities,
Tribal Colleges or Universities, and Minority-
serving institutions'' each place that term
appears and inserting ``historically Black
colleges or universities and Tribal Colleges or
Universities''; and
(4) in subsection (c)--
(A) in the subsection heading, by striking
``Connecting Minority Communities'' and inserting
``Connecting Communities to Opportunity'';
(B) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``Connecting Minority
Communities'' and inserting
``Connecting Communities to
Opportunity'';
(II) in clause (i)--
(aa) by striking ``(A),
(B), or (C)'' and inserting
``(A) or (B)''; and
(bb) by adding ``or'' at
the end;
(III) by striking clause (ii);
(IV) by redesignating clause (iii)
as clause (ii); and
(V) in clause (ii), as so
redesignated, by striking
``(a)(8)(D)(ii)'' and inserting
``(a)(8)(C)''; and
(ii) in subparagraph (B)--
(I) in clause (iii), in the matter
preceding clause (I), by striking
``(A), (B), or (C)'' and inserting
``(A) or (B)''; and
(II) in clause (vii), by striking
``(A), (B), and (C)'' and inserting
``(A) and (B)'';
(C) in paragraph (2)--
(i) in subparagraph (A), by striking
``Connecting Minority Communities'' and
inserting ``Connecting Communities to
Opportunity''; and
(ii) in subparagraph (B), by striking
``Connecting Minority Communities'' and
inserting ``Connecting Communities to
Opportunity''; and
(D) in paragraph (5), by striking ``Connecting
Minority Communities'' and inserting ``Connecting
Communities to Opportunity''.
(e) Energy Policy Act of 2004.--Section 931(d) of the Energy Policy
Act of 2004 (42 U.S.C. 16231(d)) is amended--
(1) in paragraph (1), by adding ``and'' at the end;
(2) in paragraph (2), by striking ``; and'' and inserting a
period; and
(3) by striking paragraph (3).
(f) James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023.--Section 5913 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (42 U.S.C. 19222) is amended--
(1) in subsection (b)(2)(A)(ii), by striking ``, including
minority-serving institutions''; and
(2) in subsection (c)--
(A) in the matter preceding subparagraph (A), by
striking ``, including minority serving
institutions,''; and
(B) by adding at the end the following:
``(5) Limitations.--In making awards under this section,
the Director--
``(A) shall not consider the racial or ethnic
composition of a recipient; and
``(B) shall ensure that funds under this section
are not used for programs that discriminate based on
race or ethnicity in admissions, including through the
use of any racial or ethnic preference or quota.''.
(g) National Agricultural Research, Extension, and Teaching Policy
Act of 1977.--
(1) Education grants to alaska native serving institutions
and native hawaiian serving institutions.--Section 1419B of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3156) is repealed.
(2) Repeal of agriculture education grants programs for
hispanic-serving institutions.--
(A) In general.--Section 1455 of the National
Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3241) is repealed.
(B) Conforming amendments.--
(i) Section 251(f)(1)(D) of the Department
of Agriculture Reorganization Act of 1994 (7
U.S.C. 6971(f)(1)(D)) is amended--
(I) by striking clause (vi); and
(II) by redesignating clauses (vii)
through (xii) as clauses (vi) through
(xi), respectively.
(ii) Section 1006(d) of the American Rescue
Plan Act of 2021 (7 U.S.C. 2279 note; Public
Law 117-2) is amended by striking ``, Hispanic-
serving institutions eligible to receive grants
under section 1455 of the National Agricultural
Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3241)''.
(3) Termination of support for hispanic-serving
agricultural colleges and universities.--
(A) In general.--Section 1456 of the National
Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3243) is repealed.
(B) Conforming amendments.--Section 251(f)(1)(C) of
the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6971(f)(1)(C)) is amended--
(i) by striking clause (xiv); and
(ii) by redesignating clauses (xv) and
(xvi) as clauses (xiv) and (xv), respectively.
(h) National Science Foundation Authorization Act of 1988.--Title
II of the National Science Foundation Authorization Act of 1988 (42
U.S.C. 1862a et seq.) is amended--
(1) in section 204 (42 U.S.C. 1862c)--
(A) in subsection (a)(2)--
(i) by striking subparagraph (B); and
(ii) by redesignating subparagraphs (C) and
(D) as subparagraphs (B) and (C), respectively;
and
(B) in subsection (d)(4)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B)
through (D) as subparagraphs (A) through (C),
respectively; and
(2) in section 205 (42 U.S.C. 1862d)--
(A) by striking ``Of the amounts'' and inserting
the following:
``(a) In General.--Of the amounts'';
(B) by striking ``historically'' and all that
follows through the period at the end and inserting
``Historically Black Colleges and Universities defined
as `part B institutions' by section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061), Tribal Colleges
and Universities (as defined in section 316(b) of such
Act) (20 U.S.C. 1059c(b)), institutions of higher
education that serve a substantial number of low-income
students, and institutions of higher education that
serve a substantial number of individuals who receive
Federal Pell Grants under section 401 of such Act (20
U.S.C. 1070a), subject to subsection (b).''; and
(C) by adding at the end the following:
``(b) Prohibition.--Amounts reserved under subsection (a) shall not
be provided to any institution of higher education that discriminates
based on race or ethnicity in hiring, including through the use of any
racial or ethnic preference or quota.''.
(i) National Science Foundation Authorization Act of 2002.--The
National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n
et seq.) is amended--
(1) in section 10 (42 U.S.C. 1862n-1)--
(A) in subsection (a)(5)--
(i) in subparagraph (A)--
(I) by inserting ``(i)'' before
``historically'';
(II) by inserting ``and'' after the
semicolon; and
(III) by adding at the end the
following:
``(ii) Tribal Colleges and Universities, as defined
in section 316(b) of such Act (20 U.S.C. 1059c(b));'';
and
(ii) by striking subparagraph (B) and
inserting the following:
``(B)(i) institutions that serve a substantial
number of low-income students; and
``(ii) institutions that serve a substantial number
of students who receive Federal Pell Grants under
section 401 of such Act (20 U.S.C. 1070a); and''; and
(B) in subsection (b), by adding at the end the
following:
``(3) Limitations.--The Secretary--
``(A) shall not consider the racial or ethnic
demographics of any eligible entity (including any
consortium represented by an eligible entity) when
awarding grants under this section; and
``(B) shall ensure that funds available under this
section are not awarded to any eligible entity that
discriminates on the basis of race or ethnicity in
postsecondary education admissions, including any
racial or ethnic quota or preference.'';
(2) in section 18 (42 U.S.C. 1862n-7)--
(A) in subsection (a), by striking ``on minority-
serving institutions and''; and
(B) by striking subsection (e) and inserting the
following:
``(e) Annual Certification.--The Director shall annually certify to
the Committee on Science, Space, and Technology of the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Health, Education, Labor, and
Pensions of the Senate that the Foundation--
``(1) has awarded no funds based on the racial or ethnic
composition of applicants;
``(2) has not considered applicants' racial or ethnic
composition in awarding funds; and
``(3) has not awarded funds to institutions that
discriminate based on race or ethnicity, including through the
use of any racial or ethnic preference or quota.'';
(3) by striking sections 24 and 25 (42 U.S.C. 1862n-10,
1864 note); and
(4) by redesignating section 26 as section 24.
(j) National Security Act of 1947.--Section 1024 of the National
Security Act of 1947 (50 U.S.C. 3224) is amended--
(1) in subsection (c)(1), by striking ``, Predominantly
Black Institutions, Hispanic-serving institutions, and Asian
American and Native American Pacific Islander-serving
institutions'' and inserting ``and Tribal Colleges and
Universities''; and
(2) in subsection (g)--
(A) by striking paragraphs (4), (5), and (6);
(B) by redesignating paragraph (7) as paragraph
(4); and
(C) by adding at the end the following:
``(5) Tribal college or university.--The term `Tribal
College or University' has the meaning given the term in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).''.
(k) Research and Development, Competition, and Innovation Act.--
(1) In general.--The Research and Development, Competition,
and Innovation Act (42 U.S.C. 18901 et seq.) is amended--
(A) in section 10002 (42 U.S.C. 18901)--
(i) by striking paragraph (19);
(ii) by redesignating paragraphs (10)
through (18) as paragraphs (11) through (19),
respectively; and
(iii) by inserting after paragraph (9) the
following:
``(10) Federal pell grant recipient.--The term `Federal
Pell Grant recipient' means an individual receiving a Federal
Pell Grant under section 401 of the Higher Education Act of
1965 (20 U.S.C. 1070a).'';
(B) in section 10235(a) (42 U.S.C. 18940(a))--
(i) in paragraph (1), by striking
``historically Black colleges and universities,
Tribal Colleges and Universities, and minority-
serving institutions,'' and inserting
``historically Black colleges and universities
and Tribal Colleges and Universities,'' each
place the term appears;
(ii) by striking paragraph (2); and
(iii) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively;
(C) in section 10262(b) (42 U.S.C. 18971(b))--
(i) by striking paragraphs (3) and (4);
(ii) by inserting after paragraph (2) the
following:
``(3) an institution that serves a substantial number of
Federal Pell Grant recipients; and''; and
(iii) by redesignating paragraph (5) as
paragraph (4);
(D) in section 10312(e) (42 U.S.C. 18992(e))--
(i) in paragraph (2)(B), by striking
``historically Black colleges and universities,
Tribal Colleges or Universities, minority
serving institutions and community colleges''
and inserting ``historically Black colleges and
universities, Tribal Colleges and Universities,
institutions that serve a substantial number of
low-income students,'';
(ii) in paragraph (3), by striking
``minority-serving institutions,'' and
inserting ``institutions that serve a
substantial number of Federal Pell Grant
recipients,'';
(iii) by redesignating paragraph (4) as
paragraph (5); and
(iv) by inserting after paragraph (3) the
following:
``(4) Limitations.--In making awards under this subsection,
the Director--
``(A) shall not consider the racial or ethnic
composition of a recipient; and
``(B) shall ensure that funds under this subsection
are not used for programs that discriminate based on
race or ethnicity in admissions, including through the
use of any racial or ethnic preference or quota.'';
(E) in section 10313(d)(4) (42 U.S.C. 18993(d)(4)),
by striking subparagraph (B) and inserting the
following:
``(B) a requirement that the institution shall
not--
``(i) consider the racial or ethnic
composition of a recipient; and
``(ii) use funds under this section for
programs that discriminate based on race or
ethnicity in admissions, including through the
use of any racial or ethnic preference or
quota.'';
(F) in section 10318(b) (42 U.S.C. 18997(b))--
(i) in paragraph (5), by striking
``historically Black colleges and universities,
Tribal Colleges or Universities, and minority-
serving institutions or that include
partnerships with or among such institutions to
increase the recruitment of students from
groups historically underrepresented in STEM''
and inserting ``historically Black colleges and
universities, Tribal Colleges and Universities,
and institutions that serve a substantial
number of Federal Pell Grant recipients or that
include partnerships with or among such
institutions''; and
(ii) by striking paragraph (6) and
inserting the following:
``(6) Limitations.--In making awards under this section,
the Director--
``(A) shall not consider the racial or ethnic
composition of a recipient; and
``(B) shall ensure that funds are not used for
programs that discriminate based on race or ethnicity
in admissions, including through the use of any racial
or ethnic preference or quota.'';
(G) in section 10322 (42 U.S.C. 19011)--
(i) by striking paragraph (3) of subsection
(b) and inserting the following:
``(3) institutions that serve a substantial number of
Federal Pell Grant recipients;''; and
(ii) by adding at the end the following:
``(c) Limitations.--In conducting outreach under this section, the
Director shall not consider the racial or ethnic composition of
institutions or other entities.'';
(H) in section 10325 (42 U.S.C. 19014)--
(i) in subsection (a)--
(I) in paragraph (3)--
(aa) in subparagraph
(C)(iv), by striking
``historically Black colleges
and universities, Tribal
Colleges or Universities, and
minority serving
institutions,'' and inserting
``historically Black colleges
and universities, Tribal
Colleges and Universities, and
institutions that serve a
substantial number of Federal
Pell Grant recipients,'';
(bb) in subparagraph
(F)(ii), by striking
``historically Black colleges
and universities, Tribal
Colleges or Universities,
minority-serving
institutions,'' and inserting
``historically Black colleges
and universities, Tribal
Colleges and Universities,
institutions that serve a
substantial number of Federal
Pell Grant recipients,''; and
(cc) in subparagraph
(G)(ii), by striking
``Historically black colleges
and universities, Tribal
Colleges or Universities,
minority-serving
institutions,'' and inserting
``historically Black colleges
and universities, Tribal
Colleges and Universities,
institutions that serve a
substantial number of Federal
Pell Grant recipients,''; and
(II) by adding at the end the
following:
``(4) Limitations.--In awarding funding and carrying out
activities under this subsection, the Director--
``(A) shall not consider the racial or ethnic
composition of a recipient; and
``(B) shall ensure that funds under this subsection
are not used for programs that discriminate based on
race or ethnicity in admissions, including through the
use of any racial or ethnic preference or quota.''; and
(ii) in subsection (b)(1), by striking
``and diverse backgrounds'';
(I) by repealing section 10326 (42 U.S.C. 19015);
(J) by repealing section 10327 (42 U.S.C. 19016);
(K) by repealing section 10328 (42 U.S.C. 19017);
(L) in section 10330 (42 U.S.C. 19018)--
(i) in subsection (b)(3), by striking ``a
historically Black college or university, a
Tribal college or university, or a minority-
serving institution (including a Hispanic-
serving institution or an institution of higher
education with an established STEM capacity
building program focused on Native Hawaiians or
Alaska Natives)'' and inserting ``a
historically Black college or university, a
Tribal college or university, or an institution
of higher education that serves a substantial
number of Federal Pell Grant recipients'';
(ii) by redesignating subsection (d) as
subsection (e); and
(iii) by inserting after subsection (c) the
following:
``(d) Limitations.--In conducting such pilot programs, the
Director--
``(1) shall not consider the racial or ethnic composition
of any entity; and
``(2) shall ensure that pilot program participant or
recipient entities do not discriminate based on race or
ethnicity in admissions, including through the use of any
racial or ethnic preference or quota.'';
(M) in section 10383(3) (42 U.S.C. 19103(3)), by
striking ``minority-serving institutions'' and
inserting ``institutions that serve a substantial
number of Federal Pell Grant recipients'';
(N) in section 10388(e) (42 U.S.C. 19108(e))--
(i) in paragraph (2), by striking clause
(iii) and inserting the following:
``(iii) an institution that serves a
substantial number of Federal Pell Grant
recipients;''; and
(ii) by adding at the end the following:
``(6) Limitations.--In making awards under this section,
the Director--
``(A) shall not consider the racial or ethnic
composition of a recipient; and
``(B) shall ensure that funds under this section
are not used for programs that discriminate based on
race or ethnicity in admissions, including through the
use of any racial or ethnic preference or quota.'';
(O) in section 10393 (42 U.S.C. 19113), by striking
subsection (c) and inserting the following:
``(c) Limitations.--In making awards under this section, the
Director--
``(1) shall not consider the racial or ethnic composition
of an institutional recipient (including a consortium) or the
race or ethnicity of an individual recipient; and
``(2) shall ensure that funds awarded under this section to
an institution or a consortium are not used for programs that
discriminate based on race or ethnicity in admissions,
including through the use of any racial or ethnic preference or
quota.'';
(P) in section 10402 (42 U.S.C. 19132), by striking
subsection (c) and inserting the following:
``(c) Expanding Participation.--The Initiative shall include
outreach to primarily undergraduate and historically Black colleges and
universities, Tribal Colleges and Universities, and institutions that
serve a substantial number of Federal Pell Grant recipients about
Initiative opportunities, and shall encourage the development of
research collaborations between research-intensive universities and
primarily undergraduate and historically Black colleges and
universities, Tribal Colleges and Universities, and institutions that
serve a substantial number of Federal Pell Grant recipients, provided
that the Initiative shall not make outreach decisions based on the
racial or ethnic composition of an institution.'';
(Q) in section 10522 (42 U.S.C. 19181)--
(i) in each of subsections (a) through (c),
by striking ``HBCUs, TCUs, and MSIs'' each
place the term appears and inserting ``HBCUs,
TCUs, and institutions that serve a substantial
number of Federal Pell Grant recipients'';
(ii) by redesignating subsections (d) and
(e) as subsections (e) and (f), respectively;
and
(iii) by inserting after subsection (c) the
following:
``(d) Limitation.--No policy guidelines developed under this
section shall require or authorize Federal research agencies to in any
way consider the racial or ethnic composition of any institution,
including for outreach, funding, or any other purpose.'';
(R) in section 10523 (42 U.S.C. 19182)--
(i) by striking ``HBCUs, TCUs, and MSIs''
each place the term appears and inserting
``HBCUs, TCUs, and institutions that serve a
substantial number of Federal Pell Grant
recipients'';
(ii) by striking ``underrepresented
minority'' each place the term appears;
(iii) in subsection (a)(2), by striking
``minority students pursuing STEM studies and
careers in which such students are
underrepresented'' and inserting ``Federal Pell
Grant recipients pursuing STEM studies and
careers in which such recipients are
underrepresented'';
(iv) in subsection (c), by striking
``HBCUs, TCUs, or MSIs'' and inserting ``HBCUs,
TCUs, or institutions that serve a substantial
number of Federal Pell Grant recipients''; and
(v) by adding at the end the following:
``(d) Limitations.--In making awards under this section, the
Director--
``(1) shall not consider the racial or ethnic composition
of a recipient; and
``(2) shall ensure that funds under this section are not
used for programs that discriminate based on race or ethnicity
in admissions, including through the use of any racial or
ethnic preference or quota.'';
(S) in section 10524 (42 U.S.C. 19183)--
(i) in subsection (b)(1)--
(I) in subparagraph (B), by
inserting ``or'' after the semicolon;
(II) by striking subparagraphs (C)
and (D) and inserting the following:
``(C) an institution that serves a substantial
number of Federal Pell Grant recipients; or''; and
(III) by redesignating subparagraph
(E) as subparagraph (D);
(ii) in subsection (c)(3), by striking
``HBCUs, TCUs, or MSIs'' and inserting ``HBCUs,
TCUs, or institutions that serve a substantial
number of Federal Pell Grant recipients'';
(iii) in subsection (e)(1)(J), by striking
``HBCUs, TCUs, and MSIs'' and inserting
``HBCUs, TCUs, or institutions that serve a
substantial number of Federal Pell Grant
recipients'';
(iv) in subsection (f)--
(I) in the subsection heading, by
striking ``MSI Centers of Innovation''
and inserting ``Centers of
Innovation'';
(II) by striking ``MSI Centers of
Innovation'' and inserting ``Centers of
Innovation'';
(III) by striking ``HBCUs, TCUs,
and MSIs'' each place the term appears
and inserting ``HBCUs, TCUs, and
institutions that serve a substantial
number of Federal Pell Grant
recipients''; and
(IV) by striking ``HBCUs, TCUs, or
MSIs'' each place the term appears and
inserting ``HBCUs, TCUs, or
institutions that serve a substantial
number of Federal Pell Grant
recipients'';
(v) by redesignating subsections (g)
through (i) as subsections (h) through (j),
respectively; and
(vi) by inserting after subsection (f) the
following:
``(g) Limitations.--In making awards under this section, the
Director--
``(1) shall not consider the racial or ethnic composition
of a recipient; and
``(2) shall ensure that funds under this section are not
used for programs that discriminate based on race or ethnicity
in admissions, including by the use of racial or ethnic
preferences.'';
(T) in section 10526 (42 U.S.C. 19184)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraph (4) as
paragraph (3); and
(U) in section 10601 (42 U.S.C. 19211)--
(i) in subsection (c)(3), by striking
subparagraph (C) and inserting the following:
``(C) institutions that serve a substantial number
of Federal Pell Grant recipients;''; and
(ii) by striking subsection (d) and
inserting the following:
``(d) Special Consideration.--The Director of the National Science
Foundation shall give special consideration and priority to an
application from an individual who graduated from or is intending to
carry out research at an institution of the type specified in
subsection (c)(3), provided that the Director does not--
``(1) in any way consider the race or ethnicity of any
applicant or the racial or ethnic composition of the
institution from which the individual graduated or intends to
carry out research; or
``(2) maintain racial or ethnic quotas or preferences for
applicants.''.
(2) Clerical amendments.--Public Law 117-167 (136 Stat.
1366) is amended--
(A) in the table of contents in section 1, by
striking the items relating to sections 10326, 10327,
and 10328; and
(B) in the table of contents in section 10000, by
striking the items relating to sections 10326, 10327,
and 10328.
(l) Stevenson-Wydler Technology Innovation Act of 1980.--Section
5(c) of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3704(c)) is amended--
(1) in the subsection heading, by striking ``Minority
Serving Institution'';
(2) in paragraph (1), by striking ``Minority Serving
Institution'';
(3) in paragraph (2)--
(A) in subparagraph (B), by striking ``minority'';
and
(B) in subparagraph (C), by striking ``minority
serving'';
(4) in paragraph (3)(B), by striking ``, including minority
businesses''; and
(5) in paragraph (8)--
(A) in subparagraph (B)--
(i) by striking clauses (ii), (iv), (v),
(vi), (vii), (viii), and (ix);
(ii) in clause (i), by striking the
semicolon and inserting ``; or'';
(iii) by redesignating clause (iii) as
clause (ii); and
(iv) in clause (ii), as redesignated by
clause (iii), by striking the semicolon at the
end and inserting a period;
(B) by striking subparagraphs (E) and (F); and
(C) by redesignating subparagraphs (G) and (H) as
subparagraphs (E) and (F), respectively.
SEC. 5. INCREASING FUNDING FOR FEDERAL PELL GRANTS.
Section 401(b) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)) is amended--
(1) in paragraph (5)(A)--
(A) in clause (i), by striking ``and'';
(B) in clause (ii), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) beginning in award year 2028-2029
and for each subsequent award year, an
additional amount equal to the quotient of--
``(I) the amount of the
appropriation under paragraph (7)(A)(v)
for the fiscal year that includes the
first day of the award year; divided by
``(II) the number of students
expected to be eligible for Federal
Pell Grants for such award year, as
determined by the Secretary.''; and
(2) in paragraph (7)--
(A) in subparagraph (A)--
(i) in clause (iii), by striking ``and''
after the semicolon;
(ii) in clause (iv), by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(v) the amount determined under
subparagraph (C) for fiscal year 2028 and each
succeeding fiscal year.'';
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following:
``(C) Amount of additional appropriations.--
``(i) First-year rule.--For fiscal year
2028, the amount determined under this
subparagraph shall be the amount of savings to
the Federal Government generated by the
amendments made by sections 3 and 4 of the PELL
Act of 2025 for the first full fiscal year
following the date of enactment of such Act--
``(I) as compared to the full
fiscal year immediately preceding such
Act; and
``(II) as determined by the
Director of the Office of Management
and Budget.
``(ii) Inflation adjustments.--For fiscal
year 2029 and each subsequent fiscal year, the
amount determined under this subparagraph shall
be the amount determined under this
subparagraph for the preceding fiscal year,
increased by the percentage increase, if any,
in the Chained Consumer Price Index for All
Urban Consumers for the most recent full
calendar year.
``(iii) Two-year availability.--The amount
appropriated for a fiscal year, as determined
in accordance with this subparagraph, shall
remain available until the last day of the
fiscal year following the fiscal year for which
the determination is made.''.
SEC. 6. IDENTIFICATION OF PROVISIONS RELATING TO MINORITY-SERVING
INSTITUTIONS; PROHIBITION.
(a) Minority-Serving Institution.--In this section, the term
``minority-serving institution'' means--
(1) a Hispanic-serving institution, as defined in section
502 of the Higher Education Act of 1965 (20 U.S.C. 1101a);
(2) a Predominantly Black Institution, as defined in
section 318 of the Higher Education Act of 1965 (20 U.S.C.
1059e);
(3) an Asian American and Native American Pacific Islander-
serving institution, as defined in section 320(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059g(b));
(4) an Alaska Native-serving institution, as defined in
section 317(b) of the Higher Education Act of 1965 (20 U.S.C.
1059d(b)); or
(5) a Native Hawaiian-serving institution, as defined in
section 317(b) of the Higher Education Act of 1965 (20 U.S.C.
1059d(b)).
(b) Identification of Provisions Relating to Minority-Serving
Institutions.--Not later than 1 year after the date of enactment of
this Act, the head of each Federal agency shall--
(1) conduct a review of the Federal laws carried out by
that Federal agency and identify each provision in such Federal
laws (including those described in this Act and those not
described in this Act) that--
(A) include the term ``minority-serving
institution'' or include any of the terms described in
paragraphs (1) through (5) of subsection (a); or
(B) include provisions--
(i) allocating funding only to a minority-
serving institution; or
(ii) authorizing or requiring a preference
for a minority-serving institution with respect
to Federal financial assistance; and
(2) provide Congress with a full list of the provisions
identified under paragraph (1).
(c) Prohibition.--In making an award of Federal financial
assistance to an institution of higher education (as defined in section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) or another
postsecondary educational institution, the Federal Government shall
not--
(1) consider the racial or ethnic makeup of a recipient
institution; or
(2) award funds to a recipient institution that
discriminates based on race or ethnicity, including through the
use of quotas or preferences.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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