119-s1253

[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.).''.
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