[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3396 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3396

 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

                            December 5, 2023

 Mr. Vance (for himself, Mr. Budd, Mr. Braun, Mr. Schmitt, Mr. Rubio, 
and Mr. Hawley) 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 2023''.

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 American 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 and title VI 
        of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). The 
        Court further held that ``universities may not simply establish 
        through application essays or other means the regime we hold 
        unlawful today''.
            (4) Following the Court's ruling, several American colleges 
        and universities issued statements or unveiled new policies at 
        odds with its letter and spirit.
            (5) 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.
            (6) 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 the Workforce 
                of the House of Representatives; and
                    ``(D) the Subcommittee on Labor, Health and Human 
                Services, Education 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.
    ``(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 2023.''.
    (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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