Section 1 Short title
This Act may be cited as the “Promoting Equal Learning and Liberty Act” or the “PELL Act”.
Promoting Equal Learning and Liberty Act
A BILL
To eliminate certain higher education funding to certain minority-serving institutions, and for other purposes.
Sec. 2 Findings
Congress finds the following:
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.
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.
The ruling in Students for Fair Admissions v. President and Fellows of Harvard College reaffirmed a core constitutional prohibition against racial quotas and preferences.
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.
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.
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.
In addition, the Minority-Serving Institution programs provide a financial incentive for colleges and universities to discriminate on the basis of race in admissions.
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.
As constituted, these grant programs exceed the spending power of Congress because they induce invidious discrimination.
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.
Race and ethnicity are arbitrary proxies for need.
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.
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
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—
by striking clauses (ii), (iv), (v), (vi), (vii), and (viii);
in clause (i), by inserting “or” after the semicolon; and
by redesignating clause (iii) as clause (ii).
Strengthening institutions— Part A of title III of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.) is amended—
in section 312(b)(1)—
in subparagraph (E), by striking “and” after the semicolon; and
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”
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).
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—
in the part heading, by striking “Minority”;
in section 350 (20 U.S.C. 1067)—
in paragraph (2)—
in the first sentence, by striking “As the Nation's population becomes more diverse, it is” and inserting “It is”; and
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”;
by striking paragraph (3);
be redesignating paragraph (4) as paragraph (3); and
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”;
in section 351 (20 U.S.C. 1067a)—
in subsection (a), by striking “Minority Institutions Science Improvement Program” and inserting “Science Opportunity Improvement Program”; and
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”;
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”;
in section 353(b)(4) (20 U.S.C. 1067c(b)(4))—
in subparagraph (G), by striking “minority undergraduate students” and inserting “students who receive a Federal Pell Grant”; and
in subparagraph (I), by striking “minorities” and inserting “individuals who receive a Federal Pell Grant”;
in section 355(a) (20 U.S.C. 1067e(a))—
by striking “underrepresented minority youth and”; and
by striking “underrepresented minority youth or”;
in section 356 (20 U.S.C. 1067e–1)—
in subsection (b)—
by striking paragraph (3);
in paragraph (2), by inserting “and” after the semicolon; and
by redesignating paragraph (4) as paragraph (3);
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.”
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.”
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,”;
by amending section 361 (20 U.S.C. 1067g) to read as follows:
“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.”
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”;
in section 363 (20 U.S.C. 1067i), by striking “The Minority Science and Engineering Improvement Programs” and inserting “The Science Opportunity Improvement Programs”;
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
in section 365 (20 U.S.C. 1067k)—
by striking paragraphs (2), (3), and (5);
by redesignating paragraph (4) as paragraph (2);
by redesignating paragraphs (6) through (8) as paragraphs (3) through (5), respectively;
in paragraph (3), as so redesignated, by striking “minority students” and inserting “students, especially students who receive a Federal Pell Grant”;
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
by redesignating paragraph (9) as paragraph (6).
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—
in the part heading, by striking “and other minority-serving institutions” and inserting “and Tribal Colleges and Universities”; and
in section 371 (20 U.S.C. 1067q)—
in the section heading, by striking “and other minority-serving institutions” and inserting “and Tribal Colleges and Universities”;
in subsection (a)—
by striking paragraphs (2), (4), (5), (6), and (7);
in paragraph (1), by inserting “or” after the semicolon; and
by redesignating paragraph (3) as paragraph (2);
in subsection (b)—
in paragraph (1)(A), by striking “$255,000,000” and inserting “$115,000,000”; and
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.”
by striking subsection (c).
General provisions— Part G of title III of the Higher Education Act of 1965 (20 U.S.C. 1068 et seq.) is amended—
in section 392 (20 U.S.C. 1068a)—
in subsection (a)—
in paragraph (3), by striking “educationally disadvantaged, underrepresented, or minority students, who are”;
by striking paragraphs (5) and (7); and
by redesignating paragraph (6) as paragraph (5); and
in subsection (b), by striking paragraphs (2) and (3);
in section 393 (20 U.S.C. 1068b), by striking paragraph (2);
in section 396 (20 U.S.C. 1068e)—
in paragraph (3), by striking “or” after the semicolon;
in paragraph (4), by striking the period at the end and inserting “; or”; and
by adding at the end the following:
“(5) for any activities that violate Federal civil rights laws”
in section 399(a)(1)—
in subparagraph (A), by striking “(other than sections 316 through 320)” and inserting “(other than section 316)”; and
by striking subparagraph (C) through (F).
Hispanic-Serving institutions— Title V of the Higher Education Act of 1965 (20 U.S.C. 1101 et seq.) is repealed.
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—
by striking the part heading and inserting “Foreign Service Development Program”;
in section 621 (20 U.S.C. 1131)—
in subsection (a), by striking “underrepresented populations” and inserting “all people in the United States, especially individuals who receive a Federal Pell Grant”;
in subsection (b)(1)—
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”;
by striking subparagraph (C); and
redesignating subparagraph (D) as subparagraph (C);
in section 622 (20 U.S.C. 1131–1)—
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
by striking subsection (c);
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
in section 625 (20 U.S.C. 1131c)—
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
in subsection (c)—
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
in paragraph (1), by striking “Interagency Committee on Minority Careers in International Affairs” and inserting “Interagency Committee on Expanding Careers in International Affairs”.
Graduate and postsecondary improvement programs— Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended—
in section 712 (20 U.S.C. 1135a)—
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
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.”
by repealing section 724 (20 U.S.C. 1136b); and
in section 725 (20 U.S.C. 1136c)—
by striking subsection (b); and
by striking “(a)” and all that follows through “There” and inserting “There”.
Additional programs— Title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161a et seq.) is amended—
in section 897 (20 U.S.C. 1161aa), by striking “sections 723 and 724” and inserting “section 723”; and
by repealing section 898 (20 U.S.C. 1161aa–1).
in section 312(d) (20 U.S.C. 1058(d)), by striking “Except as provided in section 318(b), for” and inserting “For”;
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”;
in section 326(h) (20 U.S.C. 1063b(h)), by striking “512, 723, 724” and inserting “723”;
in section 402D(d)(4) (20 U.S.C. 1070a–14(d)(4)), by striking “or title V”;
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”;
in section 435(a)(6)(A)(ii) (20 U.S.C. 1085(a)(6)(A)(ii)), by striking “section 317 or”;
in section 604(a)(4)(A) (20 U.S.C. 1124(a)(4)(A)), by striking “or under title V”;
in section 612(c)(2)(E) (20 U.S.C. 1130–1(c)(2)(E)), by striking “or under title V”;
in section 632(1) (20 U.S.C. 1132–1(1)), by striking “or under title V”;
in section 637(e)(1) (20 U.S.C. 1132–6(e)(1)), by striking “or title V”;
in section 723(e) (20 U.S.C. 1136a(e)), by striking “, 512 or 724”; and
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
America COMPETES Act—
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—
in section 7018 (42 U.S.C. 1862o–5)—
by redesignating subsection (c) as subsection (d); and
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.”
by striking section 7020 (42 U.S.C. 1862o–7);
by striking section 7033 (42 U.S.C. 1862o–12); and
by redesignating sections 7034 through 7037 through as sections 7033 through 7036, respectively.
Clerical and conforming amendments—
Clerical amendments— The table of contents in section 2 of the America COMPETES Act (Public Law 110–69; 121 Stat. 572) is amended—
by striking the item relating to section 7020;
by striking the item relating to section 7033; and
by redesignating the items relating to sections 7034 through 7037 as the items relating to sections 7033 through 7036, respectively.
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—
in section 10318(a)(6)(F) (42 U.S.C. 18997(a)(6)(F)), by striking “section 7036” and inserting “section 7035”; and
in section 10320(a) (42 U.S.C. 18998(a)), by striking “section 7036(c)” and inserting “section 7035(c)”.
America COMPETES Reauthorization Act of 2010— The America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p et seq.) is amended—
in section 101(d) (42 U.S.C. 6621(d))—
in paragraph (8), by adding a semicolon at the end; and
in paragraph (9)—
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
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”;
in section 508 (42 U.S.C. 1862p–2)—
in subsection (b)(2)—
by striking subparagraph (A); and
by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and
in subsection (e)—
by striking “Limitation.—No funds” and inserting the following: “Limitations.—
“(1) No construction or renovation—No funds”
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.”
by striking section 512 (42 U.S.C. 1862p–4) and inserting the following:
“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.”
American Innovation and Competitiveness Act— Section 305 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s–5) is amended—
by striking subsections (a) through (c);
by redesignating subsections (d) through (h) as subsections (a) though (e), respectively;
in subsection (a), as so redesignated—
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
in paragraph (2)—
in subparagraph (A), by striking “underrepresented populations” and inserting “people of the United States, including Federal Pell Grant recipients and low-income individuals,”; and
in subparagraph (B), by replacing “promote diversity” with “promote participation”;
in subsection (b), as so redesignated—
in the subsection heading, by striking “diversity among”;
in paragraph (1), by striking “individuals from underrepresented minority groups” and inserting “people of the United States from all backgrounds”;
in paragraph (3)—
in subparagraph (A), by striking “from underrepresented minority groups”;
in subparagraph (B), by striking “, particularly for faculty from underrepresented minority groups,”; and
in each of subparagraphs (C), (D), (E), (F), and (G), by striking “from underrepresented minority groups”; and
in paragraph (4)—
by striking “from underrepresented minority groups” each time the term appears; and
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.”
in subsection (c), as so redesignated—
in paragraph (1), by striking “from minority groups who are underrepresented in STEM fields” and inserting “of all backgrounds”;
in paragraph (3)—
by striking “from underrepresented minority groups” each time the term appears;
in subparagraph (A), by striking “of underrepresented minority groups”;
in subparagraph (I), by striking “, Tribal Colleges or Universities, and minority serving institutions” and inserting “and Tribal Colleges and Universities”; and
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”;
in paragraph (4)—
in subparagraph (A), by striking “from underrepresented minority groups” each time the term appears;
in subparagraph (B), by striking “minority serving institutions,” and inserting “institutions that serve a substantial number of Federal Pell Grant recipients,”; and
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.”
in paragraph (5)(A), by striking “from underrepresented minority groups”; and
in subsection (d)(1)(B)(ii), as so redesignated—
by striking “subsection (e)” and inserting “subsection (b)”; and
by striking “underrepresented”.
Consolidation Appropriations Act, 2021— Section 902 of division N of the Consolidated Appropriations Act, 2021 (47 U.S.C. 1306) is amended—
in the section heading, by striking “connecting minority communities” and inserting “connecting communities to opportunity”;
in subsection (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”;
in paragraph (8)—
in subparagraph (B), by adding “or” at the end;
by striking subparagraph (C);
by redesignating subparagraph (D) as subparagraph (C); and
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”;
by striking paragraphs (10) and (11);
by redesignating paragraphs (12) through (16) as paragraphs (10) through (14), respectively;
in paragraph (10), as so redesignated, by striking “Minority” and inserting “Community”; and
in paragraph (11), as so redesignated, by striking “Connecting Minority Communities” and inserting “Connecting Communities to Opportunity”;
in subsection (b)—
in the subsection heading, by striking “Minority” and inserting “Community”;
in paragraph (2), by striking “Minority” and inserting “Community”;
in paragraph (3)(B)—
in the matter preceding clause (i), by striking “Minority-serving institutions,”;
in clause (ii)—
in the matter preceding subclause (I), by striking “Minority-serving institutions,”; and
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”;
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”;
in clause (iv), by striking “Minority-serving institutions,”;
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
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
in paragraph (4)(A)—
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
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
in subsection (c)—
in the subsection heading, by striking “Connecting Minority Communities” and inserting “Connecting Communities to Opportunity”;
in paragraph (1)—
in subparagraph (A)—
in the matter preceding clause (i), by striking “Connecting Minority Communities” and inserting “Connecting Communities to Opportunity”;
in clause (i)—
by striking “(A), (B), or (C)” and inserting “(A) or (B)”; and
by adding “or” at the end;
by striking clause (ii);
by redesignating clause (iii) as clause (ii); and
in clause (ii), as so redesignated, by striking “(a)(8)(D)(ii)” and inserting “(a)(8)(C)”; and
in subparagraph (B)—
in clause (iii), in the matter preceding clause (I), by striking “(A), (B), or (C)” and inserting “(A) or (B)”; and
in clause (vii), by striking “(A), (B), and (C)” and inserting “(A) and (B)”;
in paragraph (2)—
in subparagraph (A), by striking “Connecting Minority Communities” and inserting “Connecting Communities to Opportunity”; and
in subparagraph (B), by striking “Connecting Minority Communities” and inserting “Connecting Communities to Opportunity”; and
in paragraph (5), by striking “Connecting Minority Communities” and inserting “Connecting Communities to Opportunity”.
Energy Policy Act of 2004— Section 931(d) of the Energy Policy Act of 2004 (42 U.S.C. 16231(d)) is amended—
in paragraph (1), by adding “and” at the end;
in paragraph (2), by striking “; and” and inserting a period; and
by striking paragraph (3).
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—
in subsection (b)(2)(A)(ii), by striking “, including minority-serving institutions”; and
in subsection (c)—
in the matter preceding subparagraph (A), by striking “, including minority serving institutions,”; and
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.”
National Agricultural Research, Extension, and Teaching Policy Act of 1977—
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.
Repeal of Agriculture Education Grants Programs for Hispanic-serving institutions—
In general— Section 1455 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3241) is repealed.
Conforming amendments—
Section 251(f)(1)(D) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(D)) is amended—
by striking clause (vi); and
by redesignating clauses (vii) through (xii) as clauses (vi) through (xi), respectively.
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)”.
Termination of support for Hispanic-serving agricultural colleges and universities—
In general— Section 1456 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3243) is repealed.
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—
by striking clause (xiv); and
by redesignating clauses (xv) and (xvi) as clauses (xiv) and (xv), respectively.
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—
in section 204 (42 U.S.C. 1862c)—
in subsection (a)(2)—
by striking subparagraph (B); and
by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and
in subsection (d)(4)—
by striking subparagraph (A); and
by redesignating subparagraphs (B) through (D) as subparagraphs (A) through (C), respectively; and
in section 205 (42 U.S.C. 1862d)—
by striking “Of the amounts” and inserting the following:
“(a) In general—Of the amounts”
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
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.”
National Science Foundation Authorization Act of 2002— The National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n et seq.) is amended—
in section 10 (42 U.S.C. 1862n–1)—
in subsection (a)(5)—
in subparagraph (A)—
by inserting “(i)” before “historically”;
by inserting “and” after the semicolon; and
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));”
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”
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.”
in section 18 (42 U.S.C. 1862n–7)—
in subsection (a), by striking “on minority-serving institutions and”; and
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.”
by striking sections 24 and 25 (42 U.S.C. 1862n–10, 1864 note); and
by redesignating section 26 as section 24.
National Security Act of 1947— Section 1024 of the National Security Act of 1947 (50 U.S.C. 3224) is amended—
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
in subsection (g)—
by striking paragraphs (4), (5), and (6);
by redesignating paragraph (7) as paragraph (4); and
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)).”
Research and Development, Competition, and Innovation Act—
In general— The Research and Development, Competition, and Innovation Act (42 U.S.C. 18901 et seq.) is amended—
in section 10002 (42 U.S.C. 18901)—
by striking paragraph (19);
by redesignating paragraphs (10) through (18) as paragraphs (11) through (19), respectively; and
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).”
in section 10235(a) (42 U.S.C. 18940(a))—
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;
by striking paragraph (2); and
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
in section 10262(b) (42 U.S.C. 18971(b))—
by striking paragraphs (3) and (4);
by inserting after paragraph (2) the following:
“(3) an institution that serves a substantial number of Federal Pell Grant recipients; and”
by redesignating paragraph (5) as paragraph (4);
in section 10312(e) (42 U.S.C. 18992(e))—
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,”;
in paragraph (3), by striking “minority-serving institutions,” and inserting “institutions that serve a substantial number of Federal Pell Grant recipients,”;
by redesignating paragraph (4) as paragraph (5); and
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.”
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.”
in section 10318(b) (42 U.S.C. 18997(b))—
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
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.”
in section 10322 (42 U.S.C. 19011)—
by striking paragraph (3) of subsection (b) and inserting the following:
“(3) institutions that serve a substantial number of Federal Pell Grant recipients;”
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.”
in section 10325 (42 U.S.C. 19014)—
in subsection (a)—
in paragraph (3)—
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,”;
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
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
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.”
in subsection (b)(1), by striking “and diverse backgrounds”;
by repealing section 10326 (42 U.S.C. 19015);
by repealing section 10327 (42 U.S.C. 19016);
by repealing section 10328 (42 U.S.C. 19017);
in section 10330 (42 U.S.C. 19018)—
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”;
by redesignating subsection (d) as subsection (e); and
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.”
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”;
in section 10388(e) (42 U.S.C. 19108(e))—
in paragraph (2), by striking clause (iii) and inserting the following:
“(iii) an institution that serves a substantial number of Federal Pell Grant recipients;”
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.”
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.”
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.”
in section 10522 (42 U.S.C. 19181)—
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”;
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
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.”
in section 10523 (42 U.S.C. 19182)—
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”;
by striking “underrepresented minority” each place the term appears;
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”;
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
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.”
in section 10524 (42 U.S.C. 19183)—
in subsection (b)(1)—
in subparagraph (B), by inserting “or” after the semicolon;
by striking subparagraphs (C) and (D) and inserting the following:
“(C) an institution that serves a substantial number of Federal Pell Grant recipients; or”
by redesignating subparagraph (E) as subparagraph (D);
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”;
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”;
in subsection (f)—
in the subsection heading, by striking “MSI Centers of Innovation” and inserting “Centers of Innovation”;
by striking “MSI Centers of Innovation” and inserting “Centers of Innovation”;
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
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”;
by redesignating subsections (g) through (i) as subsections (h) through (j), respectively; and
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.”
in section 10526 (42 U.S.C. 19184)—
by striking paragraph (3); and
by redesignating paragraph (4) as paragraph (3); and
in section 10601 (42 U.S.C. 19211)—
in subsection (c)(3), by striking subparagraph (C) and inserting the following:
“(C) institutions that serve a substantial number of Federal Pell Grant recipients;”
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.”
in the table of contents in section 1, by striking the items relating to sections 10326, 10327, and 10328; and
in the table of contents in section 10000, by striking the items relating to sections 10326, 10327, and 10328.
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—
in the subsection heading, by striking “Minority serving institution”;
in paragraph (1), by striking “Minority Serving Institution”;
in paragraph (2)—
in subparagraph (B), by striking “minority”; and
in subparagraph (C), by striking “minority serving”;
in paragraph (3)(B), by striking “, including minority businesses”; and
in paragraph (8)—
in subparagraph (B)—
by striking clauses (ii), (iv), (v), (vi), (vii), (viii), and (ix);
in clause (i), by striking the semicolon and inserting “; or”;
by redesignating clause (iii) as clause (ii); and
in clause (ii), as redesignated by clause (iii), by striking the semicolon at the end and inserting a period;
by striking subparagraphs (E) and (F); and
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—
in paragraph (5)(A)—
in clause (i), by striking “and”;
in clause (ii), by striking the period and inserting “; and”; and
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.”
in paragraph (7)—
in subparagraph (A)—
in clause (iii), by striking “and” after the semicolon;
in clause (iv), by striking the period and inserting “; and”; and
by adding at the end the following:
“(v) the amount determined under subparagraph (C) for fiscal year 2028 and each succeeding fiscal year.”
by redesignating subparagraph (C) as subparagraph (D); and
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
Minority-Serving institution— In this section, the term minority-serving institution means—
a Hispanic-serving institution, as defined in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a);
a Predominantly Black Institution, as defined in section 318 of the Higher Education Act of 1965 (20 U.S.C. 1059e);
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));
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
a Native Hawaiian-serving institution, as defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(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—
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—
include the term “minority-serving institution” or include any of the terms described in paragraphs (1) through (5) of subsection (a); or
include provisions—
allocating funding only to a minority-serving institution; or
authorizing or requiring a preference for a minority-serving institution with respect to Federal financial assistance; and
provide Congress with a full list of the provisions identified under paragraph (1).
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—
consider the racial or ethnic makeup of a recipient institution; or
award funds to a recipient institution that discriminates based on race or ethnicity, including through the use of quotas or preferences.