,,ii #aahth ,,congress #ast ,session ,s4 #ccif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #e1 #bjbc,mr4 ,vance 7for himself1 ,mr4 ,budd1 ,mr4 ,braun1 ,mr4 ,schmitt1 ,mr4 ,rubio1 and ,mr4 ,hawley7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to establish the ,office of the ,special ,inspector ,general for ,unlawful ,discrimination in ,higher ,education within the ,department of ,education4 #a4 ,short title ,this ,act may be cited as the ,college ,admissions ,accountability ,act of #bjbc 4 #b4 ,findings ,congress makes the following findings3 7#a7 #bast century elite college admissions functions as the ,nation's sorting machine for prestige and opportunity1 allocating a limited number of valuable credentials4 7#b7 ,for decades ,american colleges and universities adopted admissions and policies practices that rendered special preferences to applicants on the basis of race4 7#c7 ,in ,students for ,fair ,admissions1 ,inc4 v4 ,president and ,fellows of ,harvard ,college1 #adc ,s4 ,ct4 #bada 7#bjbc71 the ,supreme ,court of the ,united ,states found race-based admissions policies to be in violation of the ,equal ,protection ,clause of the #adth ,amendment to the ,constitution of the ,united ,states and title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 ,the ,court further held that universities may not simply establish through application essays or other means the regime we hold unlawful today4 7#d7 ,following the ,court's ruling1 several ,american colleges and universities issued statements or unveiled new policies at odds with its letter and spirit4 7#e7 ,institutions of higher education1 including their offices of admission1 must comply with the ,constitution and laws of the ,united ,states1 as interpreted by the judiciary4 7#f7 ,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 ,states1 as interpreted by the judiciary4 #c4 ,special ,inspector ,general for ,unlawful ,discrimination in ,higher ,education 7a7 ,in general ,title ,,ii of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdaa et seq47 is amended by adding at the end the following3 #bba4 ,special ,inspector ,general for ,unlawful ,discrimination in ,higher ,education 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7,b7 the ,subcommittee on ,labor1 ,health and ,human ,services1 ,education1 and ,related ,agencies of the ,committee on ,appropriations of the ,senate2 7,c7 the ,committee on ,education and the ,workforce of the ,house of ,representatives2 and 7,d7 the ,subcommittee on ,labor1 ,health and ,human ,services1 ,education of the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,covered individual ,the term covered individual means any individual who-- 7,a7 files an application for admission as a student at a covered institution2 or 7,b7 is enrolled as a student at a covered institution4 7#c7 ,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 #aife4 7b7 ,office of ,inspector ,general ,there is hereby established within the ,department the ,office of the ,special ,inspector ,general for ,unlawful ,discrimination in ,higher ,education4 7c7 ,appointment of ,inspector ,general2 removal2 basic pay 7#a7 ,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 7referred to in this section as the ,special ,inspector ,general71 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,nomination ,the nomination of the ,special ,inspector ,general shall be made on the basis of integrity and demonstrated familiarity with higher education and admissions1 in addition to expertise in auditing1 civil rights1 law1 academic administration1 education regulation1 or investigations4 7#c7 ,removal ,the ,special ,inspector ,general shall be removable from office in accordance with the provisions of section #djc7;b7 of title #e1 ,united ,states ,code4 7#d7 ,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 #djc7;e7 of title #e1 ,united ,states ,code4 7d7 ,duties 7#a7 ,in general ,it shall be the duty of the ,special ,inspector ,general to1 in accordance with section #djd7;b77#a7 of title #e1 ,united ,states ,code-- 7,a7 receive1 review1 and investigate allegations from covered individuals or employees of covered institutions of admissions decisions1 policies1 or practices1 or financial aid determinations or academic programs1 that are in violation of-- 7i7 the ,equal ,protection ,clause of the #adth ,amendment to the ,constitution of the ,united ,states1 pursuant to the holding in ,students for ,fair ,admissions1 ,inc4 v4 ,president and ,fellows of ,harvard ,college1 #adc ,s4 ,ct4 #bada 7#bjbc7 7referred to in this subsection as the ,equal ,protection ,clause72 or 7ii7 title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 7referred to in this subsection as title ,,vi72 7,b7 review any ,federal policies and programs that have the effect of incentivizing covered institutions to violate the ,equal ,protection ,clause or title ,,vi2 and 7,c7 make recommendations to the applicable covered institution1 the ,secretary1 the ,attorney ,general of the ,united ,states1 and the appropriate committees of ,congress regarding-- 7i7 measures that the covered institution should take to remedy any violation described in subparagraph 7,a7 through remedial or corrective action2 7ii7 any employee of the covered institution that the ,special ,inspector ,general determines1 after a review or investigation described in subparagraph 7,a71 should face disciplinary action 7including removal7 as a result of a violation described in such subparagraph2 7iii7 eligibility of the covered institution to receive funds from ,federal student assistance or ,federal institutional aid2 7iv7 further investigation into the covered institution's compliance with the ,constitution of the ,united ,states1 title ,,vi1 and other laws of the ,united ,states2 and 7v7 reforms to any ,federal policies and programs that have the effect of incentivizing covered institutions to violate the ,equal ,protection ,clause or title ,,vi4 7#b7 ,maintenance of systems ,the ,special ,inspector ,general shall establish1 maintain1 and oversee such systems1 procedures1 and controls as the ,special ,inspector ,general considers appropriate to discharge the duties of the ,special ,inspector ,general under paragraph 7#a74 7#c7 ,additional duties and responsibilities ,in addition to the duties described in paragraphs 7#a7 and 7#b71 the ,special ,inspector ,general shall also have the duties and responsibilities of inspectors general under chapter #d of title #e1 ,united ,states ,code4 7#d7 ,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 section1 including in any report submitted under subsection 7g74 7e7 ,powers and authorities 7#a7 ,in general ,in carrying out the duties of the ,special ,inspector ,general under subsection 7d71 the ,special ,inspector ,general shall have the authorities provided in section #djf of title #e1 ,united ,states ,code4 7#b7 ,treatment of office ,the ,office of the ,special ,inspector ,general shall be considered to be an office described in section #djf7;f77#c7 of title #e1 ,united ,states ,code4 7f7 ,personnel1 facilities1 and other resources 7#a7 ,appointment of officers and employees 7,a7 ,in general ,the ,special ,inspector ,general may select1 appoint1 and employ such officers and employees as may be necessary for carrying out the duties of the ,special ,inspector ,general4 7,b7 ,status ,the positions to which officers and employees are appointed under subparagraph 7,a7 shall be positions in schedule ,c of subpart ,c of part #bac of title #e1 ,code of ,federal ,regulations1 or any successor regulations4 7#b7 ,experts and consultants ,the ,special ,inspector ,general may obtain services as authorized under section #caji of title #e1 ,united ,states ,code1 at daily rates not to exceed the equivalent rate prescribed for grade ,,gs-#ae of the ,general ,schedule by section #eccb of that title4 7#c7 ,contracts ,the ,special ,inspector ,general may enter into contracts and other arrangements for audits1 studies1 analyses1 and other services with public agencies and with private persons1 and make such payments as may be necessary to carry out the duties of the ,special ,inspector ,general4 7g7 ,reports 7#a7 ,quarterly reports 7,a7 ,in general ,not later than #fj days after the date on which the ,special ,inspector ,general is confirmed1 and once every calendar quarter thereafter1 the ,special ,inspector ,general shall submit to the appropriate committees of ,congress a report summarizing the activities of the ,special ,inspector ,general during the #c-month period ending on the date on which the ,special ,inspector ,general submits the report4 7,b7 ,contents ,each report submitted under subparagraph 7,a7 shall include1 for the period covered by the report1 the following3 7i7 ,a general description of the allegations received and reviewed by the ,special ,inspector ,general under subsection 7d77#a77;,a74 7ii7 ,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 investigate1 including the authority described in subsection 7d77#a77;,b74 7iii7 ,for a covered institution with respect to which an allegation submitted under this section applies1 the steps that the covered institution has taken1 and has yet to take1 to remedy the issues outlined in the allegation4 7iv7 ,data regarding the number of allegations received and reviewed by the ,special ,inspector ,general under this section that document any legitimate violation1 as determined by the ,special ,inspector ,general1 which shall-- 7,i7 be disaggregated by the number of violations committed by each covered institution2 and 7,,ii7 contain a separate provision listing the number of those acts that relate to racial bias1 which shall be disaggregated as described in subclause 7,i74 7v7 ,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 ,general1 including1 with respect to each covered institution1 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 ,general4 7#b7 ,rule of construction ,nothing in this subsection may be construed to authorize the public disclosure of information that is-- 7,a7 specifically prohibited from disclosure by any other provision of law2 7,b7 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 affairs2 or 7,c7 a part of an ongoing criminal investigation4 7h7 ,funding ,there are authorized to be appropriated #be1jjj1jjj to carry out this section1 which shall remain available until expended4 7i7 ,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 #dbd of title #e1 ,united ,states ,code4 7j7 ,corrective responses to audit problems ,a covered institution shall-- 7#a7 take action to address deficiencies identified by a report or investigation of the ,special ,inspector ,general2 or 7#b7 with respect to a deficiency identified under paragraph 7#a71 certify to the ,special ,inspector ,general and the appropriate committees of ,congress that no action is necessary or appropriate4 7k7 ,rule of construction ,nothing in this section may be construed as limiting the authority of the ,inspector ,general of the ,department4 7l7 ,sunset ,the ,office of the ,special ,inspector ,general for ,unlawful ,discrimination in ,higher ,education1 established under this section1 shall terminate on the date that is #ab years after the date of enactment of the ,college ,admissions ,accountability ,act of #bjbc4 4 7b7 ,table of contents ,the table of contents in section #a of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdja note7 is amended by inserting after the item relating to section #bbj the following new item3 ,sec4 #bba4 ,special ,inspector ,general for ,unlawful ,discrimination in ,higher ,education4 4 7c7 ,higher ,education ,act of #aife ,part ,b of title ,i of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa et seq47 is amended by adding at the end the following3 #abd4 ,ineligibility due to discrimination on the basis of race in violation of ,equal ,protection ,clause or title ,,vi ,notwithstanding any other provision of law1 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 decision1 policy1 or practice1 or financial aid determination or academic program1 that discriminated on the basis of race in violation of-- 7#a7 the ,equal ,protection ,clause of the #adth ,amendment to the ,constitution of the ,united ,states1 pursuant to the holding in ,students for ,fair ,admissions1 ,inc4 v4 ,president and ,fellows of ,harvard ,college1 #adc ,s4 ,ct4 #bada 7#bjbc72 or 7#b7 title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 4