“To establish the Office of the Special Inspector General for Unlawful Discrimination in Higher Education within the Department of Education.”
No CRS summary available for this bill.
This section states seven congressional findings concerning (1) elite college admissions as a national allocator of prestige and opportunity; (2) historical race-based admissions preferences; (3) the Supreme Court's holding in *Students for Fair Admissions, Inc. v. President and Fellows of Harvard College*, 143 S. Ct. 2141 (2023), that such policies violate the 14th Amendment's Equal Protection Clause; (4) Title VI of the Civil Rights Act of 1964's prohibition on race discrimination by federally funded entities; (5) post-ruling statements and policies by certain colleges and universities at odds with the decision; (6) institutions' duty to comply with the Constitution and federal laws as interpreted by courts; and (7) the federal government's duty to protect civil rights and enforce those laws.
This section establishes within the Department of Education the Office of the Special Inspector General for Unlawful Discrimination in Higher Education, headed by a Special Inspector General appointed by the President with Senate confirmation based on integrity and expertise in higher education admissions, auditing, civil rights, law, academic administration, education regulation, or investigations. (The Special Inspector General is removable per 5 U.S.C. §403(b) and paid at the rate for other inspectors general under 5 U.S.C. §403.) The Special Inspector General must (1) investigate allegations from applicants, enrolled students, or employees at covered institutions (i.e., higher education institutions receiving federal student assistance or institutional aid under the Higher Education Act of 1965) of admissions decisions, policies, financial aid, or academic programs violating the Equal Protection Clause per Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, 143 S. Ct. 2141 (2023), or Title VI of the Civil Rights Act of 1964; (2) review federal policies incentivizing such violations; and (3) recommend remedies to the institution, Secretary of Education, Attorney General, and specified congressional committees (i.e., Senate HELP; Senate and House LHHS-ED Appropriations subcommittees; House Education and the Workforce), including corrective actions, employee discipline or removal, aid eligibility, further probes, and policy reforms. The Special Inspector General has inspector general duties, responsibilities, powers, and authorities under 5 U.S.C. §§404 and 406 (including confidentiality of complainant identities); must maintain appropriate systems and controls; and may appoint necessary Schedule C personnel.