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Code · BILL · 119th Congress · S. 3433 (Introduced in Senate) — To eliminate certain higher education funding to certain minority-serving institutions, and for other purposes. · Sec. 3

Sec. 3. Eliminating higher education funding to minority-serving institutions

2,575 words·~12 min read·/bill/119/s/3433/is/section-3

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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). 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: which does not discriminate based on race in admissions, including through the use of racial quotas or preferences; and ; 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 ). 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: 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. ; and by adding at the end the following: The campaign under this section shall not— provide special treatment to students or programs based on race or ethnicity; and 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: Eligibility to receive grants under this part is limited to— public and private nonprofit institutions of higher education that— award baccalaureate degrees; serve a substantial number of individuals who receive a Federal Pell Grant; and do not discriminate based on race in admissions or hiring, including through the use of racial quotas or preferences; public or private nonprofit institutions of higher education that— award associate degrees; serve a substantial number of individuals who receive a Federal Pell Grant; are institutions that— have a curriculum that includes science or engineering subjects; and enter into a partnership with public or private nonprofit institutions of higher education that award baccalaureate degrees in science and engineering; and do not discriminate based on race in admissions or hiring, including through the use of racial quotas or preferences; nonprofit science-oriented organizations or professional scientific societies, that— provide— 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 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 do not discriminate based on race in admissions or hiring, including through the use of racial quotas or preferences; consortia of organizations, that— 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 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— public and private nonprofit institutions of higher education that have a curriculum in science or engineering; institutions of higher education that have a graduate or professional program in science or engineering; research laboratories of, or under contract with, the Department of Energy, the Department of Defense, or the National Institutes of Health; relevant offices of the National Aeronautics and Space Administration, National Oceanic and Atmospheric Administration, National Science Foundation, and National Institute of Standards and Technology; quasi-governmental entities that have a significant scientific or engineering mission; or institutions of higher education that have State-sponsored centers for research in science, technology, engineering, and mathematics; or only with respect to grants under subpart 2, partnerships of organizations, the membership of which shall include— at least one institution of higher education eligible for assistance under this title; at least one high-need local educational agency (as defined in section 200); and at least two community organizations or entities, such as businesses, professional associations, community-based organizations, philanthropic organizations, or State agencies. 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). 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 inserting and other minority-serving institutions ; and and Tribal Colleges and Universities in section 371 ( 20 U.S.C. 1067q )— in the section heading, by striking and inserting and other minority-serving institutions ; 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: Of the amount made available under paragraph (1)— $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— activities described in paragraphs (1), (2), (4), (5), and
(10)of section 323(a); and 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 $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. ; and by striking subsection (c). 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: for any activities that violate Federal civil rights laws ; and 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). Title V of the Higher Education Act of 1965 ( 20 U.S.C. 1101 et seq. ) is repealed. 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 and inserting Interagency Committee on Minority Careers in International Affairs ; and Interagency Committee on Expanding Careers in International Affairs in paragraph (1), by striking Interagency Committee on Minority Careers in International Affairs and inserting Interagency Committee on Expanding Careers in International Affairs . 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: 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 . 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 ). The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended— 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.
Connectionstraces to 39
Traces to 39 documents
U.S. Code
9 references not yet in our index
  • 20 USC 1067e–1
  • 20 USC 1067e–2
  • 20 USC 1131–1
  • 20 USC 1161aa–1
  • 20 USC 1070a–14(d)(4)
  • 20 USC 1070a–15(d)(5)(C)
  • 20 USC 1130–1(c)(2)(E)
  • 20 USC 1132–1(1)
  • 20 USC 1132–6(e)(1)
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cites case law
Sec. 3
Eliminating higher education funding to minority-serving institutions
Cite20 USC 1067e–1
Cite20 USC 1067e–2
Cite20 USC 1131–1
Cites 48 · showing 12Cited by 0 across 0 sources
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