[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3433 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3433
To eliminate certain higher education funding to certain minority-
serving institutions, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 11, 2025
Mr. Banks introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To eliminate certain higher education funding to certain minority-
serving institutions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Equal Learning and Liberty
Act'' or the ``PELL Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) 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.
(2) 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.
(3) The ruling in Students for Fair Admissions v. President
and Fellows of Harvard College reaffirmed a core constitutional
prohibition against racial quotas and preferences.
(4) 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.
(5) 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.
(6) 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.
(7) In addition, the Minority-Serving Institution programs
provide a financial incentive for colleges and universities to
discriminate on the basis of race in admissions.
(8) 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.
(9) As constituted, these grant programs exceed the
spending power of Congress because they induce invidious
discrimination.
(10) 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.
(11) Race and ethnicity are arbitrary proxies for need.
(12) 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.
(13) 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.
(a) 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--
(1) by striking clauses (ii), (iv), (v), (vi), (vii), and
(viii);
(2) in clause (i), by inserting ``or'' after the semicolon;
and
(3) by redesignating clause (iii) as clause (ii).
(b) Strengthening Institutions.--Part A of title III of the Higher
Education Act of 1965 (20 U.S.C. 1057 et seq.) is amended--
(1) in section 312(b)(1)--
(A) in subparagraph (E), by striking ``and'' after
the semicolon; and
(B) 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''; and
(2) 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).
(c) 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--
(1) in the part heading, by striking ``minority'';
(2) in section 350 (20 U.S.C. 1067)--
(A) in paragraph (2)--
(i) in the first sentence, by striking ``As
the Nation's population becomes more diverse,
it is'' and inserting ``It is''; and
(ii) 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'';
(B) by striking paragraph (3);
(C) be redesignating paragraph (4) as paragraph
(3); and
(D) 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'';
(3) in section 351 (20 U.S.C. 1067a)--
(A) in subsection (a), by striking ``Minority
Institutions Science Improvement Program'' and
inserting ``Science Opportunity Improvement Program'';
and
(B) 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'';
(4) 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'';
(5) in section 353(b)(4) (20 U.S.C. 1067c(b)(4))--
(A) in subparagraph (G), by striking ``minority
undergraduate students'' and inserting ``students who
receive a Federal Pell Grant''; and
(B) in subparagraph (I), by striking ``minorities''
and inserting ``individuals who receive a Federal Pell
Grant'';
(6) in section 355(a) (20 U.S.C. 1067e(a))--
(A) by striking ``underrepresented minority youth
and''; and
(B) by striking ``underrepresented minority youth
or'';
(7) in section 356 (20 U.S.C. 1067e-1)--
(A) in subsection (b)--
(i) by striking paragraph (3);
(ii) in paragraph (2), by inserting ``and''
after the semicolon; and
(iii) by redesignating paragraph (4) as
paragraph (3);
(B) 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.''; and
(C) 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.'';
(8) 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,'';
(9) by amending section 361 (20 U.S.C. 1067g) to read as
follows:
``SEC. 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.'';
(10) 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'';
(11) in section 363 (20 U.S.C. 1067i), by striking ``The
Minority Science and Engineering Improvement Programs'' and
inserting ``The Science Opportunity Improvement Programs'';
(12) 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
(13) in section 365 (20 U.S.C. 1067k)--
(A) by striking paragraphs (2), (3), and (5);
(B) by redesignating paragraph (4) as paragraph
(2);
(C) by redesignating paragraphs (6) through (8) as
paragraphs (3) through (5), respectively;
(D) in paragraph (3), as so redesignated, by
striking ``minority students'' and inserting
``students, especially students who receive a Federal
Pell Grant'';
(E) 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
(F) by redesignating paragraph (9) as paragraph
(6).
(d) 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--
(1) in the part heading, by striking ``and other minority-
serving institutions'' and inserting ``and tribal colleges and
universities''; and
(2) in section 371 (20 U.S.C. 1067q)--
(A) in the section heading, by striking ``and other
minority-serving institutions'' and inserting ``and
tribal colleges and universities'';
(B) in subsection (a)--
(i) by striking paragraphs (2), (4), (5),
(6), and (7);
(ii) in paragraph (1), by i