Identification of provisions relating to minority-serving institutions; Prohibition
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(a) Minority-Serving institution In this section, the term minority-serving institution means— (1) a Hispanic-serving institution, as defined in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a); (2) a Predominantly Black Institution, as defined in section 318 of the Higher Education Act of 1965 (20 U.S.C. 1059e); (3) 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)); (4) 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 (5) a Native Hawaiian-serving institution, as defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). (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— (1) 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— (A) include the term minority-serving institution or include any of the terms described in paragraphs (1) through (5) of subsection (a); or (B) include provisions— (i) allocating funding only to a minority-serving institution; or (ii) authorizing or requiring a preference for a minority-serving institution with respect to Federal financial assistance; and (2) provide Congress with a full list of the provisions identified under paragraph (1). (c) 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— (1) consider the racial or ethnic makeup of a recipient institution; or (2) award funds to a recipient institution that discriminates based on race or ethnicity, including through the use of quotas or preferences.