Assessment of admissions practices

(a) In general (1) Standards for accreditation Section 496(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1099b(a)(5)) is amended— (A) by redesignating subparagraphs (G), (H), (I), and (J), as subparagraphs (H), (I), (J), and (K), respectively; (B) by inserting after subparagraph (F) the following: (G) adoption of admissions practices that refrain from any manner of preferential treatment in the admission process to applicants on the basis of the applicant's relationship to— (i) alumni of the institution; or (ii) donors to the institution;; (C) in subparagraph (H), as redesignated under subparagraph (A), by striking and admissions; and (D) in the flush matter at the end, by striking subparagraphs (A), (H), and (J) and inserting subparagraphs (A), (I), and (K). (2) Preferential treatment definition Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b) is amended by adding at the end the following: (r) Preferential treatment For the purpose of subsection (a)(5)(G), the term preferential treatment means making an admissions decision or awarding tangible education benefits where an applicant’s relationship with an alumni of, or donor to, the deciding institution serves as the determinative factor.. (b) Rule of construction Section 496(p) of the Higher Education Act of 1965 (20 U.S.C. 1099b(p)) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving the margins of such subparagraphs (as so redesignated) 2 ems to the right; (2) by striking Nothing in subsection (a)(5) shall be construed to restrict the ability of and inserting the following: (1) In general Nothing in subsection (a)(5) shall be construed to restrict the ability of; and (3) by adding at the end of the following: (2) Demonstrated interest Nothing in subparagraph (G) of subsection (a)(5) shall be construed to prevent institutions from considering the demonstrated interest of an applicant as a factor in admissions decisions if— (A) the criteria for assessing demonstrated interest are clearly defined and made publicly available; (B) the applicant is provided the opportunity to explain why they have a demonstrated interest in the institution, which may be informed by lived experiences, values, attributes, and faith; and (C) the opportunities to demonstrate interest are equally accessible to all applicants, regardless of their financial resources, alumni affiliation, or donor affiliation. (3) Faith-based institutions Nothing in subparagraph (G) of subsection (a)(5) shall be construed to inhibit the right of a religious institution to make admissions decisions consistent with the institution's faith-based values.. (c) Report (1) In general Not later than 180 days after the date of completion of the negotiated rulemaking process under section 492 of the Higher Education Act of 1965 (20 U.S.C. 1098a) with respect to the amendments made by this section, and biennially thereafter, the Secretary of Education shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Workforce of the House of Representatives a report that identifies the efforts taken to ensure compliance with the requirements of this section and the amendments made by this section, including— (A) any technical assistance the Secretary has provided; (B) any regulatory guidance the Secretary has issued; and (C) any compliance monitoring the Secretary has conducted. (2) Public availability Each report described under paragraph (1) shall be made available to the public.