PolicyBrief
S. 5116
119th CongressJul 23rd 2026
MERIT Act
IN COMMITTEE

The MERIT Act prohibits colleges and universities from granting preferential admissions treatment based on family or donor ties to ensure a more equitable and transparent admissions process.

Todd Young
R

Todd Young

Senator

IN

LEGISLATION

New MERIT Act Bans Legacy Admissions: Colleges Must End Preferential Treatment for Donors and Alumni Families.

The MERIT Act aims to fundamentally shift how college admissions work by cutting off the 'fast track' for children of wealthy donors and alumni. Under Section 2, the bill amends the Higher Education Act to make it a requirement for accreditation that colleges stop giving preferential treatment to applicants based on their family or financial ties. This means that if two students apply to a top-tier university, the school can no longer tip the scales for one simply because their grandfather built a library or their mother is a prominent graduate. The goal is to move toward a system where your spot in a lecture hall is earned by your own hard work, not your parents' checkbook or social network.

Leveling the Playing Field

For most families, applying to college feels like a high-stakes game where the rules are tilted against them. This bill attempts to level that field by defining 'preferential treatment' as any admissions decision where a connection to an alumnus or donor is the 'determinative factor.' In plain English: if you weren't getting in on your own merits, your family tree can't be the thing that saves you. This change would directly impact high-achieving students from middle-class or working-class backgrounds—like a first-generation student from a rural town or a coder from a local community college—who often find themselves competing for a limited number of spots against 'legacy' applicants who have a built-in advantage.

The 'Demonstrated Interest' Loophole?

While the bill bans legacy 'points,' it does allow schools to consider 'demonstrated interest'—basically, how much a student actually wants to attend that specific school. However, Section 2(p) adds some guardrails to keep this from becoming a back-door way to favor the wealthy. To use this criteria, schools must prove that the opportunity to show interest is equally accessible to everyone. For example, a student can't be penalized because they couldn't afford a $1,000 cross-country flight for a campus tour. Instead, schools must allow applicants to explain their interest through their 'lived experiences' and values, ensuring that a student working a part-time job has the same chance to show passion as one who attended an expensive summer prep program.

Tracking the Receipts

To make sure universities aren't just paying lip service to these new rules, the bill includes a push for radical transparency. Section 3 orders a two-year feasibility study to see if the National Student Clearinghouse can track exactly how often legacy and donor ties are influencing admissions. The Secretary of Education would then be required to report these findings to Congress every two years. The challenge here is the 'determinative factor' language; it’s notoriously hard to prove why an admissions officer chose one person over another in a private room. By studying how to collect this data without compromising student privacy, the bill seeks to hold institutions accountable to the public and ensure that 'merit' isn't just a buzzword, but a measurable standard.