College legacy admissions face new scrutiny, but loopholes remain wide
S. 5116 — MERIT Act · Filed by Todd Young (R-IN) · 5 cosponsors · Introduced Jul 23, 2026 · Referred to committee
Your members of Congress
Enter a ZIP to see where your representative and both senators stood on this bill.
Looked up on this device — your ZIP is never stored on our servers.
What it does
This bill amends federal accreditation standards to require colleges to stop giving preferential admissions treatment to applicants who are alumni relatives or donors' relatives. It defines 'preferential treatment' narrowly (where alumni/donor status is the deciding factor), carves out exceptions for demonstrated interest and faith-based admissions, and directs the Education Department to study whether data on legacy and donor admissions can be collected and reported transparently without exposing donor identities.
Why we flagged it
The bill's operative mechanism is a regulatory amendment to accreditation standards requiring colleges to assess and report on legacy and donor-preference admissions practices. It is framed as a transparency and merit-based reform, though enforcement mechanisms are weak and carve-outs are broad.
What the text implies
- The definition of 'preferential treatment' requires alumni/donor status to be 'determinative'—meaning colleges can still weight legacy/donor status heavily as long as other factors also play a role, substantially narrowing the bill's practical effect.
- The 'demonstrated interest' carve-out allows institutions to consider applicants' engagement with the college, which may correlate with wealth and access (campus visits, summer programs) and thus indirectly preserve advantages for affluent applicants.
The full analysis lists 5 implications of this text.
Who it affects
The bill addresses a real public concern—that wealth and family connections can override merit in college admissions—and creates transparency mechanisms that could benefit applicants from non-wealthy backgrounds. However, the definition of 'preferential treatment' is narrow (only when alumni/donor status is 'determinative'), the carve-outs for 'demonstrated interest' and faith-based institutions are broad, and the feasibility study may never result in enforceable data collection, leaving the cor