,,ii  #aahth ,,congress  #ast ,session  
,s4 #agie  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #a1      
#bjbc,mr4 ,rubio 7for himself1 ,mr4     
,lee1 and ,mr4 ,scott of ,florida7      
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,health1 ,education1      
,labor1 and ,pensions  ,a ,,bill  ,to   
modify the criteria for recognition of  
accrediting agencies or associations for
 institutions of higher education4  #a4 
,short title ,this ,act may be cited as 
the ,fairness in ,higher ,education     
,accreditation ,act4  #b4 ,criteria for 
recognition of accrediting agencies or  
associations ,section #dif of the       
,higher ,education ,act of #aife 7#bj   
,u4,s4,c4 #ajii;b7 is amended-- 7#a7 in 
subsection 7a7-- 7,a7 in paragraph      
7#e7-- 7i7 in subparagraph 7,i71 by     
striking and after the semicolon2  7ii7 
in subparagraph 7,j71 by inserting and  
after the semicolon2 and  7iii7 by      
inserting after subparagraph 7,j71 and  

before the flush text1 the following3   
7,k7 except in the case of an           
institution described in subsection     
7r77#b71 success in ensuring a right of 
free inquiry 7as defined in subsection  
7r77#a772  2  7,b7 in paragraph 7#g71 by
 striking and after the semicolon2  7,c7
 in paragraph 7#h71 by striking the     
period at the end and inserting 2 and2  
and  7,d7 by adding at the end the      
following3  7#i7 as part of the         
accrediting process1 such an agency or  
association shall not consider-- 7,a7   
the diversity1 equity1 and inclusion    
policies of an institution of higher    
education2 and  7,b7 the racial         
composition of the accepted applicants1 
students1 or the faculty or staff1 of an
 institution of higher education4  2    
7#b7 in subsection 7g71 in the second   
sentence1 by striking ,nothing in this  
,act and inserting ,subject to          
subsection 7a77#i71 nothing in this     
,act2  7#c7 in subsection 7p71 by       
striking ,nothing in subsection 7a77#e7 

and inserting ,subject to subsection    
7a77#i71 nothing in subsection 7a77#e72 
and  7#d7 by adding at the end the      
following3  7r7 ,free inquiry  7#a7     
,free inquiry ,in this section1 the term
 free inquiry means-- 7,a7 in the case  
of a public institution of higher       
education that is legally required to   
abide by the ,first ,amendment to the   
,constitution1 compliance with-- 7i7 the
 ,first ,amendment to the ,constitution1
 including protections for freedom of   
speech1 association1 press1 religion1   
assembly1 and petition2 and  7ii7 the   
institution's own written policies      
regarding academic freedom2 or  7,b7 in 
the case of a private institution of    
higher education1 adherence to the      
institution's written institutional     
policies concerning freedom of speech1  
association1 press1 religion1 assembly1 
petition1 and academic freedom4  7#b7   
,religious exemption ,an institution    
described in any of subparagraphs 7,a7  
through 7,f7 shall not be subject to the

 free inquiry requirements of subsection
 7a77#e77,k74 ,such exempt institutions 
shall include3 7,a7 ,an institution that
 is a school or department of divinity4 
7,b7 ,an institution that requires its  
faculty1 students1 or employees to be   
members of1 or otherwise engage in      
religious practices of1 or espouse a    
personal belief in1 the religion of the 
organization by which it claims to be   
controlled4  7,c7 ,an institution that  
in its charter or catalog1 or other     
official publication1 contains an       
explicit statement that it is controlled
 by a religious organization or an organ
 thereof1 or is committed to the        
doctrines or practices of a particular  
religion1 and the members of its        
governing body are appointed by the     
controlling religious organization or an
 organ thereof1 and it receives a       
significant amount of financial support 
from the controlling religious          
organization or an organ thereof4  7,d7 
,an institution that has a doctrinal    

statement or a statement of religious   
practices1 along with a statement that  
members of the institution community    
must engage in the religious practices  
of1 or espouse a personal belief in1 the
 religion1 its practices1 or the        
doctrinal statement or statement of     
religious practices4  7,e7 ,an          
institution that has a published        
institutional mission that is approved  
by the governing body of an educational 
institution and that includes1 refers   
to1 or is predicated upon religious     
tenets1 beliefs1 or teachings4  7,f7 ,an
 institution with respect to which there
 is other evidence sufficient to        
establish that the institution is       
controlled by a religious organization1 
pursuant to section #ija7;a77#c7 of the 
,education ,amendments of #aigb 7#bj    
,u4,s4,c4 #afha7;a77#c774  4  #c4 ,civil
 action ,an institution of higher       
education 7as defined in section #ajb of
 the ,higher ,education ,act of #aife   
7#bj ,u4,s4,c4 #ajjb71 and including    

both public and private institutions as 
so defined7 that is subject to a denial1
 withdrawal1 or termination of          
accreditation as a result of an         
accrediting agency or association's     
violation of the prohibition established
 in paragraph 7#i7 of section #dif7;a7  
of the ,higher ,education ,act of #aife 
7#bj ,u4,s4,c4 #ajii;b7a771 as added by 
section #b of this ,act1 may pursue a   
civil action in accordance with         
subsections 7e7 and 7f7 of such section 
#dif4