,i #aaith ,,congress #ast ,session ,h4 ,r4 #eaba ,,in ,,the ,,house ,,of ,,representatives ,september #c1 #bjbe,ms4 ,stefanik 7for herself1 ,mr4 ,mc,dowell1 and ,mr4 ,norman7 introduced the following bill2 which was referred to the ,committee on ,education and ,workforce ,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 a semicolon2 and 7,d7 by adding at the end the following3 7#i7 such accrediting agency or association will not impose requirements1 establish standards1 conduct investigations1 or make recommendations concerning-- 7,a7 the race1 color1 sex1 or national origin composition of the student body1 faculty1 or staff2 7,b7 the race1 color1 sex1 or national origin of the students1 faculty members1 or staff members who are in leadership roles2 or 7,c7 the race1 color1 sex1 or national origin of the students1 faculty members1 or staff members who receive honors or special commendations2 7#aj7 such an accrediting agency or association may only be determined to be a reliable authority as to the quality of education or training offered for the purposes of this ,act or for other ,federal purposes if the agency or association permits each institution of higher education that the agency or association accredits 7and each component or subpart of each institution of higher education that the agency or association accredits7 to adopt any lawful policy with regard to the factors described in subparagraphs 7,a7 through 7,c7 of paragraph 7#i71 notwithstanding the particular mission of an institution of higher education 7or component or subpart thereof72 and 7#aa7 as part of the accrediting process1 such an accrediting agency or association may not consider any factor described in subparagraphs 7,a7 through 7,c7 of paragraph 7#i74 2 7#b7 in subsection 7p71 by striking ,nothing in subsection 7a77#e7 and inserting ,subject to subsection 7a77#i71 nothing in subsection 7a77#e72 and 7#c7 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 include an institution-- 7,a7 that is a school or department of divinity2 7,b7 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 controlled2 7,c7 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 thereof2 7,d7 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 practices2 7,e7 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 teachings2 or 7,f7 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 #ajjb77 that is subject to a denial1 withdrawal1 or termination1 or imminent threat of denial1 withdrawal1 or termination1 of accreditation as a result of an accrediting agency or association's violation of the prohibition established in section #dif7;a77#aj7 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