[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3724 Reported in House (RH)]
<DOC>
Union Calendar No. 386
118th CONGRESS
2d Session
H. R. 3724
[Report No. 118-467]
To amend the Higher Education Act of 1965 to prohibit recognized
accrediting agencies and associations from requiring, encouraging, or
coercing institutions of higher education to meet any political litmus
test or violate any right protected by the Constitution as a condition
of accreditation.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 25, 2023
Mr. Owens introduced the following bill; which was referred to the
Committee on Education and the Workforce
April 23, 2024
Additional sponsors: Mr. Williams of New York, Mr. Donalds, and Mrs.
Houchin
April 23, 2024
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on May 25,
2023]
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to prohibit recognized
accrediting agencies and associations from requiring, encouraging, or
coercing institutions of higher education to meet any political litmus
test or violate any right protected by the Constitution as a condition
of accreditation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accreditation for College Excellence
Act of 2023''.
SEC. 2. PROHIBITION ON POLITICAL LITMUS TESTS IN ACCREDITATION OF
INSTITUTIONS OF HIGHER EDUCATION.
(a) Operating Procedures Required.--Section 496(c) of the Higher
Education Act of 1965 (20 U.S.C. 1099b(c)) is amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) confirms that the standards for accreditation of the
agency or association do not--
``(A) except as provided in subparagraph (B)--
``(i) require, encourage, or coerce any
institution to--
``(I) support, oppose, or commit to
supporting or opposing--
``(aa) a specific partisan,
political, or ideological
viewpoint or belief or set of
such viewpoints or beliefs; or
``(bb) a a specific
viewpoint or belief or set of
viewpoints or beliefs on
social, cultural, or political
issues; or
``(II) support or commit to
supporting the disparate treatment of
any individual or group of individuals
on the basis of any protected class
under Federal civil rights law, except
as required by Federal law or a court
order; or
``(ii) assess an institution's or program
of study's commitment to any ideology, belief,
or viewpoint;
``(B) prohibit an institution--
``(i) from having a religious mission,
operating as a religious institution, or being
controlled by a religious organization (in a
manner described in paragraph (1), (2), (3),
(4), (5), or (6) of section 106.12(c) of title
34, Code of Federal Regulations (as in effect
on the date of the enactment of this
paragraph)), or from requiring an applicant,
student, employee, or independent contractor
(such as an adjunct professor) of such an
institution to--
``(I) provide or adhere to a
statement of faith; or
``(II) adhere to a code of conduct
consistent with the stated religious
mission of such institution or the
religious tenets of such organization;
or
``(ii) from requiring an applicant,
student, employee, or contractor to take an
oath to uphold the Constitution of the United
States; or
``(C) require, encourage, or coerce an institution
of higher education to violate any right protected by
the Constitution.''.
(b) Limitation on Scope of Criteria.--Section 496(g) of the Higher
Education Act of 1965 (20 U.S.C. 1099b(g)) is amended to read as
follows:
``(g) Limitation on Scope of Criteria.--
``(1) In general.--The Secretary shall not establish
criteria for accrediting agencies or associations that are not
required by this section.
``(2) Institutional eligibility.--An institution of higher
education shall be eligible for participation in programs under
this title if the institution is in compliance with the
standards of its accrediting agency or association that assess
the institution in accordance with subsection (a)(5),
regardless of any additional standards adopted by the agency or
association for purposes unrelated to participation in programs
under this title.''.
Union Calendar No. 386
118th CONGRESS
2d Session
H. R. 3724
[Report No. 118-467]
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to prohibit recognized
accrediting agencies and associations from requiring, encouraging, or
coercing institutions of higher education to meet any political litmus
test or violate any right protected by the Constitution as a condition
of accreditation.
_______________________________________________________________________
April 23, 2024
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed