H.R. 5121

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5121 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5121

To modify the criteria for recognition of accrediting agencies or 
associations for institutions of higher education.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 3, 2025

Ms. Stefanik (for herself, Mr. McDowell, and Mr. Norman) introduced the 
following bill; 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 education.

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 ``Fairness in Higher Education 
Accreditation Act''.

SEC. 2. CRITERIA FOR RECOGNITION OF ACCREDITING AGENCIES OR 
ASSOCIATIONS.

Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b) 
is amended--
(1) in subsection (a)--
(A) in paragraph (5)--
(i) in subparagraph (I), by striking 
``and'' after the semicolon;
(ii) in subparagraph (J), by inserting 
``and'' after the semicolon; and
(iii) by inserting after subparagraph (J), 
and before the flush text, the following:
``(K) except in the case of an institution 
described in subsection (r)(2), success in ensuring a 
right of free inquiry (as defined in subsection 
(r)(1));'';
(B) in paragraph (7), by striking ``and'' after the 
semicolon;
(C) in paragraph (8), by striking the period at the 
end and inserting a semicolon; and
(D) by adding at the end the following:
``(9) such accrediting agency or association will not 
impose requirements, establish standards, conduct 
investigations, or make recommendations concerning--
``(A) the race, color, sex, or national origin 
composition of the student body, faculty, or staff;
``(B) the race, color, sex, or national origin of 
the students, faculty members, or staff members who are 
in leadership roles; or
``(C) the race, color, sex, or national origin of 
the students, faculty members, or staff members who 
receive honors or special commendations;
``(10) 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 (and each component or subpart of each 
institution of higher education that the agency or association 
accredits) to adopt any lawful policy with regard to the 
factors described in subparagraphs (A) through (C) of paragraph 
(9), notwithstanding the particular mission of an institution 
of higher education (or component or subpart thereof); and
``(11) as part of the accrediting process, such an 
accrediting agency or association may not consider any factor 
described in subparagraphs (A) through (C) of paragraph (9).'';
(2) in subsection (p), by striking ``Nothing in subsection 
(a)(5)'' and inserting ``Subject to subsection (a)(9), nothing 
in subsection (a)(5)''; and
(3) by adding at the end the following:
``(r) Free Inquiry.--
``(1) Free inquiry.--In this section, the term `free 
inquiry' means--
``(A) in the case of a public institution of higher 
education that is legally required to abide by the 
First Amendment to the Constitution, compliance with--
``(i) the First Amendment to the 
Constitution, including protections for freedom 
of speech, association, press, religion, 
assembly, and petition; and
``(ii) the institution's own written 
policies regarding academic freedom; or
``(B) in the case of a private institution of 
higher education, adherence to the institution's 
written institutional policies concerning freedom of 
speech, association, press, religion, assembly, 
petition, and academic freedom.
``(2) Religious exemption.--An institution described in any 
of subparagraphs (A) through (F) shall not be subject to the 
free inquiry requirements of subsection (a)(5)(K). Such exempt 
institutions shall include an institution--
``(A) that is a school or department of divinity;
``(B) that requires its faculty, students, or 
employees to be members of, or otherwise engage in 
religious practices of, or espouse a personal belief 
in, the religion of the organization by which it claims 
to be controlled;
``(C) that in its charter or catalog, or other 
official publication, contains an explicit statement 
that it is controlled by a religious organization or an 
organ thereof, or is committed to the doctrines or 
practices of a particular religion, and the members of 
its governing body are appointed by the controlling 
religious organization or an organ thereof, and it 
receives a significant amount of financial support from 
the controlling religious organization or an organ 
thereof;
``(D) that has a doctrinal statement or a statement 
of religious practices, along with a statement that 
members of the institution community must engage in the 
religious practices of, or espouse a personal belief 
in, the religion, its practices, or the doctrinal 
statement or statement of religious practices;
``(E) that has a published institutional mission 
that is approved by the governing body of an 
educational institution and that includes, refers to, 
or is predicated upon religious tenets, beliefs, or 
teachings; or
``(F) with respect to which there is other evidence 
sufficient to establish that the institution is 
controlled by a religious organization, pursuant to 
section 901(a)(3) of the Education Amendments of 1972 
(20 U.S.C. 1681(a)(3)).''.

SEC. 3. CIVIL ACTION.

An institution of higher education (as defined in section 102 of 
the Higher Education Act of 1965 (20 U.S.C. 1002)) that is subject to a 
denial, withdrawal, or termination, or imminent threat of denial, 
withdrawal, or termination, of accreditation as a result of an 
accrediting agency or association's violation of the prohibition 
established in section 496(a)(10) of the Higher Education Act of 1965 
(20 U.S.C. 1099b(a)), as added by section 2 of this Act, may pursue a 
civil action in accordance with subsections (e) and (f) of such section 
496.
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