I 
118TH CONGRESS 
1ST SESSION H. R. 3724 
To amend the Higher Education Act of 1965 to prohibit recognized accred-
iting 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 accredi-
tation. 
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 
A BILL 
To amend the Higher Education Act of 1965 to prohibit 
recognized accrediting agencies and associations from re-
quiring, 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Accreditation for Col-
lege Excellence Act of 2023’’. 
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SEC. 2. PROHIBITION ON POLITICAL LITMUS TESTS IN AC-
CREDITATION 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— 
‘‘(A) the standards for accreditation of the 
agency or association do not— 
‘‘(i) except as provided in clause (ii)— 
‘‘(I) require, encourage, or coerce 
any institution to— 
‘‘(aa) support, oppose, or 
commit to supporting or oppos-
ing— 
‘‘(AA) a specific par-
tisan or political belief or set 
of beliefs; or 
‘‘(BB) 
a 
particular 
viewpoint on a social or po-
litical issue; or 
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‘‘(bb) support or commit to 
supporting the disparate treat-
ment of any individual or group 
of individuals on the basis of sex, 
race, or ethnicity, except as re-
quired by Federal law; or 
‘‘(II) assess an institution’s com-
mitment to any ideology, belief, or 
viewpoint; 
‘‘(ii) prohibit an institution— 
‘‘(I) from having a religious mis-
sion, operating as a religious institu-
tion, 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 ef-
fect on the date of the enactment of 
this paragraph)), or from requiring an 
applicant, student, or employee of 
such an institution to— 
‘‘(aa) provide or adhere to a 
statement of faith; or 
‘‘(bb) adhere to a code of 
conduct consistent with the stat-
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ed religious mission of such insti-
tution or the religious tenets of 
such organization; or 
‘‘(II) from requiring an appli-
cant, student, or employee to take an 
oath to uphold the Constitution of the 
United States; or 
‘‘(iii) require, encourage, or coerce an 
institution of higher education to violate 
any right protected by the Constitution; 
and 
‘‘(B) no institution of higher education 
subject to its jurisdiction will— 
‘‘(i) be required, encouraged, or co-
erced by the agency or association to— 
‘‘(I) support, oppose, or make a 
commitment to supporting or oppos-
ing any belief or viewpoint described 
in subparagraph (A)(i)(I)(aa); or 
‘‘(II) support or commit to sup-
porting the treatment described in 
subparagraph (A)(i)(I)(bb); 
‘‘(ii) be assessed by the agency or as-
sociation in the manner described in sub-
paragraph (A)(i)(II); 
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‘‘(iii) be prohibited by the agency or 
association from— 
‘‘(I) having a religious mission, 
operating as a religious institution, or 
being controlled by a religious organi-
zation as described in subparagraph 
(A)(ii)(I); or 
‘‘(II) requiring an applicant, stu-
dent, or employee to take an action, 
as 
described 
in 
subparagraph 
(A)(ii)(II); or 
‘‘(iv) be required, encouraged, or co-
erced to commit a violation described in 
subparagraph (A)(iii).’’. 
(b) LIMITATION ON SCOPE OF CRITERIA.—Section 
496(g) of the Higher Education Act of 1965 (20 U.S.C. 
1099b(g)) is amended— 
(1) in the first sentence, by striking ‘‘Nothing 
in’’ and inserting the following: 
‘‘(1) RULES OF CONSTRUCTION.—Nothing in’’; 
(2) by striking the second sentence; and 
(3) by adding at the end the following: 
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