‘‘(B) the race, color, sex, or national origin 
of the students, faculty members, or staff mem-
bers who are in leadership roles; or 
‘‘(C) the race, color, sex, or national origin 
of the students, faculty members, or staff mem-
bers who receive honors or special commenda-
tions; 
‘‘(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 as-
sociation 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 edu-
cation (or component or subpart thereof); and 
‘‘(11) as part of the accrediting process, such 
an accrediting agency or association may not con-
sider any factor described in subparagraphs (A) 
through (C) of paragraph (9).’’; 
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(2) in subsection (p), by striking ‘‘Nothing in 
subsection (a)(5)’’ and inserting ‘‘Subject to sub-
section (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 Constitu-
tion, compliance with— 
‘‘(i) the First Amendment to the Con-
stitution, including protections for freedom 
of speech, association, press, religion, as-
sembly, and petition; and 
‘‘(ii) the institution’s own written poli-
cies 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 
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of subsection (a)(5)(K). Such exempt institutions 
shall include an institution— 
‘‘(A) that is a school or department of di-
vinity; 
‘‘(B) that requires its faculty, students, or 
employees to be members of, or otherwise en-
gage in religious practices of, or espouse a per-
sonal 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 state-
ment that it is controlled by a religious organi-
zation or an organ thereof, or is committed to 
the doctrines or practices of a particular reli-
gion, and the members of its governing body 
are appointed by the controlling religious orga-
nization 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 com-
munity must engage in the religious practices 
of, or espouse a personal belief in, the religion, 
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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 institu-
tion 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 sec-
tion 102 of the Higher Education Act of 1965 (20 U.S.C. 
1002)) that is subject to a denial, withdrawal, or termi-
nation, or imminent threat of denial, withdrawal, or termi-
nation, of accreditation as a result of an accrediting agen-
cy 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. 
Æ 
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