I 
118TH CONGRESS 
1ST SESSION H. R. 3803 
To modify the criteria for recognition of accrediting agencies or associations 
for institutions of higher education. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 5, 2023 
Mr. BANKS (for himself and Mr. STEUBE) introduced the following bill; which 
was referred to the Committee on Education and the 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 Representa-
tives 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)— 
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(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 fol-
lowing: 
‘‘(K) except in the case of an institution 
described in subsection (r)(2), success in ensur-
ing a right of free inquiry (as defined in sub-
section (r)(1));’’; 
(B) in paragraph (7), by striking ‘‘and’’ 
after the semicolon; 
(C) in paragraph (8), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(9) as part of the accrediting process, such an 
agency or association shall not consider— 
‘‘(A) the diversity, equity, and inclusion 
policies of an institution of higher education; 
and 
‘‘(B) the racial composition of the accepted 
applicants, students, or the faculty or staff, of 
an institution of higher education.’’; 
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(2) in subsection (g), in the second sentence, by 
striking ‘‘Nothing in this Act’’ and inserting ‘‘Sub-
ject to subsection (a)(9), nothing in this Act’’; 
(3) in subsection (p), by striking ‘‘Nothing in 
subsection (a)(5)’’ and inserting ‘‘Subject to sub-
section (a)(9), nothing in subsection (a)(5)’’; and 
(4) 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. 
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