[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5768 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5768

   To amend the Higher Education Act of 1965 to protect students and 
taxpayers by modernizing evaluation and increasing transparency in the 
             accreditation system, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2020

  Mrs. Trahan (for herself, Ms. Dean, and Mrs. Hayes) introduced the 
 following bill; which was referred to the Committee on Education and 
                                 Labor

_______________________________________________________________________

                                 A BILL


 
   To amend the Higher Education Act of 1965 to protect students and 
taxpayers by modernizing evaluation and increasing transparency in the 
             accreditation system, and for other purposes.

    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 Reform Act of 2020''.

SEC. 2. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND 
              INTEGRITY.

    Paragraph (1) of section 114(c) of the Higher Education Act of 1965 
(20 U.S.C. 1011c(c)) is amended to read as follows:
            ``(1) advise the Secretary with respect to--
                    ``(A) the establishment and enforcement of the 
                standards of accrediting agencies or associations under 
                subpart 2 of part H of title IV and how such standards 
                relate to programs under such title;
                    ``(B) participation in Federal recognition reviews 
                (including on-site inspections and reviews of 
                institutions of higher education and unannounced site 
                visits) of accrediting agencies or associations, 
                including through document requests that are considered 
                part of the petitions for recognition of such 
                accrediting agencies or associations under section 496; 
                and
                    ``(C) whether to recognize an accrediting agency or 
                association under section 496;''.

SEC. 3. INDEPENDENT EVALUATION OF ACCREDITATION SYSTEM.

    Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b) 
is amended--
            (1) in subsection (n)(1)--
                    (A) in the matter before subparagraph (A), by 
                inserting ``and data and evidence compiled by the 
                Department of Education'' before the second period;
                    (B) by redesignating subparagraphs (A) and (B) as 
                subparagraphs (B) and (C), respectively;
                    (C) by inserting before subparagraph (B), as 
                redesignated by subparagraph (B), the following:
                    ``(A) prior to the solicitation of third-party 
                information concerning the performance of the 
                accrediting agency or association under subparagraph 
                (B), the public comments received by the Secretary 
                pursuant to subsection (r)(1) with respect to the 
                petition of the accrediting agency or association to be 
                recognized under this section;'';
                    (D) in subparagraph (C), as redesignated by 
                subparagraph (B), by striking the period at the end and 
                inserting a semicolon; and
                    (E) by adding at the end the following:
                    ``(D) any data the Department of Education has 
                previously collected with respect to the performance of 
                the institutions of higher education that the 
                accrediting agency or association accredits, 
                including--
                            ``(i) any action taken by the accrediting 
                        agency or association to limit an institution 
                        of higher education, such as restrictions on 
                        enrollment or other substantive changes;
                            ``(ii) any action taken by an accrediting 
                        agency or association to address the retention, 
                        course completion, or graduation rates of an 
                        institution of higher education;
                            ``(iii) student achievement data at such 
                        institutions of higher education;
                            ``(iv) findings under completed program and 
                        audit reviews of such institutions of higher 
                        education; and
                            ``(v) a record of such institutions of 
                        higher education that fail to meet the 
                        financial responsibility requirements under 
                        section 486(d)(2)(C)(i);
                    ``(E) a summary record of other actions (including 
                initial and reaffirmations of accreditation, 
                substantive changes, monitoring, warning, probation, 
                show cause, or limits placed on an institution of 
                higher education accredited by the accrediting agency 
                or association, such as limits on enrollment) taken by 
                the accrediting agency or association and an 
                explanation for such actions; and
                    ``(F) conducted at least once annually, an enhanced 
                review of the standards of any accrediting agency or 
                association that accredited an institution of higher 
                education--
                            ``(i) which was the subject of an 
                        investigation, settlement, or adverse judgement 
                        by a Federal or State authority for a violation 
                        pertaining to fraud or abuse, deceptive 
                        practices, or material harm to students 
                        enrolled or previously enrolled at such 
                        institution of higher education; or
                            ``(ii) that closed without a teach-out 
                        agreement.'';
            (2) in subsection (o), by inserting ``(including 
        limitations on accrediting agencies or associations)'' before 
        ``and for the appeal''; and
            (3) by adding at the end the following:
    ``(r) Transparency Requirements.--
            ``(1) Notice and comment.--The Secretary shall, with 
        respect to each petition made by an accrediting agency or 
        association to receive recognition under this section, make 
        publicly available on the website of the Department of 
        Education for purposes of public notice and comment, the 
        following:
                    ``(A) Such petition.
                    ``(B) With respect to each institution of higher 
                education accredited by the accrediting agency or 
                association that made such petition, a record of 
                student complaints received by, or available to, such 
                accrediting agency or association.
                    ``(C) A record of investigations, lawsuits, 
                settlements, or adverse judgments by a Federal or State 
                authority for a violation relating to fraud or abuse, 
                deceptive practices, or material harm to students 
                enrolled or previously enrolled at each institution of 
                higher education accredited by such accrediting agency 
                or association.
                    ``(D) Any negative action against an institution of 
                higher education accredited by such accrediting agency 
                or association.
                    ``(E) Any documents of such accrediting agency or 
                association requested by the Secretary for purposes of 
                review by the National Advisory Committee on 
                Institutional Quality and Integrity under section 114.
                    ``(F) Such other information as the Secretary 
                determines appropriate.
            ``(2) Accrediting agency or association documents.--The 
        Secretary shall establish and maintain on the website of the 
        Department of Education the following:
                    ``(A) All final documents produced in an 
                accrediting agency or association review of 
                institutions of higher education accredited by such 
                accrediting agency or association, including on-site 
                inspection and unannounced site visit reports, 
                substantive change reviews and decisions, decision 
                letters, and all other final documents that the 
                Secretary determines appropriate.
                    ``(B) All final documents produced by the Secretary 
                in determining whether an accrediting agency or 
                association is recognized under this section, 
                including--
                            ``(i) a summary of any deficiencies found 
                        with respect to such an accrediting agency or 
                        association; and
                            ``(ii) the rationale for recognition or 
                        denial of such an accrediting agency or 
                        association.
                    ``(C) Aggregate outcome data for institutions of 
                higher education accredited by each accrediting agency 
                or association.''.
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