H. R. 2516 (Reported-in-House)

SEC. 2. Prohibition on political litmus tests in accreditation 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) in paragraph (8), by striking “and” at the end;

(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 the standards for accreditation of the agency or association do not—

“(A) except as provided in subparagraph (B)—

“(i) require, encourage, or coerce any institution to—

“(I) support, oppose, or commit to supporting or opposing—

“(aa) a specific partisan, political, or ideological viewpoint or belief or set of such viewpoints or beliefs; or

“(bb) a specific viewpoint or belief or set of viewpoints or beliefs on social, cultural, or political issues; or

“(II) support or commit to supporting the disparate treatment of any individual or group of individuals on the basis of any protected class under Federal civil rights law, except as required by Federal law or a court order; or

“(ii) assess an institution’s or program of study’s commitment to any ideology, belief, or viewpoint;

“(B) prohibit an institution—

“(i) from having a religious mission, operating as a religious institution, 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 effect on the date of the enactment of this paragraph)), or from requiring an applicant, student, employee, or independent contractor (such as an adjunct professor) of such an institution to—

“(I) provide or adhere to a statement of faith; or

“(II) adhere to a code of conduct consistent with the stated religious mission of such institution or the religious tenets of such organization; or

“(ii) from requiring an applicant, student, employee, or contractor to take an oath to uphold the Constitution of the United States; or

“(C) require, encourage, or coerce an institution of higher education to violate any right protected by the Constitution.”.

(b) Limitation on scope of criteria.—Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b) is further amended by amending subsection (g) to read as follows:

“(g) Limitation on scope of criteria.—

“(1) IN GENERAL.—The Secretary shall not establish criteria for accrediting agencies or associations that are not required by this section.

“(2) INSTITUTIONAL ELIGIBILITY.—An institution that is in compliance with the standards of its accrediting agency or association that assess the institution in accordance with subsection (a)(5) shall meet the accreditation requirements for certification as an institution of higher education under section 102 and subpart 3 of this part, regardless of any additional standards adopted by the agency or association for purposes unrelated to participation in programs under this Act.”.