[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3380 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 3380
To amend the Higher Education Act of 1965 to provide for accreditation
reform, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 22, 2016
Ms. Warren (for herself, Mr. Durbin, and Mr. Schatz) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to provide for accreditation
reform, 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 and Enhanced
Accountability Act of 2016''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve the effectiveness of
recognized accreditation as an eligibility requirement for Federal
education funding and to increase the accountability of institutions of
higher education for student outcomes.
SEC. 3. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION.
Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b)
is amended--
(1) in subsection (g)--
(A) in the subsection heading, by striking
``Limitation on'';
(B) by striking ``Nothing in this section shall be
construed to permit the Secretary to establish any
criteria that specifies, defines, or prescribes the
standards that accrediting agencies or associations
shall use to assess any institution's success with
respect to student achievement.''; and
(C) by adding at the end the following: ``Nothing
in this section shall prohibit the Secretary from
establishing regulations regarding the criteria for
accrediting agencies or associations that are required
under this section, including criteria or standards
with respect to student achievement, or from
establishing differentiated recognition processes for
accrediting agencies or associations. Nothing in this
section shall be construed to permit the Secretary to
establish any regulation that limits the academic
freedom of an institution of higher education, such as
any criterion that specifies, defines, or prescribes
curriculum or instruction.''; and
(2) in subsection (o), by striking ``Notwithstanding any
other provision of law, the Secretary shall not promulgate any
regulation with respect to the standards of an accreditation
agency or association described in subsection (a)(5).''.
SEC. 4. ACCREDITATION STANDARDS.
Section 496(a) of the Higher Education Act of 1965 (20 U.S.C.
1099b(a)) is amended--
(1) in the matter preceding paragraph (1), by striking ``of
student achievement'' and inserting ``for the effectiveness of
accrediting agencies or associations'';
(2) in paragraph (4)(A), by striking ``the stated objective
for which the courses or the programs are offered'' and
inserting ``the objectives for which courses or programs of
this type are offered''; and
(3) in paragraph (5)--
(A) in the matter preceding subparagraph (A), by
striking ``assess the institution's'' and inserting
``meet the criteria established by the Secretary with
respect to such standards and assess and make
accreditation determinations based on the
institution's'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) outcomes and success with respect to student
achievement in relation to the institution's mission,
according to standards determined by the Secretary, and
data provided by the Secretary to accrediting agencies
or associations, including retention rate, graduation
and course completion rates, cohort default rate,
repayment rate, transfer rate, student earnings after
graduation, and job placement rates, professional and
vocational certification and licensing examination pass
rate, as applicable, and additional measures of student
achievement, as determined by the Secretary;'';
(C) by striking subparagraph (E) and inserting the
following:
``(E) affordability, such as average net price and
changes in tuition and fees;'';
(D) in subparagraph (I)--
(i) by inserting ``and any actions taken
against the institution by any State or the
Federal Government, including ongoing
investigations, lawsuits that have survived
motions to dismiss, settlements, or any
judgments against the institution in a State or
Federal court'' after ``the agency or
association''; and
(ii) by striking ``and'' after the
semicolon;
(E) by striking subparagraph (J) and inserting the
following:
``(J) record of compliance with its program
responsibilities under this title based on information
the Secretary may provide to the agency or association;
and''; and
(F) by inserting after subparagraph (J) the
following:
``(K) enrollment levels of students receiving
Federal Pell Grants;''.
SEC. 5. MINIMUM BASELINE THRESHOLD.
Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b)
is amended by adding at the end the following:
``(r) Minimum Baseline Threshold.--
``(1) In general.--In order to be recognized by the
Secretary as a reliable authority as to the quality of
education or training offered by an institution of higher
education seeking to participate in the programs authorized
under this title, an accrediting agency or association shall
require that each institution of higher education subject to
its jurisdiction meet or exceed the baseline thresholds
established by the Secretary pursuant to paragraph (3) for the
student achievement measures described in paragraph (2) not
less than 2 out of 3 consecutive years, in order to remain
accredited by the agency or association.
``(2) Student achievement measures.--The student
achievement measures required under this subsection shall be
each of the following:
``(A) The graduation rate, as defined by the
Secretary through regulations, of the institution of
higher education, for the most recent year or years for
which data are available, for all students attending
the institution.
``(B) The 3-year cohort default rate, calculated
for the most recent year for which data are available,
for all individuals who entered repayment on any
Federal Direct Loan received for attendance at the
institution during the applicable year (as determined
in accordance with section 435(m)).
``(C) The 5-year cohort repayment rate, as defined
by the Secretary through regulations, calculated for
the most recent year for which data are available, for
all individuals who entered repayment on any Federal
Direct Loan received for attendance at the institution
during the applicable year.
``(D) Any other measure, as determined by the
Secretary through regulation, in consultation with the
Commissioner of the National Center for Education
Statistics.
``(3) Baseline thresholds.--The Secretary shall, through
regulations, establish a baseline threshold for each of the
student achievement measures described in paragraph (2) in
relation to the institution's mission.
``(4) Student achievement data.--The Secretary shall
annually provide the necessary student achievement data to
accrediting agencies or associations to carry out this
subsection.
``(5) Rule of construction.--Nothing in this subsection
shall be construed as prohibiting an accrediting agency or
association from assessing institutions of higher education
using a holistic review of student achievement, which may
include measures and thresholds beyond what is required by this
subsection, or in subsection (a)(5)(A), for the purposes of
continuous institutional improvement.''.
SEC. 6. ACCREDITATION REVIEWS.
Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b),
as amended by section 5, is further amended by adding at the end the
following:
``(s) Accreditation Reviews.--
``(1) Standard reviews.--In order to be recognized by the
Secretary as a reliable authority as to the quality of
education or training offered by an institution of higher
education seeking to participate in the programs authorized
under this title, an accrediting agency or association shall--
``(A) require that each institution of higher
education subject to its jurisdiction undergo a
standard accreditation review at regular intervals as
determined by the agency or association, and before the
agency or association first provides accreditation to
such institution; and
``(B) conduct the standard accreditation review and
make accreditation determinations based on the
standards described in subsection (a)(5).
``(2) Enhanced accreditation reviews.--
``(A) In general.--In order to be recognized by the
Secretary as a reliable authority as to the quality of
education or training offered by an institution of
higher education seeking to participate in the programs
authorized under this title, an accrediting agency or
association shall carry out an enhanced accreditation
review of an institution of higher education subject to
its jurisdiction--
``(i) immediately after the agency or
association learns--
``(I) that the institution is the
subject of an investigation,
settlement, or adverse judgment by a
Federal authority (other than the
Department) or a State for a violation
relating to fraud or abuse, deceptive
practices, or material harm to students
enrolled, or previously enrolled, at
the institution; or
``(II) of any other situation or
factor required by the Secretary
through regulations promulgated under
this section that relate to the student
achievement measures described in
subsection (r);
``(ii) if the agency or association has
reason to believe that the institution is
failing to meet its program responsibilities
under this title or is engaged in fraud or
abuse, deceptive practices, or material harm to
students enrolled, or previously enrolled, at
the institution; or
``(iii) at any other time the agency or
association determines necessary, as outlined
in the agency or association's standards.
``(B) Content of an enhanced accreditation
review.--For each enhanced accreditation review
required under subparagraph (A)--
``(i) the accrediting agency or association
may consider any of the factors that it
considers during a standard accreditation
review;
``(ii) the accrediting agency or
association shall--
``(I) investigate the issue that
triggered the enhanced accreditation
review; and
``(II) determine if the
accreditation of the institution should
be withdrawn or suspended, or if any
other action should be taken; and
``(iii) the institution shall be required
to make additional disclosures, as determined
by the Secretary through regulations
promulgated under this section, to the students
attending the institution and to the public.
``(C) Review reporting requirements.--An
accrediting agency or association that conducts an
enhanced accreditation review under this paragraph
shall make available to the public on the agency or
association's website and submit to the Secretary, the
appropriate State licensing or authorizing agency, and
the appropriate State Attorney General--
``(i) when the agency or association
initiates the enhanced accreditation review and
the reason for conducting the enhanced
accreditation review;
``(ii) at the conclusion of the enhanced
accreditation review, the information obtained
by the agency or association as part of the
enhanced accreditation review, including the
institution's performance on the student
achievement measures, to the extent required by
the Secretary through regulations promulgated
under this section; and
``(iii) at the conclusion of the enhanced
accreditation review, the outcome of the
enhanced accreditation review and an
explanation of the reasons for any actions
taken as a result of the enhanced accreditation
review.''.
SEC. 7. ACCREDITATION AGENCY ACTION.
Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b),
as amended by sections 5 and 6, is further amended by adding at the end
the following:
``(t) Accreditation Agency Action.--
``(1) In general.--In order to be recognized by the
Secretary as a reliable authority as to the quality of
education or training offered by an institution of higher
education seeking to participate in the programs authorized
under this title, an accrediting agency or association shall
agree to take action, as described in paragraph (2), with
respect to an institution of higher education subject to its
jurisdiction if any of the following occur:
``(A) Change in ownership of the institution.
``(B) Rapid change in size of student population at
the institution, as defined by the Secretary in
regulations promulgated under this section.
``(C) Any notification by the Secretary to the
agency or association of poor financial health,
including--
``(i) a lowering in the credit rating
provided to the institution by a credit rating
agency (as defined in section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C.
78c(a))); and
``(ii) any other indicator of financial
weakness as defined by the Secretary, which may
include heightened cash monitoring or the
requirement to post a letter of credit.
``(D) Any substantive change to the institution's
programs or locations.
``(E) Any other event determined appropriate by the
Secretary through regulations promulgated under this
section.
``(F) Any other event determined by the accrediting
agency or association.
``(2) Actions.--The actions that may be taken by an
accrediting agency or association under this paragraph are the
following:
``(A) An enhanced accreditation review.
``(B) Formal accrediting action taken by the agency
or association, such as a compliance assessment or the
imposition of formal conditions on accreditation that
occurs separate from the standard accreditation
reviews.
``(C) A formal request for additional information.
``(D) A recommendation that the institution
carefully monitor and report to the accrediting agency
or association factors relating to the event described
in paragraph (1), or put into place appropriate
controls or improvement strategies relating to such
event.
``(E) Other actions determined appropriate by the
accrediting agency or association.''.
SEC. 8. OPERATING PROCEDURES.
(a) Notification.--Section 496(a)(7) of the Higher Education Act of
1965 (20 U.S.C. 1099b(a)(7)) is amended--
(1) by striking ``the Secretary and the appropriate State
licensing or authorizing agency within 30 days'' and inserting
``the Secretary, the appropriate State licensing or authorizing
agency, and the appropriate State Attorney General, within 30
days''; and
(2) by striking ``adverse'' and inserting ``negative''.
(b) Availability to the Public.--Section 496(c) of the Higher
Education Act of 1965 (20 U.S.C. 1099b(c)) is amended--
(1) in paragraph (7)--
(A) in the matter preceding subparagraph (A), by
striking ``makes available to the public and the State
licensing or authorizing agency, and submits to the
Secretary, a summary of agency or association actions''
and inserting ``makes available to the public on the
agency or association's website and submits to the
Secretary, the appropriate State licensing or
authorizing agency, and the appropriate State Attorney
General, and other relevant agencies, which may include
the Bureau of Consumer Financial Protection, the
Federal Trade Commission, the Department of Defense,
and the Department of Veterans Affairs, as appropriate,
a summary of and justification for the final decision
issued to the institution regarding each accreditation
action''; and
(B) in subparagraph (C), by striking ``adverse
action taken with respect to an institution or
placement on probation of an institution'' and
inserting ``negative action taken, including an order
to show cause, with respect to an institution, or
placement on probation of an institution'';
(2) in paragraph (8), by striking ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(10) turns over to the Secretary all accreditation
documents of an institution that closes; and''.
SEC. 9. CONFLICT OF INTEREST.
Section 496(a) of the Higher Education Act of 1965 (20 U.S.C.
1099b(a)) is amended--
(1) in paragraph (7), by striking ``and'' after the
semicolon;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) such agency or association prohibits an individual--
``(A) from participating in any review or decision
making role in any part of the agency's or
association's accreditation process, including service
on the agency's or association's commission or
governing board and reviewing or deciding on
accreditation policies or the accreditation status of
institutions or programs, if the individual, or a
family member of the individual (as defined by the
Secretary)--
``(i) is an administrative officer of an
institution of higher education accredited by
or seeking accreditation from such agency or
association;
``(ii) has a financial stake in any
institution of higher education (other than as
an employee), including as an investor,
bondholder, creditor, vendor, or contractor;
``(iii) has a fiduciary responsibility to
an institution of higher education accredited
by or seeking accreditation from such agency or
association;
``(iv) is a federally registered lobbyist;
or
``(v) is ineligible to participate under
regulations prescribed by the Secretary based
on affiliation with an institution that has a
history of administrative or legal action
brought on behalf of students or taxpayers, or
that currently faces such action, or that
closed without providing equitable treatment of
students; and
``(B) from participating in any review or decision
making role in any part of the agency's or
association's accreditation process with respect to a
particular institution or program, if the individual,
or a family member of the individual (as defined by the
Secretary), is an employee or was an employee in the
preceding 3 years of the institution or program.''.
SEC. 10. ACCREDITATION AGENCY ACCOUNTABILITY.
(a) In General.--Section 496 of the Higher Education Act of 1965
(20 U.S.C. 1099b) is amended--
(1) in subsection (l)(1)--
(A) in subparagraph (A), by striking ``or'' after
the semicolon;
(B) in subparagraph (B)(ii), by striking the period
at the end and inserting ``; or''; and
(C) by adding at the end the following:
``(C) impose a fine if the agency or association
failed to notify the Secretary when the agency or
association had reason to believe an institution of
higher education was failing to meet its program
responsibilities under this title or was engaged in
fraud or abuse, deceptive practices, or material harm
to students enrolled, or previously enrolled, at the
institution, or failed to take action under subsection
(t)(2) for such an institution.''; and
(2) in subsection (n)--
(A) in paragraph (3)--
(i) in the first sentence, by inserting
``or any institution that the agency or
association accredits'' before the period at
the end;
(ii) by inserting after the first sentence
the following: ``The Secretary shall conduct a
performance-based review and make a holistic
judgment regarding whether the accrediting
agency or association is a reliable authority
on the quality of postsecondary education,
including the quality of the agency's or
association's processes to accurately assess
outcomes and success with respect to student
achievement of the institutions the agency or
association accredits to deliver a quality
education consistent with the missions of the
institutions, and the effectiveness,
timeliness, and consistency of the accrediting
agency or association in addressing the
standards in subsection (a).''; and
(iii) by striking ``The Secretary shall
not, under any circumstances, base decisions on
the recognition or denial of recognition of
accreditation agencies or associations on
criteria other than those contained in this
section.''; and
(B) by adding at the end the following:
``(5)(A) Not later than 30 days after a finding by a
Federal or State agency or court of law that an institution of
higher education has violated a Federal or State law related to
fraud or abuse, deceptive practices, materially harmed students
enrolled, or previously enrolled, at the institution of higher
education, breached its fiduciary duty to the Department under
this title, been the subject of a settlement or lawsuit that
has survived a motion to dismiss by a State or Federal entity
related to fraud or abuse or deceptive practices, or filed for
bankruptcy, the Secretary shall carry out the following:
``(i) Initiate a review of the accrediting agency
or association that accredited the institution to
determine if the accrediting agency or association
failed to effectively apply the criteria in this
section, or is otherwise not in compliance with the
requirements of this section, and, if the accrediting
agency or association is not in compliance, shall
initiate action pursuant to subsection (l) to take any
or all of the following actions:
``(I) Limit, suspend, or terminate
recognition of the agency or association.
``(II) Require the agency or association to
take appropriate action.
``(III) Impose a fine for noncompliance.
``(ii) Make publicly available the initiation of
the review and outcome.
``(B) The Office of Inspector General of the Department
shall review, on an annual basis, the Secretary's actions under
this subsection, along with findings by the Secretary and
provide recommendations on appropriate fines or actions
(including withdrawing approval or recognition of the
accrediting agency or association) against an accrediting
agency or association sanctioned under this section to the
Secretary and appropriate Department staff.
``(C) The Office of Inspector General of the Department
shall provide a report that is made available to the public and
provide a copy to the National Advisory Committee on
Institutional Quality and Integrity, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee
on Education and the Workforce of the House of Representatives
on the review under subparagraph (B).
``(D) Any monetary penalty or payment assessed by an
accrediting agency or association on institutions of higher
education subject to the jurisdiction of the agency or
association as a result of a fine imposed under this paragraph
shall be assessed equally to each institution subject to the
jurisdiction of the agency or association.''.
SEC. 11. CREDIT TRANSFER AGREEMENT.
Section 496(c) of the Higher Education Act of 1965 (20 U.S.C.
1099b(c)), as amended by section 8(b), is further amended by adding at
the end the following:
``(11)(A) not later than 4 years after the date of
enactment of the Accreditation Reform and Enhanced
Accountability Act of 2016, requires that each institution
subject to the jurisdiction of the agency or association have a
credit transfer agreement with all other institutions
accredited by the agency or association that provides for the
transfer of credit earned for all general education courses and
for courses required as part of substantially similar programs;
and
``(B) confirms, as a part of the accreditation or
reaccreditation review conducted by the agency or association,
that the institution has transfer of credit policies that--
``(i) meet the requirements of subparagraph (A);
``(ii) are publicly disclosed; and
``(iii) include a statement of the criteria
established by the institution regarding the transfer
of credit earned at another institution of higher
education.''.
SEC. 12. ACCREDITATION DISCLOSURE.
(a) Accreditation Disclosure System.--Part G of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by
adding at the end the following:
``SEC. 493E. ACCREDITATION DISCLOSURE SYSTEM.
``(a) In General.--Not later than 18 months after the date of
enactment of the Accreditation Reform and Enhanced Accountability Act
of 2016, the Secretary shall design and establish standards for
standardized online accreditation disclosures by institutions of higher
education that participate in any program under this title. The
Secretary shall require each such institution of higher education to--
``(1) display, prominently on the institution's website, a
standard form of disclosure of the institution's accreditation
status, designed by the Secretary, including whether the status
is under appeal;
``(2) regularly update such display as its accreditation
status changes; and
``(3) include a link from such display, including on the
homepage of the institution's website, to any applicable
supporting public documentation relating to the institution's
accreditation status, including correspondence to and from the
accrediting agency or association.
``(b) Accreditation Terminology.--The Secretary shall work with
accrediting agencies and associations to establish by regulation common
definitions for the various accreditation statuses and actions taken by
accrediting agencies and associations, for use by such agencies and
associations in all public documents and reporting to the Secretary,
State licensing or authorizing agency, and State Attorneys General.
``(c) Coordination.--In developing the system described in
subsection (a), the Secretary shall consult with the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Education and the Workforce of the House of Representatives, other
Federal agencies, student and consumer advocacy groups, institutions of
higher education, accrediting agencies and associations, and other
entities determined appropriate by the Secretary.
``(d) Accreditation Status.--In this section, the term
`accreditation status' means--
``(1) the issuance of any order to show cause;
``(2) the initiation of an enhanced accreditation review
under this Act and any action taken as a result of such review;
``(3) any action taken pursuant to section 496(t)(2);
``(4) any other action taken by an accrediting agency or
association, as described in subparagraph (A), (B), or (C) of
section 496(c)(8); and
``(5) any other factor determined appropriate by the
Secretary through regulation.
``(e) Transparency.--Not later than 1 year after the date of
enactment of the Accreditation Reform and Enhanced Accountability Act
of 2016, the Secretary shall collect from accrediting agencies and
associations and publish on a federally maintained website all final
documents produced in the agencies' and associations' reviews of
institutions of higher education, including site-visit reports,
decision letters, a list of members of the review committees, and all
other final documents that the Secretary determines appropriate.''.
(b) Program Participation Agreement.--Section 487(a) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the
end the following:
``(30) Not later than 3 years after the date of enactment
of the Accreditation Reform and Enhanced Accountability Act of
2016, the institution will use, prominently on the
institution's website, the standardized online accreditation
disclosure system established by the Secretary under section
493E to--
``(A) disclose the accreditation status of the
institution; and
``(B) update the disclosure within 48 hours of
receiving notification from an accrediting agency or
association of a change in accreditation status.''.
SEC. 13. DIFFERENTIATED ACCREDITATION STATUS.
Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b),
as amended by sections 5, 6, and 7, is further amended by adding at the
end the following:
``(u) Differentiated Accreditation Status.--
``(1) In general.--Solely for purposes of consumer
information, an accrediting agency or association may designate
an institution of higher education that the agency or
association accredits as `accredited with distinction' or
`accredited with risk' according to definitions developed by
the Secretary under paragraph (2).
``(2) Designation definitions.--The Secretary, through
regulation, shall develop definitions of `accredited with
distinction' and `accredited with risk' that an accrediting
agency or association shall use in making designations under
paragraph (1) based on student achievement standards developed
in accordance with subsection (a)(5)(A) in relation to the
institution of higher education's mission.''.
SEC. 14. TEACH-OUT PLANS.
Section 496(c) of the Higher Education Act of 1965 (20 U.S.C.
1099b(c)), as amended by sections 8 and 11, is further amended--
(1) by striking paragraph (3) and inserting the following:
``(3)(A) requires an institution to submit for approval to
the accrediting agency or association a teach-out plan if--
``(i) the accrediting agency or association acts to
withdraw, terminate, or suspend the accreditation of
the institution;
``(ii) the accrediting agency or association
requires the institution to show cause for continued
accreditation; or
``(iii) the institution notifies the accrediting
agency or association that the institution intends to
cease operations;
``(B) requires an institution to--
``(i) submit for approval to the accrediting agency
or association a teach-out plan not later than 30 days
after the date--
``(I) the Department notifies the
accrediting agency or association of an action
against the institution pursuant to section
487(f);
``(II) the accrediting agency or
association places the institution on probation
or show cause, or notifies the institution that
the agency or association deems it a high-risk
institution;
``(III) the institution is required to post
a Letter of Credit to the Department of
Education;
``(IV) the institution is placed on
Heightened Cash Monitoring 2;
``(V) the institution receives a failing
Financial Responsibility Composite Score;
``(VI) the institution is subject to an
enhanced accreditation review under subsection
(s)(2); or
``(VII) the institution is at risk under
regulations prescribed by the Secretary for
this purpose; and
``(ii) regularly update and maintain the teach-out
plan until such time as the Secretary determines; and
``(C) does not approve a teach-out plan that includes a
plan for the participation of any institution of higher
education that is the subject of an investigation, settlement,
or adverse judgment by a Federal authority (including the
Department) or a State for a violation relating to fraud or
abuse, deceptive practices, or material harm to students
enrolled, or previously enrolled, at the institution;'';
(2) by redesignating paragraphs (4) through (11) as
paragraphs (5) through (12), respectively; and
(3) by inserting after paragraph (3) the following:
``(4) with respect to private institutions, ensures that
sufficient funds have been, or will be, allocated to carry out
all teach-out plans and agreements required under paragraph
(3);''.
SEC. 15. JURISDICTION.
Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b),
as amended by sections 5, 6, 7, and 13, is further amended by adding at
the end the following:
``(v) Jurisdiction.--Notwithstanding any other provision of law,
any civil action brought by any party regarding this section or
implementing regulations, or an institution of higher education seeking
accreditation from, or accredited by, an accrediting agency or
association recognized by the Secretary for the purpose of this title
and involving the denial, withdrawal, or termination of accreditation
of the institution of higher education, shall be brought in the
appropriate United States district court.''.
SEC. 16. CHANGE OF ACCREDITOR.
Section 496(h) of the Higher Education Act of 1965 (20 U.S.C.
1099b(h)) is amended to read as follows:
``(h) Change of Accrediting Agency or Association.--The Secretary
shall not recognize the accreditation of any otherwise eligible
institution of higher education that is in the process of changing its
accrediting agency or association, including due to a change in
ownership of the institution, unless--
``(1) the institution submits for approval to the Secretary
all materials relating to the prior accreditation, including
materials that the Secretary determines demonstrate reasonable
cause for changing the accrediting agency or association;
``(2) the institution received full reaccreditation from
the prior accrediting agency or association during the 24-month
period preceding the date of the recognition; and
``(3) the institution was reaccredited under its prior
accrediting agency or association's most recent accreditation
standards.''.
SEC. 17. SENSE OF CONGRESS.
It is the sense of Congress that nothing in this Act or the
amendments made by this Act limits the generally accepted principles of
academic freedom of an institution of higher education or should be
construed as providing authority to the Secretary of Education to limit
that academic freedom.
SEC. 18. RULES OF CONSTRUCTION; STUDENT ACHIEVEMENT DATA.
Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b),
as amended by sections 5, 6, 7, 13, and 15, is further amended by
adding at the end the following:
``(w) Differentiated Accreditation Processes.--Nothing in this
title shall be interpreted to prevent an accrediting agency or
association from establishing differentiated accreditation processes
for institutions based on risk.
``(x) Applicability.--The provisions of this section shall apply to
both institutional and programmatic accreditation that is a condition
for an institution to be an eligible institution for the purposes of
any program authorized under this title.
``(y) Student Achievement Data.--
``(1) In general.--The Secretary shall provide the
necessary student achievement data to accrediting agencies or
associations needed to implement subsection (a)(5)(A).
``(2) Disaggregation.--To the extent practicable, the data
described in paragraph (1) shall be provided to accrediting
agencies or associations in a manner that can be disaggregated
by Pell Grant recipients.''.
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