HouseH.R. 9881119th Congress

Higher Education Accreditation Accountability Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9881 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                                H. R. 9881

   To modify the procedure for an institution of higher education to 
change the institution's primary accrediting agency or association, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2026

  Mr. Takano introduced the following bill; which was referred to the 
                  Committee on Education and Workforce

_______________________________________________________________________

                                 A BILL

 
   To modify the procedure for an institution of higher education to 
change the institution's primary accrediting agency or association, 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 ``Higher Education Accreditation 
Accountability Act''.

SEC. 2. ACCREDITATION.

    Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b) 
is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1) by 
                inserting ``(referred to in this section as 
                `recognition')'' after ``Federal purposes'';
                    (B) by redesignating paragraphs (2) through (8) as 
                paragraphs (3) through (9), respectively; and
                    (C) by inserting after paragraph (1) the following:
            ``(2) the accrediting agency or association shall 
        demonstrate, prior to submitting an application for 
        recognition, that the agency or association--
                    ``(A) has effectively accredited at least one 
                institution of higher education or program of an 
                institution for not less than 2 consecutive years 
                immediately preceding the application;
                    ``(B) is legally established to operate in the 
                relevant jurisdiction where it is seeking recognition; 
                and
                    ``(C) has established standards and operating 
                procedures the agency or association is capable of 
                enforcing and that are consistent with the Department's 
                criteria for recognition;'';
            (2) by striking subsection (d) and inserting the following:
    ``(d) Recognition Procedures; Length of Recognition; Limitation.--
            ``(1) Recognition procedures.--The Secretary shall ensure 
        that an application for recognition under this section shall 
        not be considered by the National Advisory Committee on 
        Institutional Quality and Integrity until the Secretary has 
        determined that the accrediting agency or association meets all 
        criteria for recognition.
            ``(2) Length of recognition.--
                    ``(A) Initial recognition.--
                            ``(i) Duration.--The Secretary shall not 
                        grant an initial recognition for the first time 
                        for an agency or association for a period of 
                        more than 3 years.
                            ``(ii) Documentation.--During such initial 
                        recognition period, an agency or association 
                        shall provide to the Secretary all 
                        documentation pertaining to the accreditation 
                        of any new program or institution.
                    ``(B) Subsequent recognition.--Following an initial 
                recognition under subparagraph (A), an accrediting 
                agency or association may be recognized by the 
                Secretary for the purpose of this Act for a period of 
                not more than 5 years.'';
            (3) by striking subsection (h) and inserting the following:
    ``(h) Approval for Changing a Primary Accrediting Agency or 
Association.--
            ``(1) In general.--The Secretary shall not recognize the 
        accreditation of any otherwise eligible institution of higher 
        education if the institution of higher education changes the 
        institution's primary accrediting agency or association without 
        an approved application to do so in accordance with this 
        subsection.
            ``(2) Primary accrediting agency or association.--For 
        purposes of this subsection and subsection (i), the term 
        `primary accrediting agency or association' means the 
        accrediting agency or association that the institution has 
        designated as the agency or association providing the 
        accreditation to be utilized in determining the institution's 
        eligibility for programs under this Act.
            ``(3) Application.--Before an institution of higher 
        education changes the institution's primary accrediting agency 
        or association, an institution of higher education shall submit 
        an application to the Secretary containing each of the 
        following:
                    ``(A) A notification in writing of the 
                institution's intent to change the institution's 
                primary accrediting agency or association, which shall 
                include--
                            ``(i) the name of the institution's primary 
                        accrediting agency or association as of the 
                        date of the application, and, if applicable, 
                        the name of the institution's proposed new 
                        primary accrediting agency or association;
                            ``(ii) the date that the institution's 
                        current accreditation (held as of the date of 
                        the application) from the primary accrediting 
                        agency or association is set to expire;
                            ``(iii) the reason or reasons that the 
                        institution is seeking to change the 
                        institution's primary accrediting agency or 
                        association;
                            ``(iv) an explanation of how the proposed 
                        new primary accrediting agency or association 
                        will maintain or strengthen institutional 
                        quality and protect students; and
                            ``(v) an explanation of--
                                    ``(I) how the standards of the 
                                proposed new primary accrediting agency 
                                or association are aligned with the 
                                institution's mission; and
                                    ``(II) how such mission alignment 
                                compares to the institution's mission 
                                alignment with the standards of the 
                                institution's current primary 
                                accrediting agency or association (held 
                                as of the date of the application).
                    ``(B) Supporting materials demonstrating reasonable 
                cause for the change, including each of the following:
                            ``(i) Documentation supporting the 
                        institution's claim that the institution has 
                        reasonable cause to change the institution's 
                        primary accrediting agency or association.
                            ``(ii) Materials demonstrating reasonable 
                        cause to change the institution's primary 
                        accrediting agency or association.
                            ``(iii) The most recent accreditation 
                        determination letter from the institution's 
                        current primary accrediting agency or 
                        association (held as of the date of the 
                        application).
                            ``(iv) Reports from visiting teams or other 
                        feedback from that accrediting agency or 
                        association, whether final or preliminary, from 
                        the prior 3 years.
                            ``(v) Information regarding pending student 
                        complaints and investigations regarding the 
                        institution by State or local licensing and law 
                        enforcement agencies.
                            ``(vi) Documentation from the institution's 
                        primary accrediting agency or association 
                        confirming whether, since the date of the 
                        agency or association's most recent 
                        accreditation determination letter to the 
                        institution, the agency or association has 
                        opened any inquiries, had substantive dialogue 
                        regarding the institution's compliance with 
                        agency standards, or taken any actions.
            ``(4) Public input, review, determination, and approval.--
                    ``(A) Public input.--Upon receipt of an application 
                under paragraph (3), the Secretary shall--
                            ``(i) publish a public notice in the 
                        Federal Register regarding the institution's 
                        request to change its primary accrediting 
                        agency or association; and
                            ``(ii) provide a period of not less than 30 
                        days for the submission of public comments 
                        regarding that request.
                    ``(B) Review.--The Secretary shall undertake a 
                review of the application of an institution to change 
                the institution's primary accreditation agency or 
                association and shall not automatically approve any 
                such application. The Secretary shall evaluate whether 
                the application reflects--
                            ``(i) an attempt by the institution to 
                        avoid sanctions or discipline from the 
                        institution's current primary accrediting 
                        agency or association;
                            ``(ii) an attempt by the institution to 
                        lessen oversight or rigor from the 
                        institution's current primary accrediting 
                        agency or association;
                            ``(iii) an attempt by the institution to 
                        avoid scrutiny by State or local licensing and 
                        law enforcement agencies regarding the ethical 
                        treatment of students;
                            ``(iv) whether the institution is seeking 
                        to change its primary accrediting agency or 
                        association because the institution's proposed 
                        new primary agency or association has standards 
                        more closely aligned with the institution's 
                        mission than the current primary accrediting 
                        agency or association; or
                            ``(v) whether the application involves an 
                        accrediting agency or association that has been 
                        subject to Department action.
                    ``(C) Determination.--The Secretary shall determine 
                that an institution does not have reasonable cause to 
                change the institution's primary accrediting agency or 
                association, and shall deny such an application, if the 
                institution--
                            ``(i) has had its accreditation withdrawn, 
                        revoked, or otherwise terminated (and such 
                        withdrawal, revocation, or termination has not 
                        been rescinded by that same agency or 
                        association) during the preceding 24-month 
                        period; or
                            ``(ii) has been subject to a probation or 
                        its equivalent, a show cause order, or a 
                        suspension order during the preceding 24-month 
                        period.
                    ``(D) Approval.--The Secretary shall--
                            ``(i) determine whether the institution has 
                        reasonable cause to change the institution's 
                        primary accreditation agency or association by 
                        considering the factors described in 
                        subparagraph (B); and
                            ``(ii)(I) notify the institution in writing 
                        of the Secretary's decision to approve or deny 
                        the institution's application to change its 
                        primary accrediting agency or association under 
                        this subsection not later than 90 days after 
                        the end of the period for public comment under 
                        subparagraph (A)(ii); or
                            ``(II) if needed to undertake a meaningful 
                        review--
                                    ``(aa) notify the institution in 
                                writing that the review period has been 
                                extended; and
                                    ``(bb) approve or deny the 
                                institution's application not later 
                                than another 90 days after the deadline 
                                described in clause (i).''.

SEC. 3. APPLICABILITY.

    This Act, and the amendments made by this Act, shall apply--
            (1) to an accrediting agency or association that seeks 
        recognition under section 496 of the Higher Education Act of 
        1965 (20 U.S.C. 1099b) through a determination by the Secretary 
        of Education that the agency or association is a reliable 
        authority as to the quality of education or training offered 
        for the purposes of that Act or for other Federal purposes, or 
        that seeks a renewal of such recognition, after the date of 
        enactment of this Act; and
            (2) to an institution of higher education that seeks to 
        change its primary accrediting agency or association after the 
        date of enactment of this Act.
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