1. Short title This Act may be cited as the Fairness in Higher Education Accreditation Act . 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)— (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 following: (K) except in the case of an institution described in subsection (r)(2), success in ensuring a right of free inquiry (as defined in subsection (r)(1)); ; (B) in paragraph (7), by striking and after the semicolon; (C) in paragraph (8), by striking the period 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. ; (2) in subsection (g), in the second sentence, by striking Nothing in this Act and inserting Subject to subsection (a)(9), nothing in this Act ; (3) in subsection (p), by striking Nothing in subsection (a)(5) and inserting Subject to subsection (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 Constitution, compliance with— (i) the First Amendment to the Constitution, including protections for freedom of speech, association, press, religion, assembly, and petition; and (ii) the institution's own written policies regarding academic freedom