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20 U.S.C. § 1011c — National Advisory Committee on Institutional Quality and Integrity

submitted 28 years ago by Pub. L. 89-329 to r/title-20-EDUCATION · 986 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Department has an 18-member advisory Committee on accreditation and institutional eligibility, appointed by the Secretary, House Speaker, and Senate president pro tempore. It advises the Secretary, follows meeting and reporting rules, and terminates September 30, 2021.

(a) The Department has a National Advisory Committee on Institutional Quality and Integrity (“Committee”) to assess accreditation and higher-education institutional eligibility and certification under subchapter IV. (b) The Committee has 18 members: six appointed by the Secretary, six by the House Speaker (three on each party leader’s recommendation), and six by the Senate president pro tempore (three on each party leader’s recommendation). Members are selected for experience, integrity, impartiality, judgment, knowledge of postsecondary education across institution types, and technical and professional knowledge of accreditation and administration. Terms are six years, except a vacancy appointee serves the remaining term. Vacancies are filled the same way within 90 days; for a Secretary appointment, nominations must be solicited in the Federal Register within 30 days after notice. Initial terms are three years for Secretary appointees, four years for House appointees, and six years for Senate appointees. Members select the chair. (c) The Committee advises the Secretary on accrediting standards and enforcement, recognition of accrediting agencies, the nationally recognized-agencies list, institutional eligibility and certification and improvements, the relationship of accreditation and State licensing, and other regulatory advisory functions. (d) It meets at least twice yearly. The Secretary must publish meeting dates and locations at least 30 days beforehand. The chair sets the agenda, which must allow public comment. The Secretary designates an employee to serve as the Secretary’s designee to the Committee, and the Chairperson must invite the designee to attend all Committee meetings. Chapter 10 of title 5 applies, except section 1013. (e) Each year the Secretary must publish member names, term expirations, appointing officials, and nominations for expiring Secretary-appointed terms. By the last day of each fiscal year, the Committee must make an annual report available to the Secretary, the authorizing committees, and the public. The report must describe the prior year’s agenda, activities, findings, recommendations, meetings, members, and functions. (f) The Committee terminates September 30, 2021.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment

There is established in the Department a National Advisory Committee on Institutional Quality and Integrity (in this section referred to as the “Committee”) to assess the process of accreditation and the institutional eligibility and certification of institutions of higher education (as defined in section 1002 of this title) under subchapter IV.

(b) Membership
(1) In general

The Committee shall have 18 members, of which—

(A)

six members shall be appointed by the Secretary;

(B)

six members shall be appointed by the Speaker of the House of Representatives, three of whom shall be appointed on the recommendation of the majority leader of the House of Representatives, and three of whom shall be appointed on the recommendation of the minority leader of the House of Representatives; and

(C)

six members shall be appointed by the President pro tempore of the Senate, three of whom shall be appointed on the recommendation of the majority leader of the Senate, and three of whom shall be appointed on the recommendation of the minority leader of the Senate.

(2) Qualifications

Individuals shall be appointed as members of the Committee—

(A)

on the basis of the individuals’ experience, integrity, impartiality, and good judgment;

(B)

from among individuals who are representatives of, or knowledgeable concerning, education and training beyond secondary education, representing all sectors and types of institutions of higher education (as defined in section 1002 of this title); and

(C)

on the basis of the individuals’ technical qualifications, professional standing, and demonstrated knowledge in the fields of accreditation and administration in higher education.

(3) Terms of members

Except as provided in paragraph (5), the term of office of each member of the Committee shall be for six years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of such term.

(4) Vacancy

A vacancy on the Committee shall be filled in the same manner as the original appointment was made not later than 90 days after the vacancy occurs. If a vacancy occurs in a position to be filled by the Secretary, the Secretary shall publish a Federal Register notice soliciting nominations for the position not later than 30 days after being notified of the vacancy.

(5) Initial terms

The terms of office for the initial members of the Committee shall be—

(A)

three years for members appointed under paragraph (1)(A);

(B)

four years for members appointed under paragraph (1)(B); and

(C)

six years for members appointed under paragraph (1)(C).

(6) Chairperson

The members of the Committee shall select a chairperson from among the members.

(c) Functions

The Committee shall—

(1)

advise the Secretary with respect to establishment and enforcement of the standards of accrediting agencies or associations under subpart 2 of part H of subchapter IV;

(2)

advise the Secretary with respect to the recognition of a specific accrediting agency or association;

(3)

advise the Secretary with respect to the preparation and publication of the list of nationally recognized accrediting agencies and associations;

(4)

advise the Secretary with respect to the eligibility and certification process for institutions of higher education under subchapter IV, together with recommendations for improvements in such process;

(5)

advise the Secretary with respect to the relationship between—

(A)

accreditation of institutions of higher education and the certification and eligibility of such institutions; and

(B)

State licensing responsibilities with respect to such institutions; and

(6)

carry out such other advisory functions relating to accreditation and institutional eligibility as the Secretary may prescribe by regulation.

(d) Meeting procedures
(1) Schedule
(A) Biannual meetings

The Committee shall meet not less often than twice each year, at the call of the Chairperson.

(B) Publication of date

The Committee shall submit the date and location of each meeting in advance to the Secretary, and the Secretary shall publish such information in the Federal Register not later than 30 days before the meeting.

(2) Agenda
(A) Establishment

The agenda for a meeting of the Committee shall be established by the Chairperson and shall be submitted to the members of the Committee upon notification of the meeting.

(B) Opportunity for public comment

The agenda shall include, at a minimum, opportunity for public comment during the Committee’s deliberations.

(3) Secretary’s designee

The Secretary shall designate an employee of the Department to serve as the Secretary’s designee to the Committee, and the Chairperson shall invite the Secretary’s designee to attend all meetings of the Committee.

(4) Chapter 10 of title 5

Chapter 10 of title 5 shall apply to the Committee, except that section 1013 of title 5 shall not apply.

(e) Report and notice
(1) Notice

The Secretary shall annually publish in the Federal Register—

(A)

a list containing, for each member of the Committee—

(i)

the member’s name;

(ii)

the date of the expiration of the member’s term of office; and

(iii)

the name of the individual described in subsection (b)(1) who appointed the member; and

(B)

a solicitation of nominations for each expiring term of office on the Committee of a member appointed by the Secretary.

(2) Report

Not later than the last day of each fiscal year, the Committee shall make available an annual report to the Secretary, the authorizing committees, and the public. The annual report shall contain—

(A)

a detailed summary of the agenda and activities of, and the findings and recommendations made by, the Committee during the fiscal year preceding the fiscal year in which the report is made;

(B)

a list of the date and location of each meeting during the fiscal year preceding the fiscal year in which the report is made;

(C)

a list of the members of the Committee; and

(D)

a list of the functions of the Committee, including any additional functions established by the Secretary through regulation.

(f) Termination

The Committee shall terminate on September 30, 2021.1

Source credit: (Pub. L. 89–329, title I, § 114, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1592; amended Pub. L. 110–315, title I, § 106(a), Aug. 14, 2008, 122 Stat. 3090; Pub. L. 113–174, § 1, Sept. 26, 2014, 128 Stat. 1900; Pub. L. 114–113, div. H, title III, § 309, Dec. 18, 2015, 129 Stat. 2638; Pub. L. 115–31, div. H, title III, § 308, May 5, 2017, 131 Stat. 552; Pub. L. 115–141, div. H, title III, § 308, Mar. 23, 2018, 132 Stat. 750; Pub. L. 115–245, div. B, title III, § 306, Sept. 28, 2018, 132 Stat. 3105; Pub. L. 116–94, div. A, title III, § 305, Dec. 20, 2019, 133 Stat. 2595; Pub. L. 116–260, div. H, title III, § 305, Dec. 27, 2020, 134 Stat. 1608; Pub. L. 117–286, § 4(a)(146), Dec. 27, 2022, 136 Stat. 4322.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 89-329 · 112 Stat. 1592
  • 2008Amended · Pub. L. 110-315 · 122 Stat. 3090
  • 2014Amended · Pub. L. 113-174 · 128 Stat. 1900
  • 2015Amended · Pub. L. 114-113 · 129 Stat. 2638
  • 2017Amended · Pub. L. 115-31 · 131 Stat. 552
  • 2018Amended · Pub. L. 115-141 · 132 Stat. 750
  • 2018Amended · Pub. L. 115-245 · 132 Stat. 3105
  • 2019Amended · Pub. L. 116-94 · 133 Stat. 2595
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 1608
  • 2022Amended · Pub. L. 117-286 · 136 Stat. 4322

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-329 on 1998-10-07.

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