20 U.S.C. § 1145a
Section 1145a · Commission to study postsecondary institutional and programmatic recognition process
Amended 1 time on record
There is established in the legislative branch a Joint Study Commission on Postsecondary Institutional Recognition (hereafter in this section referred to as the “Commission”).
The Commission shall be composed of 5 members appointed jointly by the President pro tempore of the Senate, upon the recommendation of the Majority Leader and the Minority Leader, and by the Speaker of the House of Representatives, upon the recommendation of the Majority Leader and the Minority Leader.
(1) Members of the Commission shall be appointed, on the basis of their integrity, impartiality, and good judgment, from among individuals who, as a result of their training, experience, and attainment, are widely recognized by professionals in the fields of education and governmental administration as experts in those fields.
(2) A majority of the members of the Commission may not, at the time of their appointment, be serving as either employees or officers of any accrediting agency or an organization of accrediting agencies, currently serving as administrators of accredited institutions, or be current or past members of the Advisory Committee on Accreditation and Institutional Eligibility of the Department.
(3) Vacancies in the membership of the Commission shall not affect the power of the remaining members to perform the duties of the Commission and shall be filled in the same manner in which the original appointment was made.
(4) Each member of the Commission not otherwise employed by the United States Government shall receive the daily equivalent of the annual basic pay for level V of the Executive Schedule under section 5316 of title 5 for each day during which such member is actually engaged in the performance of the duties of the Commission. Each member of the Commission shall be allowed travel expenses in the same manner as any individual employed intermittently by the Federal Government is allowed travel expenses under section 5703 of title 5.
(1) The Commission shall conduct a thorough study of the institutional and programmatic recognition process used by the Department in determining institutional or programmatic eligibility for student participation in Federal student assistance programs under this chapter with attention being given to the accreditation of various types of public and private postsecondary institutions and programs.
(2) The study shall address, analyze, and report specifically on—
(A) the comprehensiveness of the standards and criteria used by existing accreditation agencies;
(B) the reliability and validity of the institutional and programmatic review processes used by the existing accreditation agencies;
(C) the adequacy of the current accreditation methodology and system;
(D) alternative structures, standards, criteria, and processes that might be used in accrediting institutions and programs;
(E) the indicators of educational quality that might be incorporated into the accreditation process;
(F) the educational outcome measurements that might be used in the accreditation process;
(G) the indicators of institutional and programmatic quality that should be provided to applicants and students; and
(H) alternative approaches that might be used by the Secretary for institutional and programmatic recognition to permit student participation in Federal student assistance programs,
as each factor bears on eligibility for participation in Federal student assistance programs.
(3) The study shall also include an analysis of—
(A) the processes and procedures currently utilized by the Secretary and the Department in determining institutional and program eligibility for receiving Federal student assistance funds;
(B) the operations and effectiveness in carrying out eligibility determination of the division of the Department referred to as the “Division of Eligibility and Agency Evaluation”;
(C) review of alternatives to accreditation in determining eligibility and their acceptability;
(D) the role and effectiveness of, participation agreements, between institutions and programs and the Department in determining specific institutional program eligibility for Federal funds;
(E) the ability of the Department to enforce conditions specified in participation agreements, including institutional and program audits;
(F) the current status, functioning, and effectiveness of the National Advisory Committee on Accreditation and Institutional Eligibility, including its role in developing criteria for recognition of accrediting agencies and evaluating their success in assessing the quality of the education or training offered.
The Commission shall adopt procedures allowing any interested party to submit information with respect to the recognition process, including critiques of current accrediting agency recognition procedures, accreditation procedures, possible alternative procedures, and proposed changes in criteria for recognition of individual accrediting agencies.
The Commission shall prepare a narrative and statistical report consisting of—
(1) an overview description of the voluntary accrediting process used for postsecondary education in the United States; and
(2) a brief description of each accrediting agency recognized by the Department.
The report shall include at least a statement of the agency's purpose and a description of the organizational and governance structure of the agency, the agency's accreditation and visitation procedures, employers of members of the accrediting agency's governing body, the agency's sources of financial support, and such background information as the Commission may request from the agency regarding the number of members, number of candidates for accreditation, number of members voluntarily withdrawn after membership, number of applications withdrawn before membership, number of members dropped, and number of applicants denied accreditation. The report shall include the types of information shared among the various accrediting agencies, the degree of duplication among accrediting agencies in the current system, and an analysis of reported complaints by the agency and its member institutions and programs.
The Commission shall also prepare a report on—
(1) the history, operation, procedures, and the role and adequacy of staff of the division described in subsection (e)(3)(B) of this section;
(2) the history and current operations of the National Advisory Committee on Accreditation and Institutional Eligibility, including current criteria for Federal recognition of accrediting bodies, how the criteria were developed, possible modifications, and procedures for accomplishing this; and
(3) with respect to the Department in general, an overview of its role in the institutional and programmatic recognition process as it relates to eligibility for Federal student assistance, including recommendations, if appropriate, on how this role might be changed and improved.
(1)(A) By agreement between the President pro tempore of the Senate and the Speaker of the House of Representatives, the Commission is authorized to secure on a reimbursable basis, office space, clerical personnel, travel expenses, and such supplies and equipment as may be necessary for the Commission to carry out the study.
(B) Subject to such limitations as the President pro tempore of the Senate and the Speaker of the House of Representatives may jointly prescribe, the Commission may appoint such personnel as the Commission deems necessary and fix the compensation at an annual rate that does not exceed the rate of basic pay then payable for GS 18 of the General Schedule under section 5332 of title 5 and may procure by contract the temporary and intermittent services of clerical personnel and experts or consultants, or organizations thereof.
(2) In conducting the study authorized by this section, the Commission is authorized to—
(A) seek such assistance and support as may be required to conduct the study from appropriate Federal agencies;
(B) arrange for the detail of staff personnel from other Federal agencies;
(C) enter into contracts and make other arrangements, as may be necessary for the conduct of the study;
(D) convene such technical groups as deemed necessary to secure information about the existing recognition process; and
(E) provide transportation and subsistence for persons serving without compensation.
(3) Upon request by the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist in the conduct of the study.
The Commission shall submit a report of the findings and recommendations of the study required by this section to the Postsecondary Education Subcommittee of the Education and Labor Committee of the House of Representatives and the Subcommittee on Education, Arts, and Humanities of the Labor and Human Resources Committee of the Senate not later than one year after funds are appropriated and made available for this study.
There are authorized to be appropriated $1,000,000 to carry out the study authorized by this section.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
This chapter, referred to in subsec. (d)(1), was in the original “this Act”, meaning Pub. L. 89 329, known as the Higher Education Act of 1965. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.
Prior Provisions
A prior section 1145a, Pub. L. 89 329, title XII, §1206, as added Pub. L. 92 318, title I, §197, June 23, 1972, 86 Stat. 325, related to supplying cost-of-education data by institutions of higher education, prior to repeal by Pub. L. 96 374, title XII, §1201, Oct. 3, 1980, 94 Stat. 1493, eff. Oct. 1, 1980.
Change of Name
Committee on Education and Labor of House of Representatives changed to Committee on Economic and Educational Opportunities of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Termination of Advisory Commissions
Advisory commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92 463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.
References in Other Laws to GS 16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS 16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101 509, set out in a note under section 5376 of Title 5.