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Title 20 — Education

Part B · Chapter 28 — Higher Education Resources and Student Assistance

§ 1011c. National Advisory Committee on Institutional Quality and Integrity

Statutory text

(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 .1

Footnotes

  1. 1 See Termination of Committee note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Higher Education Act of 1965

    Pub. L. 89–329 title I § 114 · 79 Stat. 1219

    Enacted · 20 U.S.C. § 1011c

    Pub. L. 89–329, title I, § 114, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1592

    Source evidence

    Code 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

  2. Higher Education Opportunity Act

    Pub. L. 110–315 title I § 106(a) · 122 Stat. 3078

    Amended · 20 U.S.C. § 1011c

    Pub. L. 110–315 amended section generally, revising provisions relating to the National Advisory Committee on Institutional Quality and Integrity and extending its termination date from Sept. 30, 2004, to September 30, 2014

    Source evidence

    Code amendment note
    Pub. L. 110–315 amended section generally, revising provisions relating to the National Advisory Committee on Institutional Quality and Integrity and extending its termination date from Sept. 30, 2004, to September 30, 2014.

    Enacted provision · exact public law section
    (a) Amendment.— Section 114 (20 U.S.C. 1011c) is amended to read as follows: “SEC. 114. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND INTEGRITY. “(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 102) under title 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 102); 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 Deadlines. 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. Federal Register, publication. Notice. 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 title 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 title 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 Federal Register, publication. Deadline. 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) Federal advisory committee act.— The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee, except that section 14 of such Act shall not apply. “(e) Report and Notice.— “(1) Notice.— The Federal Register, publication. 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, 2014.” .

    Effective date note
    Pub. L. 110–315, title I, § 106(c), Aug. 14, 2008, 122 Stat. 3093, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 2009.”

  3. Pub. L. 113–174 § 1 · 128 Stat. 1900

    Substituted · 20 U.S.C. § 1011c(f)

    Pub. L. 113–174 substituted “2015” for “2014”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 113–174 substituted “2015” for “2014”.

    Enacted provision · exact public law section
    SECTION 1. EXTENSION OF NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND INTEGRITY.   Section 114(f) of the Higher Education Act of 1965 (20 U.S.C. 1011c(f)) is amended by striking “2014” and inserting “2015”.

  4. Energy and Water Development and Related Agencies Appropriations Act, 2016

    Pub. L. 114–113 div. H title III § 309 · 129 Stat. 2242

    Substituted · 20 U.S.C. § 1011c(f)

    Pub. L. 114–113 substituted “2016” for “2015”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 114–113 substituted “2016” for “2015”.

    Enacted provision · exact public law section
    Sec. 309. Of the amounts made available by this Act for “National Nuclear Security Administration—Weapons Activities”, up to $50,000,000 may be reprogrammed within such account for Domestic Uranium Enrichment, subject to the notice requirement in section 301(e).

  5. Energy and Water Development and Related Agencies Appropriations Act, 2017

    Pub. L. 115–31 div. H title III § 308 · 131 Stat. 135

    Substituted · 20 U.S.C. § 1011c(f)

    Pub. L. 115–31 substituted “2017” for “2016”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 115–31 substituted “2017” for “2016”.

    Enacted provision · exact public law section
    Sec. 308. (a) From unobligated balances available from amounts appropriated in prior fiscal years for “Department of Energy—Energy Programs—Fossil Energy Research and Development”, $240,000,000 is hereby rescinded. (b) No amounts may be rescinded by this section from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

  6. Energy and Water Development and Related Agencies Appropriations Act, 2018

    Pub. L. 115–141 div. H title III § 308 · 132 Stat. 348

    Substituted · 20 U.S.C. § 1011c(f)

    Pub. L. 115–141 substituted “2018” for “2017”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–141 substituted “2018” for “2017”.

    Enacted provision · exact public law section
    Sec. 308. Not later than 90 days after the date of enactment of this Act, the Secretary of the Department of Energy, in consultation with the Office of Management and Budget, shall submit to the Committees on Appropriations of both Houses of Congress a report that provides a detailed explanation, using specific receipts data and legal authorities, of how each of the Western Area Power Administration, the Southwestern Power Administration, and the Southeastern Power Administration are executing current receipt authority provided in this and prior year appropriations Acts to create carryover of unobligated balances for purchase power and wheeling expenditures.

  7. Department of Education Appropriations Act, 2019

    Pub. L. 115–245 div. B title III § 306 · 132 Stat. 2981

    Substituted · 20 U.S.C. § 1011c(f)

    Pub. L. 115–245 substituted “2019” for “2018”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 115–245 substituted “2019” for “2018”.

    Enacted provision · exact public law section
    Sec. 306. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is amended by striking “2018” and inserting “2019”.

  8. Department of Education Appropriations Act, 2020

    Pub. L. 116–94 div. A title III § 305 · 133 Stat. 2534

    Substituted · 20 U.S.C. § 1011c(f)

    Pub. L. 116–94 substituted “2020” for “2019”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 116–94 substituted “2020” for “2019”.

    Enacted provision · exact public law section
    Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is amended by striking “2019” and inserting “2020”.

  9. Energy and Water Development and Related Agencies Appropriations Act, 2021

    Pub. L. 116–260 div. H title III § 305 · 134 Stat. 1182

    Substituted · 20 U.S.C. § 1011c(f)

    Pub. L. 116–260 substituted “2021” for “2020”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 116–260 substituted “2021” for “2020”.

    Enacted provision · exact public law section
    Sec. 305. Notwithstanding Determination. President. section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), upon a determination by the President in this fiscal year that a regional supply shortage of refined petroleum product of significant scope and duration exists, that a severe increase in the price of refined petroleum product will likely result from such shortage, and that a draw down and sale of refined petroleum product would assist directly and significantly in reducing the adverse impact of such shortage, the Secretary of Energy may draw down and sell refined petroleum product from the Strategic Petroleum Reserve. Proceeds from a sale under this section shall be deposited into the SPR Petroleum Account established in section 167 of the Energy Policy and Conservation Act (42 U.S.C. 6247), and such amounts shall be available for obligation, without fiscal year limitation, consistent with that section.

  10. Pub. L. 117–286 § 4(a)(146) · 136 Stat. 4196

    1. Substituted · 20 U.S.C. § 1011c(d)(4)

      Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in text

    2. Substituted · 20 U.S.C. § 1011c(d)(4)

      Pub. L. 117–286 substituted “Chapter 10 of title 5 shall apply to the Committee, except that section 1013 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee, except that section 14 of such Act” in text

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5 shall apply to the Committee, except that section 1013 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee, except that section 14 of such Act” in text.

    Enacted provision · exact public law section
    (146) Section 114(d)(4) of the Higher Education Act of 1965 (20 U.S.C. 1011c(d)(4)) is amended— (A) in the paragraph heading, by striking “Federal advisory committee act” and inserting “Chapter 10 of title 5, united states code”; and (B) in text, by striking “The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee, except that section 14 of such Act” and inserting “Chapter 10 of title 5, United States Code, shall apply to the Committee, except that section 1013 of title 5, United States Code,”.

10 of 11 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

Provisions similar to this section were contained in section 1145 of this title prior to repeal by Pub. L. 105–244.

A prior section 1011c, Pub. L. 89–329, title I, § 124, as added Pub. L. 102–325, title I, § 101, , 106 Stat. 463, related to local applications for grants, prior to the general amendment of this subchapter by Pub. L. 105–244.

Amendments2008–2022 · 8 rounds

2022

Subsec. (d)(4). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5 shall apply to the Committee, except that section 1013 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee, except that section 14 of such Act” in text.

2020

Subsec. (f). Pub. L. 116–260 substituted “2021” for “2020”.

2019

Subsec. (f). Pub. L. 116–94 substituted “2020” for “2019”.

2018

Subsec. (f). Pub. L. 115–245 substituted “2019” for “2018”.

Pub. L. 115–141 substituted “2018” for “2017”.

2017

Subsec. (f). Pub. L. 115–31 substituted “2017” for “2016”.

2015

Subsec. (f). Pub. L. 114–113 substituted “2016” for “2015”.

2014

Subsec. (f). Pub. L. 113–174 substituted “2015” for “2014”.

2008

Pub. L. 110–315 amended section generally, revising provisions relating to the National Advisory Committee on Institutional Quality and Integrity and extending its termination date from , to .

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–315, title I, § 106(c), , 122 Stat. 3093, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on .”

Termination of Committee

Pub. L. 119–75, div. B, title III, § 305, , 140 Stat. 305, provided that: “Section 114(f) of the HEA [Higher Education Act of 1965] (20 U.S.C. 1011c(f)) shall be applied by substituting ‘2026’ for ‘2021’.”

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 118–47, div. D, title III, § 305, , 138 Stat. 692.

Pub. L. 117–328, div. H, title III, § 305, , 136 Stat. 4897.

Pub. L. 117–103, div. H, title III, § 305, , 136 Stat. 484.

Transition

Pub. L. 110–315, title I, § 106(b), , 122 Stat. 3093, provided that:

“Notwithstanding section 114 of the Higher Education Act of 1965 (20 U.S.C. 1011c) (as in effect before, during, and after the date of enactment of this Act [])—

“(1)

the term of each member appointed to the National Advisory Committee on Institutional Quality and Integrity before the date of enactment of this Act shall expire on the date of enactment of this Act;

“(2)

no new members shall be appointed to the National Advisory Committee on Institutional Quality and Integrity during the period beginning on the date of enactment of this Act and ending on ; and

“(3)

no meeting of the National Advisory Committee on Institutional Quality and Integrity shall be convened during such period.”

Credits

1998–2022 · 10 acts
  1. 1998Pub. L. 89–329, title I, § 114, as added Pub. L. 105–244, title I, § 101(a), , 112 Stat. 1592
  2. 2008amended Pub. L. 110–315, title I, § 106(a), , 122 Stat. 3090
  3. 2014Pub. L. 113–174, § 1, , 128 Stat. 1900
  4. 2015Pub. L. 114–113, div. H, title III, § 309, , 129 Stat. 2638
  5. 2017Pub. L. 115–31, div. H, title III, § 308, , 131 Stat. 552
  6. 2018Pub. L. 115–141, div. H, title III, § 308, , 132 Stat. 750
  7. 2018Pub. L. 115–245, div. B, title III, § 306, , 132 Stat. 3105
  8. 2019Pub. L. 116–94, div. A, title III, § 305, , 133 Stat. 2595
  9. 2020Pub. L. 116–260, div. H, title III, § 305, , 134 Stat. 1608
  10. 2022Pub. L. 117–286, § 4(a)(146), , 136 Stat. 4322.
Show as published

(Pub. L. 89–329, title I, § 114, as added Pub. L. 105–244, title I, § 101(a), , 112 Stat. 1592; amended Pub. L. 110–315, title I, § 106(a), , 122 Stat. 3090; Pub. L. 113–174, § 1, , 128 Stat. 1900; Pub. L. 114–113, div. H, title III, § 309, , 129 Stat. 2638; Pub. L. 115–31, div. H, title III, § 308, , 131 Stat. 552; Pub. L. 115–141, div. H, title III, § 308, , 132 Stat. 750; Pub. L. 115–245, div. B, title III, § 306, , 132 Stat. 3105; Pub. L. 116–94, div. A, title III, § 305, , 133 Stat. 2595; Pub. L. 116–260, div. H, title III, § 305, , 134 Stat. 1608; Pub. L. 117–286, § 4(a)(146), , 136 Stat. 4322.)

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