Page:United States Statutes at Large Volume 106 Part 1.djvu/668

 106 STAT. 636 PUBLIC LAW 102-325—JULY 23, 1992 "(3) Except as provided in paragraph (6), nothing in this subpart shall be construed to authorize the Secretary to require any State to adopt, as a condition for entering into an agreement, a specific State organizational structure. "(4) Except as provided in paragraph (6), nothing in this subpart shall be construed— "(A) as a limitation on the authority of any State to adopt a State organization structure for postsecondary education agencies, or programs, or institutions of higher education as appropriate to the needs, traditions, and circumstances of that State: "(B) as a limitation on the authority of a State entering into an agreement pursuant to this subpart to modify the State organizational structure at any time subsequent to entering into such agreement; "(C) as a limitation on the authority of any State to enter into an agreement for purposes of this subpart as a member of a consortiimi of States; "(D) as an authorization for the Secretary to withhold funds from any State or postsecondary institution on the basis of compliance with a State's constitution or laws; "(E) as an authorization for any State postsecondary review entity to exercise planning, policy, coordinating, supervisory, budgeting, or admmistrative powers over any postsecondary institution; or "(F) as a limitation on the use of State audits for the puipose of compliance with applicable standards under section 494C(d). "(5) Nothing in this subpart shall be construed to limit the authority or activities of any State loan insurance program established under section 428(b) of this title or of any relevant State licensing authority which grants approval for institutions of higher education to operate within a State or their authority to contact the Secretary directly. "(6) Notwithstanding the provisions of paragraphs (2), (3), and (4) of this subsection, the Secretary may require each State to designate an entity responsible for the conduct or coordination of the review of institutions under this title. "(b) CONTENTS OF AGREEMENTS.— Agreements between each State and the Secretary shall contain the following elements: "(1) A designation of a single State postsecondary review entity, which represents all entities of that State which are responsible for— "(A) granting State authorization to each institution of higher education in that State for the purposes of this title, and "(B) ensuring that each institution of higher education in that State remains in compliance with the standards developed pursuant to section 494C. "(2) Assurances that the State will review institutions of higher education for the purpose of determining eligibility under this title on a schedule to coincide with the dates set by the Secretary to certi^ or recertify such institutions of higher education as provided in section 481 and subpart 3 of this part. "(3) Assurances that the appropriate State postsecondary review entity will perform the functions authorized by this subpart and will keep such records and provide such informa-

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