Page:United States Statutes at Large Volume 106 Part 1.djvu/678

 106 STAT. 646 PUBLIC LAW 102-325—JULY 23, 1992 "(1) LIMITATION, SUSPENSION OR TERMINATION OF APPROVAL.— (1) The Secretary shall limit, suspend, or terminate the approval of an accrediting agency or association if the Secretary determines, after notice and opportunity for a hearing, that the accrediting agency or association has failed to apply effectively the standards or operate according to the procedures provided in this section. "(2) The Secretary may determine that an accrediting agency or association has fsuled to apply effectively the standards provided in this section if an institutution of higher education seeks and receives accreditation from the accrediting agency or association during any period in which the institution is the subject of any interim action by another accrediting agency or association leading to the suspension, revocation, or termination of accreditation or the institution has been notified of the threatened loss of accreditation, and the due process procedures required by such suspension, revocation, termination, or threatened loss have not been completed. "(m) LIMITATION ON THE SECRETARY'S AUTHORITY. —The Secretary may only recognize accrediting agencies or associations which accredit institutions of higher education for the purpose of enabling such institutions to establish eligibility to participate in the progr£uns under this Act or which accredit institutions of higher education or higher education programs for the purpose of enabling them to establish eligibility to participate in other programs administered by the Department of Education or other Federal agencies. "(n) INDEPENDENT EVALUATION. —(1) The Secretary shall conduct a comprehensive review and evaluation of the performance of all accrediting agencies or associations which seek recognition by the Secretary in order to determine whether such accrediting agencies or associations meet the standards established by this section. The Secretary shall conduct an independent evcduation of the information provided by such agency or association. Such evaluation shall include— "(A) the solicitation of third-party information concerning the performance of the accrediting agency or association; and ''(B) site visits at both the accrediting agency or association and member institutions, including unaimoimced visits where appropriate. agencies or associations on those agencies or associations that accredit institutions of higher education that participate most extensively in the programs authorized by this title and on those agencies or associations which have been the subject of the most complaints or legal actions. "(3) The Secretary shall consider all available relevant information concerning the compliance of the accrediting agency or association with the standards provided for in this section, including any complaints or le^al actions against such agency or association. In cases where deficiencies in the performance of an accreditation agency or association with respect to the requirements of this section are noted, the Secretary shall take these deficiencies into account in the approval process. The Secretary shall not, under any circumstances, base decisions on the approval or disapproval of accreditation agencies or associations on standards otiier than those contained in this section. Re^fds- "(4) The Secretary shall maintain svifficient documentation to k^ormation Support the conclusions reached in the approval process, and, upon
 * (2) The Secretary shall place a priority for review of accrediting

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