Page:United States Statutes at Large Volume 106 Part 1.djvu/682

 106 STAT. 650 PUBLIC LAW 102-325—JULY 23, 1992 "(A) has not been subjected to a limitation, suspension, or termination action by the Secretary or a guaranty agency within the preceding 5 years; "(B) has not had, during its 2 most recent audits of the institutions conduct of programs under this title, an audit finding that resulted in the institution being required to repay an amount greater than 5 percent of the funds the institution received from programs under this title for any year; "(C) meets and has met, for the preceding 5 years, the financial responsibility standards under subsection (c); and "(D) has not been cited during the preceding 5 years for failure to submit audits required under this title in a timely fashion. "(5) For purposes of section 487(c)(1)(G), this section shall also apply to individuals or organizations that contract with an institution to administer any aspect of an institution's student assistance program under this title. "(f) ACTIONS ON APPLICATIONS; SITE VISITS AND FEES.— The Secretary shall ensure that prompt action is taken by the Department on any application required under subsection (b). The personnel of the Department of Education shall conduct a site visit at each institution before certifying or recertifying its eligibility for purposes of any program under this title. The Secretary may charge reasonable fees to cover the expenses of certification and site visits and, to the extent permitted by appropriations Acts, may retsdn such fees to cover such expenses. "(g) TIME LIMITATIONS ON, AND RENEWAL OF, ELIGIBILITY.— (1) The eligibility for the purposes of any program authorized under this title of any institution that is participating in any such program on the date of enactment of the Higher Education Amendments of 1992 shall expire in accordsuice with the schedule prescribed by the Secretary in accordance with paragraph (2), but not later than 5 years after such date of enactment. "(2) The Secretary shall establish a schedule for the expiration of the eligibility for purposes of any such program of all institutions of higher education within the 5-year period specified in paragraph (1). Such schedule shall place a priority for the expiration of the certification of institutions on those that meet the following criteria: "(A) institutions subject to review by a State postsecondary review entity pursuant to subpart 1 of part H; or "(B) other categories of institutions which the Secretary deems necessary. " (3) After the expiration of the certification of any institution under the schedule prescribed under this subsection, or upon request for initial certification from an institution not previously certified, the Secretary may certify the eligibility for the purposes of any program authorized under this title of each such institution for a period not to exceed 4 years. "(h) PROVISIONAL CERTIFICATION OF INSTITUTIONAL ELIGIBILITY.— (1) Notwithstanding subsections (d) and (g), the Secretary may provisionally certify an institution's eligibihty to participate in programs under this title— "(A) for not more than one complete aweird year in the case of an institution of higher education seeking an initial certification; and "(B) for not more than 3 complete award years if—

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