(a) The Secretary recognizes only the following four categories of agencies: ------------------------------------------------------------------------
The Secretary recognizes . .
(1) An accrediting agency.... (i) Has a voluntary membership of
(i) Has a voluntary membership of
institutions of higher education;
(ii) Has as a principal purpose the
accrediting of institutions of higher
education and that accreditation is a
required element in enabling those
institutions to participate in HEA
programs; and
(iii) Satisfies the ``separate and
independent'' requirements in paragraph
(b) of this section.(2) An accrediting agency.... (i) Has a voluntary membership; and
(i) Has a voluntary membership; and
(ii) Has as its principal purpose the
accrediting of higher education
programs, or higher education programs
and institutions of higher education,
and that accreditation is a required
element in enabling those entities to
participate in non-HEA Federal programs.(3) An accrediting agency.... for purposes of determining eligibility
for Title IV, HEA programs--
(i) Either has a voluntary membership of
individuals participating in a
profession or has as its principal
purpose the accrediting of programs
within institutions that are accredited
by a nationally recognized accrediting
agency; and
(ii) Either satisfies the ``separate and
independent'' requirements in paragraph
(b) of this section or obtains a waiver
of those requirements under paragraphs
(d) and (e) of this section.(4) A State agency........... (i) Has as a principal purpose the
accrediting of institutions of higher
education, higher education programs, or
both; and
(ii) The Secretary listed as a nationally
recognized accrediting agency on or
before October 1, 1991 and has
recognized continuously since that date.------------------------------------------------------------------------
(b) For purposes of this section, the term separate and independent means that--
(1) The members of the agency's decision-making body--who decide the accreditation or preaccreditation status of institutions or programs, establish the agency's accreditation policies, or both--are not elected or selected by the board or chief executive officer of any related, associated, or affiliated trade association or membership organization;
(2) At least one member of the agency's decision-making body is a representative of the public, and at least one-seventh of that body consists of representatives of the public;
(3) The agency has established and implemented guide lines for each member of the decision-making body to avoid conflicts of interest in making decisions;
(4) The agency's dues are paid separately from any dues paid to any related, associated, or affiliated trade association or membership organization; and
(5) The agency develops and determines its own budget, with no review by or consultation with any other entity or organization.
(c) The Secretary considers that any joint use of personnel, services, equipment, or facilities by an agency and a related, associated, or affiliated trade association or membership organization does not violate the ``separate and independent'' requirements in paragraph (b) of this section if--
(1) The agency pays the fair market value for its proportionate share of the joint use; and
(2) The joint use does not compromise the independence and confidentiality of the accreditation process.
(d) For purposes of paragraph (a)(3) of this section, the Secretary may waive the ``separate and independent'' requirements in paragraph (b) of this section if the agency demonstrates that--
(1) The Secretary listed the agency as a nationally recognized agency on or before October 1, 1991 and has recognized it continuously since that date;
(2) The related, associated, or affiliated trade association or membership organization plays no role in making or ratifying either the accrediting or policy decisions of the agency;
(3) The agency has sufficient budgetary and administrative autonomy to carry out its accrediting functions independently; and
(4) The agency provides to the related, associated, or affiliated trade association or membership organization only information it makes available to the public.
(e) An agency seeking a waiver of the ``separate and independent'' requirements under paragraph (d) of this section must apply for the waiver each time the agency seeks recognition or continued recognition. (Authority: 20 U.S.C. 1099b)