The NACIQI operates in accordance with Section 114 of the HEA, as amended most recently by Section 106 of the HEOA in August 2008. The statute specifies that NACIQI provides recommendations to the Secretary of Education regarding:

• The establishment and enforcement of criteria for recognition of accrediting agencies or associations under Subpart 2 of Part H, Title IV, of the HEA.
• The recognition of specific accrediting agencies or associations or a specific State approval agency.
• The preparation and publication of the list of nationally recognized accrediting agencies and associations.
• The eligibility and certification process for institutions of higher education under Title IV, of the HEA.
• The relationship between (1) accreditation of institutions of higher education and the certification and eligibility of such institutions, and (2) state licensing responsibilities with respect to such institutions.
• Any other advisory functions relating to accreditation and institutional eligibility that the Secretary may prescribe.

The Committee also complies with all requirements of the Federal Advisory Committee Act (FACA) and Government in the Sunshine Act. Title 34 of the Code of Federal Regulations, Section 602 contains regulations governing the NACIQI and the recognition process, including the criteria for recognition. In accordance with the FACA, the Committee’s Charter stipulates its authority, functions, and operating procedures, among other items.