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20 U.S.C. § 1099c–1 — Program review and data

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1099c–1 — Program review and data

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Source file: Laws/federal/codes/united-states-code/title-20/section-1099c1-program-review-and-data--cd005503ce.md
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Source location: Title 20, Chapter 28, § 1099c–1; chapter-028-higher-education-resources-and-student-assistance.md

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**(a) General authority** In order to strengthen the administrative capability and financial responsibility provisions of this subchapter, the Secretary— (1) shall provide for the conduct of program reviews on a systematic basis designed to include all institutions of higher education participating in programs authorized by this subchapter; (2) shall give priority for program review to institutions of higher education that are— (A) institutions with a cohort default rate for loans under part B of this subchapter in excess of 25 percent or which places such institutions in the highest 25 percent of such institutions; (B) institutions with a default rate in dollar volume for loans under part B of this subchapter which places the institutions in the highest 25 percent of such institutions; (C) institutions with a significant fluctuation in Federal Stafford Loan volume, Federal Direct Stafford/Ford Loan volume, or Federal Pell Grant award volume, or any combination thereof, in the year for which the determination is made, compared to the year prior to such year, that are not accounted for by changes in the Federal Stafford Loan program, the Federal Direct Stafford/Ford Loan program, or the Pell Grant program, or any combination thereof; (D) institutions reported to have deficiencies or financial aid problems by the State licensing or authorizing agency, or by the appropriate accrediting agency or association; (E) institutions with high annual dropout rates; and (F) such other institutions that the Secretary determines may pose a significant risk of failure to comply with the administrative capability or financial responsibility provisions of this subchapter; and (3) shall establish and operate a central data base of information on institutional accreditation, eligibility, and certification that includes— (A) all relevant information available to the Department; (B) all relevant information made available by the Secretary of Veterans Affairs; (C) all relevant information from accrediting agencies or associations; (D) all relevant information available from a guaranty agency; and (E) all relevant information available from States under subpart 1 of this part. **(b) Special administrative rules** In carrying out paragraphs (1) and (2) of subsection (a) and any other relevant provisions of this subchapter, the Secretary shall— (1) establish guidelines designed to ensure uniformity of practice in the conduct of program reviews of institutions of higher education; (2) make available to each institution participating in programs authorized under this subchapter complete copies of all review guidelines and procedures used in program reviews; (3) permit the institution to correct or cure an administrative, accounting, or recordkeeping error if the error is not part of a pattern of error and there is no evidence of fraud or misconduct related to the error; (4) base any civil penalty assessed against an institution of higher education resulting from a program review or audit on the gravity of the violation, failure, or misrepresentation; (5) inform the appropriate State and accrediting agency or association whenever the Secretary takes action against an institution of higher education under this section, [section 1099c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1099c&num=0&edition=prelim), or [section 1082 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1082&num=0&edition=prelim); (6) provide to an institution of higher education an adequate opportunity to review and respond to any program review report and relevant materials related to the report before any final program review report is issued; (7) review and take into consideration an institution of higher education’s response in any final program review report or audit determination, and include in the report or determination— (A) a written statement addressing the institution of higher education’s response; (B) a written statement of the basis for such report or determination; and (C) a copy of the institution’s response; and (8) maintain and preserve at all times the confidentiality of any program review report until the requirements of paragraphs (6) and (7) are met, and until a final program review is issued, other than to the extent required to comply with paragraph (5), except that the Secretary shall promptly disclose any and all program review reports to the institution of higher education under review. **(c) Data collection rules** The Secretary shall develop and carry out a plan for the data collection responsibilities described in paragraph (3) of subsection (a). The Secretary shall make the information obtained under such paragraph (3) readily available to all institutions of higher education, guaranty agencies, States, and other organizations participating in the programs authorized by this subchapter. **(d) Training** The Secretary shall provide training to personnel of the Department, including criminal investigative training, designed to improve the quality of financial and compliance audits and program reviews conducted under this subchapter. **(e) Special rule** The provisions of [section 3403(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3403/b&num=0&edition=prelim) shall not apply to Secretarial determinations made regarding the appropriate length of instruction for programs measured in clock hours.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1082 — Legal powers and responsibilities

**(a) General powers** In the performance of, and with respect to, the functions, powers, and duties, vested in him by this part, the Secretary may— (1) prescribe such regulations as may be necessary to carry out the purposes of this part, including regulations applicable to third party servicers (including regulations concerning financial responsibility standards for, and the assessment of liabilities for program violations against, such servicers) to establish minimum standards with respect to sound management and accountability of programs under this part, except that in no case shall damages be assessed against the United States for the actions or inactions of such servicers; (2) sue and be sued in any court of record of a State having general jurisdiction or in any district court of the United States, and such district courts shall have jurisdiction of civil actions arising under this part without regard to the amount in controversy, and action instituted under this subsection by or against the Secretary shall survive notwithstanding any change in the person occupying the office of Secretary or any vacancy in that office; but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Secretary or property under the Secretary’s control and nothing herein shall be construed to except litigation arising out of activities under this part from the application of sections 509, 517, 547, and 2679 of title 28; (3) include in any contract for Federal loan insurance such terms, conditions, and covenants relating to repayment of principal and payment of interest, relating to the Secretary’s obligations and rights to those of eligible lenders, and borrowers in case of default, and relating to such other matters as the Secre

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1082

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1001

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1099c — Eligibility and certification procedures

**(a) General requirement** For purposes of qualifying institutions of higher education for participation in programs under this subchapter, the Secretary shall determine the legal authority to operate within a State, the accreditation status, and the administrative capability and financial responsibility of an institution of higher education in accordance with the requirements of this section. **(b) Single application form** The Secretary shall prepare and prescribe a single application form which— (1) requires sufficient information and documentation to determine that the requirements of eligibility, accreditation, financial responsibility, and administrative capability of the institution of higher education are met; (2) requires a specific description of the relationship between a main campus of an institution of higher education and all of its branches, including a description of the student aid processing that is performed by the main campus and that which is performed at its branches; (3) requires— (A) a description of the third party servicers of an institution of higher education; and (B) the institution to maintain a copy of any contract with a financial aid service provider or loan servicer, and provide a copy of any such contract to the Secretary upon request; (4) requires such other information as the Secretary determines will ensure compliance with the requirements of this subchapter with respect to eligibility, accreditation, administrative capability and financial responsibility; and (5) provides, at the option of the institution, for participation in one or more of the programs under part B or D. **(c) Financial responsibility standards** (1) The Secretary shall determine whether an institution has the financial responsibility required by t

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1099c

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1051 — Authorization of appropriations

**(a) Authorizations** (1) **Part A** (A) There are authorized to be appropriated to carry out part A (other than sections 1059c through 1059g of this title), $135,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. (B) There are authorized to be appropriated to carry out [section 1059c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059c&num=0&edition=prelim), $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. (C) There are authorized to be appropriated to carry out [section 1059d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059d&num=0&edition=prelim), $15,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. (D) There are authorized to be appropriated to carry out [section 1059e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059e&num=0&edition=prelim), $75,000,000 for fiscal year 2009 and each of the five succeeding fiscal years. (E) There are authorized to be appropriated to carry out [section 1059f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059f&num=0&edition=prelim), $25,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. (F) There are authorized to be appropriated to carry out [section 1059g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059g&num=0&edition=prelim), $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. (2) **Part

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1051

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