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20 U.S.C. § 1098a — Regional meetings and negotiated rulemaking

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

20 U.S.C. § 1098a — Regional meetings and negotiated rulemaking

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Source location: Title 20, Chapter 28, § 1098a; chapter-028-higher-education-resources-and-student-assistance.md

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**(a) Meetings** (1) **In general** — The Secretary shall obtain public involvement in the development of proposed regulations for this subchapter. The Secretary shall obtain the advice of and recommendations from individuals and representatives of the groups involved in student financial assistance programs under this subchapter, such as students, legal assistance organizations that represent students, institutions of higher education, State student grant agencies, guaranty agencies, lenders, secondary markets, loan servicers, guaranty agency servicers, and collection agencies. (2) **Issues** — The Secretary shall provide for a comprehensive discussion and exchange of information concerning the implementation of this subchapter through such mechanisms as regional meetings and electronic exchanges of information. The Secretary shall take into account the information received through such mechanisms in the development of proposed regulations and shall publish a summary of such information in the Federal Register together with such proposed regulations. **(b) Draft regulations** (1) **In general** — After obtaining the advice and recommendations described in subsection (a)(1) and before publishing proposed regulations in the Federal Register, the Secretary shall prepare draft regulations implementing this subchapter and shall submit such regulations to a negotiated rulemaking process. Participants in the negotiations process shall be chosen by the Secretary from individuals nominated by groups described in subsection (a)(1), and shall include both representatives of such groups from Washington, D.C., and industry participants. The Secretary shall select individuals with demonstrated expertise or experience in the relevant subjects under negotiation, reflecting the diversity in the industry, representing both large and small participants, as well as individuals serving local areas and national markets. The negotiation process shall be conducted in a timely manner in order that the final regulations may be issued by the Secretary within the 360-day period described in [section 1232(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232/e&num=0&edition=prelim). (2) **Expansion of negotiated rulemaking** — All regulations pertaining to this subchapter that are promulgated after October 7, 1998, shall be subject to a negotiated rulemaking (including the selection of the issues to be negotiated), unless the Secretary determines that applying such a requirement with respect to given regulations is impracticable, unnecessary, or contrary to the public interest (within the meaning of [section 553(b)(3)(B) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b/3/B&num=0&edition=prelim)), and publishes the basis for such determination in the Federal Register at the same time as the proposed regulations in question are first published. All published proposed regulations shall conform to agreements resulting from such negotiated rulemaking unless the Secretary reopens the negotiated rulemaking process or provides a written explanation to the participants in that process why the Secretary has decided to depart from such agreements. Such negotiated rulemaking shall be conducted in accordance with the provisions of paragraph (1), and the Secretary shall ensure that a clear and reliable record of agreements reached during the negotiations process is maintained. **(c) Applicability of chapter 10 of title 5** Chapter 10 of title 5 shall not apply to activities carried out under this section. **(d) Authorization of appropriations** There are authorized to be appropriated in any fiscal year or made available from funds appropriated to carry out this part in any fiscal year such sums as may be necessary to carry out the provisions of this section, except that if no funds are appropriated pursuant to this subsection, the Secretary shall make funds available to carry out this section from amounts appropriated for the operations and expenses of the Department of Education.

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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

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

20 U.S.C. § 1089 — Master calendar

**(a) Secretary required to comply with schedule** To assure adequate notification and timely delivery of student aid funds under this subchapter, the Secretary shall adhere to the following calendar dates in the year preceding the award year: (1) Development and distribution of Federal and multiple data entry forms— (A) by February 1: first meeting of the technical committee on forms design of the Department; (B) by March 1: proposed modifications, updates, and notices pursuant to sections 1087rr and 1090(a)(5) 11 See References in Text note below. of this title published in the Federal Register; (C) by June 1: final modifications, updates, and notices pursuant to sections 1087rr and 1090(a)(5) 1 of this title published in the Federal Register; (D) by August 15: application for Federal student assistance and multiple data entry data elements and instructions approved; (E) by August 30: final approved forms delivered to servicers and printers; (F) by October 1: Federal and multiple data entry forms and instructions printed; and (G) by November 1: Federal and multiple data entry forms, instructions, and training materials distributed. (2) Allocations of campus-based and Pell Grant funds— (A) by August 1: distribution of institutional application for campus-based funds (FISAP) to institutions; (B) by October 1: final date for submission of FISAP by institutions to the Department; (C) by November 15: edited FISAP and computer printout received by institutions; (D) by December 1: appeals procedures received by institutions; (E) by December 15: edits returned by institutions to the Department; (F) by February 1: tentative award levels received by institutions and final Pell Grant payment schedule; (G) by February 15: closing date f

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

20 U.S.C. § 1057 — Findings and purpose

**(a) Findings** The Congress finds that— (1) there are a significant number of institutions of higher education serving high percentages of minority students and students from low-income backgrounds, that face problems that threaten their ability to survive; (2) the problems relate to the management and fiscal operations of certain institutions of higher education, as well as to an inability to engage in long-range planning and development activities, including endowment building; (3) in order to be competitive and provide a high-quality education for all, institutions of higher education should improve their technological capacity and make effective use of technology; (4) the subchapter III program prior to 1985 did not always meet the specific development needs of historically Black colleges and universities and other institutions with large concentrations of minority, low-income students; (5) the solution of the problems of these institutions would enable them to become viable, fiscally stable and independent, thriving institutions of higher education; (6) providing assistance to eligible institutions will enhance the role of such institutions in providing access and quality education to low-income and minority students; (7) these institutions play an important role in the American system of higher education, and there is a strong national interest in assisting them in solving their problems and in stabilizing their management and fiscal operations, and in becoming financially independent; and (8) there is a particular national interest in aiding those institutions of higher education that have historically served students who have been denied access to postsecondary education because of race or national origin and whose participation in the American system

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

20 U.S.C. § 1070g–3 — Applications; eligibility

**(a) Applications; demonstration of eligibility** (1) **Filing required** — The Secretary shall periodically set dates by which teacher candidates shall file applications for grants under this subpart. Each teacher candidate desiring a grant under this subpart for any year shall file an application containing such information and assurances as the Secretary may determine necessary to enable the Secretary to carry out the functions and responsibilities of this subpart. (2) **Demonstration of TEACH Grant eligibility** — Each application submitted under paragraph (1) shall contain such information as is necessary to demonstrate that— (A) if the applicant is an enrolled student— (i) the student is an eligible student for purposes of [section 1091 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091&num=0&edition=prelim); (ii) the student— (I) has a grade point average that is determined, under standards prescribed by the Secretary, to be comparable to a 3.25 average on a zero to 4.0 scale, except that, if the student is in the first year of a program of undergraduate education, such grade point average shall be determined on the basis of the student’s cumulative secondary school grade point average; or (II) displayed high academic aptitude by receiving a score above the 75th percentile on at least one of the batteries in an undergraduate, post-baccalaureate, or graduate school admissions test; and (iii) the student is completing coursework and other requirements necessary to begin a career in teaching, or plans to complete such coursework and requirements prior to graduating; or (B) if the applicant is a current or prospective teacher applying for a grant to obtain a graduate degree— (i) t

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1070g–3

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

20 U.S.C. § 1094 — Program participation agreements

**(a) Required for programs of assistance; contents** In order to be an eligible institution for the purposes of any program authorized under this subchapter, an institution must be an institution of higher education or an eligible institution (as that term is defined for the purpose of that program) and shall, except with respect to a program under subpart 4 of part A, enter into a program participation agreement with the Secretary. The agreement shall condition the initial and continuing eligibility of an institution to participate in a program upon compliance with the following requirements: (1) The institution will use funds received by it for any program under this subchapter and any interest or other earnings thereon solely for the purpose specified in and in accordance with the provision of that program. (2) The institution shall not charge any student a fee for processing or handling any application, form, or data required to determine the student’s eligibility for assistance under this subchapter or the amount of such assistance. (3) The institution will establish and maintain such administrative and fiscal procedures and records as may be necessary to ensure proper and efficient administration of funds received from the Secretary or from students under this subchapter, together with assurances that the institution will provide, upon request and in a timely fashion, information relating to the administrative capability and financial responsibility of the institution to— (A) the Secretary; (B) the appropriate guaranty agency; and (C) the appropriate accrediting agency or association. (4) The institution will comply with the provisions of subsection (c) of this section and the regulations prescribed under that subsection, relating to fiscal eligibili

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

20 U.S.C. § 1094a — Regulatory relief and improvement

**(a) Quality Assurance Program** (1) **In general** — The Secretary is authorized to select institutions for voluntary participation in a Quality Assurance Program that provides participating institutions with an alternative management approach through which individual schools develop and implement their own comprehensive systems, related to processing and disbursement of student financial aid, verification of student financial aid application data, and entrance and exit interviews, thereby enhancing program integrity within the student aid delivery system. (2) **Criteria and consideration** — The Quality Assurance Program authorized by this section shall be based on criteria that include demonstrated institutional performance, as determined by the Secretary, and shall take into consideration current quality assurance goals, as determined by the Secretary. The selection criteria shall ensure the participation of a diverse group of institutions of higher education with respect to size, mission, and geographical distribution. (3) **Waiver** — The Secretary is authorized to waive for any institution participating in the Quality Assurance Program any regulations dealing with reporting or verification requirements in this subchapter that are addressed by the institution’s alternative management system, and may substitute such quality assurance reporting as the Secretary determines necessary to ensure accountability and compliance with the purposes of the programs under this subchapter. The Secretary shall not modify or waive any statutory requirements pursuant to this paragraph. (4) **Determination** — The Secretary is authorized to determine— (A) when an institution that is unable to administer the Quality Assurance Program shall be removed from such program; and

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1094a

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

20 U.S.C. § 1098 — Advisory Committee on Student Financial Assistance

**(a) Establishment and purpose** (1) There is established in the Department an independent Advisory Committee on Student Financial Assistance (hereafter in this section referred to as the “Advisory Committee”) which shall provide advice and counsel to the authorizing committees and to the Secretary on student financial aid matters. (2) The purpose of the Advisory Committee is— (A) to provide extensive knowledge and understanding of the Federal, State, and institutional programs of postsecondary student assistance; (B) to provide technical expertise with regard to systems of needs analysis and application forms; (C) to make recommendations that will result in the maintenance of access to postsecondary education for low- and middle-income students; (D) to provide knowledge and understanding of early intervention programs, and to make recommendations that will result in early awareness by low- and moderate-income students and families— (i) of their eligibility for assistance under this subchapter; and (ii) to the extent practicable, of their eligibility for other forms of State and institutional need-based student assistance; (E) to make recommendations that will expand and improve partnerships among the Federal Government, States, institutions of higher education, and private entities to increase the awareness and the total amount of need-based student assistance available to low- and moderate-income students; and (F) to collect information on Federal regulations, and on the impact of Federal regulations on student financial assistance and on the cost of receiving a postsecondary education, and to make recommendations to help streamline the regulations for institutions of higher education from all sectors. **(b) Independence of Advisory Com

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

20 U.S.C. § 1098a — Regional meetings and negotiated rule-

Page 723 TITLE 20—EDUCATION § 1098a priate, regarding early needs assessment and infor- mation for first-year high school students; and ‘‘(4) assess the adequacy of methods of monitoring student debt burden.’’ Subsec. (k). Pub. L. 105–244, § 490C(7), substituted ‘‘2004’’ for ‘‘1998’’. Subsec. (l). Pub. L. 105–244, § 490C(8), struck out head- ing and text of subsec. (l) which directed Advisory Com- mittee to conduct a study of means of simplifying all aspects of loan programs under part B of this sub- chapter. 1993—Subsec. (d)(1). Pub. L. 103–208, § 2(h)(45), struck out ‘‘sections 1070a–1 through 1070a–5 of this title and’’ after ‘‘established under’’. Subsec. (h)(1). Pub. L. 103–208, § 2(h)(46), substituted ‘‘subchapter III’’ for ‘‘subtitle III’’ before ‘‘of chapter 53 of such title’’. 1992—Subsec. (b). Pub. L. 102–325, § 496(a), inserted after first sentence ‘‘Notwithstanding Department of Education policies and regulations, the Advisory Com- mittee shall exert independent control of its budget al- locations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions. The Advisory Committee’s ad- ministration and management shall be subject to the usual and customary Federal audit procedures.’’ Subsec. (d)(3). Pub. L. 102–325, § 496(b)(1), struck out ‘‘and in assessing the impact of legislative and admin- istrative policy proposals’’ after ‘‘student aid’’. Subsec. (d)(4) to (9). Pub. L. 102–325, § 496(b)(2)–(6), added par. (4), redesignated former pars. (4) to (7) as (5) to (8), respectively, and added par. (9). Subsec. (h)(4). Pub. L. 102–325, § 496(c), substituted ‘‘without regard to’’ for ‘‘in accordance with’’ and in- serted before period at end ‘‘and to set pay in accord- ance with su

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