§ 1094a. Regulatory relief and improvement

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1992

   Higher Education Act of 1965

   Pub. L. 89–329 title IV § 487A · 79 Stat. 1219

   Enacted · 20 U.S.C. § 1094a

   Pub. L. 89–329, title IV, § 487A, as added Pub. L. 102–325, title IV, § 491, July 23, 1992, 106 Stat. 629

   Source evidence

   Code source credit
   Pub. L. 89–329, title IV, § 487A, as added Pub. L. 102–325, title IV, § 491, July 23, 1992, 106 Stat. 629

2. 1998

   Higher Education Amendments of 1998

   Pub. L. 105–244 title IV § 490 · 112 Stat. 1581

   Amended · 20 U.S.C. § 1094a

   Pub. L. 105–244 amended section catchline and text generally. Prior to amendment, section authorized a Quality Assurance Program for institutions to develop and implement systems for verifying student financial aid application data

   Source evidence

   Code amendment note
   Pub. L. 105–244 amended section catchline and text generally. Prior to amendment, section authorized a Quality Assurance Program for institutions to develop and implement systems for verifying student financial aid application data.

   Enacted provision · exact public law section
   SEC. 490. REGULATORY RELIEF AND IMPROVEMENT. Section 487A (20 U.S.C. 1094a) is amended to read as follows: “SEC. 487A. 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 title 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 title. 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 “(B) when institutions desiring to cease participation in such program will be required to complete the current award year under the requirements of the Quality Assurance Program. “(5) Review and evaluation.— The Secretary shall review and evaluate the Quality Assurance Program conducted by each participating institution and, on the basis of that evaluation, make recommendations regarding amendments to this Act that will streamline the administration and enhance the integrity of Federal student assistance programs. Such recommendations shall be submitted to the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives. “(b) Regulatory Improvement and Streamlining Experiments.“ “(1) In general.— The Secretary may continue any experimental sites in existence on the date of enactment of the Termination date. Higher Education Amendments of 1998. Any activities approved by the Secretary prior to such date that are inconsistent with this section shall be discontinued not later than June 30, 1999. “(2) Deadline. Report.— The Secretary shall review and evaluate the experience of institutions participating as experimental sites during the period of 1993 through 1998 under this section (as such section was in effect on the day before the date of enactment of the Higher Education Amendments of 1998), and shall submit a report based on this review and evaluation to the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives not later than 6 months after the enactment of the Higher Education Amendments of 1998. Such report shall include— “(A) a list of participating institutions and the specific statutory or regulatory waivers granted to each institution; “(B) the findings and conclusions reached regarding each of the experiments conducted; and “(C) recommendations for amendments to improve and streamline this Act, based on the results of the experiment. “(3) Selection.— (A) In general.— Upon the submission of the report required by paragraph (2), the Secretary is authorized to select a limited number of additional institutions for voluntary participation as experimental sites to provide recommendations to the Secretary on the impact and effectiveness of proposed regulations or new management initiatives. “(B) Consultation.— Prior to approving any additional experimental sites, the Secretary shall consult with the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives and shall provide to such Committees— “(i) a list of institutions proposed for participation Records. in the experiment and the specific statutory or regulatory waivers proposed to be granted to each institution; “(ii) a statement of the objectives to be achieved through the experiment; and “(iii) an identification of the period of time over which the experiment is to be conducted. “(C) Waivers.— The Secretary is authorized to waive, for any institution participating as an experimental site under subparagraph (A), any requirements in this title, or regulations prescribed under this title, that will bias the results of the experiment, except that the Secretary shall not waive any provisions with respect to award rules, grant and loan maximum award amounts, and need analysis requirements. “(c) Definitions.— For purposes of this section, the term ‘current award year’ means the award year during which the participating institution indicates the institution’s intention to cease participation.”.

3. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 103(b)(13) · 122 Stat. 3078

   Substituted · 20 U.S.C. § 1094a(a)(5)

   Pub. L. 110–315, § 103(b)(13), substituted “authorizing committees” for “Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives”

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 110–315, § 103(b)(13), substituted “authorizing committees” for “Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives”.

   Enacted provision · exact public law section
   (13) in section 487A(a)(5) (20 U.S.C. 1094a(a)(5)), by striking “Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives” and inserting “authorizing committees”.

   Effective date note
   Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

4. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 494(1) · 122 Stat. 3078

   Amended · 20 U.S.C. § 1094a(b)(1)

   Pub. L. 110–315, § 494(1), amended par. (1) generally. Prior to amendment, text read as follows: “The Secretary may continue any experimental sites in existence on October 7, 1998. Any activities approved by the Secretary prior to October 7, 1998, that are inconsistent with this section shall be discontinued not later than June 30, 1999.”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 110–315, § 494(1), amended par. (1) generally. Prior to amendment, text read as follows: “The Secretary may continue any experimental sites in existence on October 7, 1998. Any activities approved by the Secretary prior to October 7, 1998, that are inconsistent with this section shall be discontinued not later than June 30, 1999.”

   Enacted provision · exact public law section
   (1) by amending paragraph (1) to read as follows: “(1) In general.— Effective date. The Secretary shall continue the voluntary participation of any experimental sites in existence as of July 1, 2007, unless the Secretary determines that such site’s participation has not been successful in carrying out the purposes of this section. Any Deadline. activities approved by the Secretary prior to such date that have not been successful in carrying out the purposes of this section shall be discontinued not later than June 30, 2009.” ;

   Effective date note
   Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

5. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 494(2) · 122 Stat. 3078

   1. Added · 20 U.S.C. § 1094a(b)(2)

      Pub. L. 110–315, § 494(2), added introductory provisions

   2. Struck · 20 U.S.C. § 1094a(b)(2)

      Pub. L. 110–315, § 494(2), struck out former introductory provisions which read as follows: “The Secretary shall review and evaluate the experience of institutions participating as experimental sites during the period of 1993 through 1998 under this section (as such section was in effect on the day before October 7, 1998), and shall submit a report based on this review and evaluation to the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives not later than 6 months after October 7, 1998. Such report shall include—”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 110–315, § 494(2), added introductory provisions and struck out former introductory provisions which read as follows: “The Secretary shall review and evaluate the experience of institutions participating as experimental sites during the period of 1993 through 1998 under this section (as such section was in effect on the day before October 7, 1998), and shall submit a report based on this review and evaluation to the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives not later than 6 months after October 7, 1998. Such report shall include—”.

   Enacted provision · exact public law section
   (2) in paragraph (2), by striking the matter preceding subparagraph (A) and inserting the following: “(2) Report.— The Secretary shall review and evaluate the experience of institutions participating as experimental sites and shall, on a biennial basis, submit a report based on the review and evaluation to the authorizing committees. Such report shall include—” ; and

   Effective date note
   Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

6. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 494(3)(A) · 122 Stat. 3078

   1. Substituted · 20 U.S.C. § 1094a(b)(3)(A)

      Pub. L. 110–315, § 494(3)(A), substituted “The” for “Upon the submission of the report required by paragraph (2), the”

   2. Inserted · 20 U.S.C. § 1094a(b)(3)(A)

      Pub. L. 110–315, § 494(3)(A), inserted “periodically” after “authorized to”

   Source evidence

   Code amendment note
   Subsec. (b)(3)(A). Pub. L. 110–315, § 494(3)(A), substituted “The” for “Upon the submission of the report required by paragraph (2), the” and inserted “periodically” after “authorized to”.

   Enacted provision · exact public law section
   (A) in subparagraph (A)— (i) by striking “Upon the submission of the report required by paragraph (2), the” and inserting “The”; and (ii) by inserting “periodically” after “authorized to”;

   Effective date note
   Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

7. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 494(3)(D) · 122 Stat. 3078

   Inserted · 20 U.S.C. § 1094a(b)(3)(B)

   Pub. L. 110–315, § 494(3)(D), inserted “, including requirements related to the award process and disbursement of student financial aid (such as innovative delivery systems for modular or compressed courses, or other innovative systems), verification of student financial aid application data, entrance and exit interviews, or other management procedures or processes as determined in the negotiated rulemaking process under section 1098a of this title” before “, or regulations prescribed”, “(other than an award rule related to an experiment in modular or compressed schedules)” after “award rules”, and “unless the waiver of such provisions is authorized by another provision under this subchapter” before period at end

   Source evidence

   Code amendment note
   Subsec. (b)(3)(B). Pub. L. 110–315, § 494(3)(D), inserted “, including requirements related to the award process and disbursement of student financial aid (such as innovative delivery systems for modular or compressed courses, or other innovative systems), verification of student financial aid application data, entrance and exit interviews, or other management procedures or processes as determined in the negotiated rulemaking process under section 1098a of this title” before “, or regulations prescribed”, “(other than an award rule related to an experiment in modular or compressed schedules)” after “award rules”, and “unless the waiver of such provisions is authorized by another provision under this subchapter” before period at end.

   Enacted provision · exact public law section
   (D) in subparagraph (B) (as redesignated by subparagraph (C))— (i) by inserting “, including requirements related to the award process and disbursement of student financial aid (such as innovative delivery systems for modular or compressed courses, or other innovative systems), verification of student financial aid application data, entrance and exit interviews, or other management procedures or processes as determined in the negotiated rulemaking process under section 492” after “requirements in this title”; (ii) by inserting “(other than an award rule related to an experiment in modular or compressed schedules)” after “award rules”; and (iii) by inserting “unless the waiver of such provisions is authorized by another provision under this title” before the period at the end.

   Effective date note
   Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

8. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 494(3)(B) · 122 Stat. 3078

   1. Redesignated · 20 U.S.C. § 1094a(b)(3)(B)

      Pub. L. 110–315, § 494(3)(B), (C), redesignated subpar. (C) as (B)

   2. Struck · 20 U.S.C. § 1094a(b)(3)(B)

      Pub. L. 110–315, § 494(3)(B), (C), struck out former subpar. (B). Text of former subpar. (B) read as follows: “Prior to approving any additional experimental sites, the Secretary shall consult with the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives and shall provide to such Committees—

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 110–315, § 494(3)(B), (C), redesignated subpar. (C) as (B) and struck out former subpar. (B). Text of former subpar. (B) read as follows: “Prior to approving any additional experimental sites, the Secretary shall consult with the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives and shall provide to such Committees—

   “(i) a list of institutions proposed for participation in the experiment and the specific statutory or regulatory waivers proposed to be granted to each institution; “(ii) a statement of the objectives to be achieved through the experiment; and “(iii) an identification of the period of time over which the experiment is to be conducted.”

   Enacted provision · exact public law section
   (B) by striking subparagraph (B);

   Effective date note
   Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

9. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 494(3)(C) · 122 Stat. 3078

   Redesignated · 20 U.S.C. § 1094a(b)(3)(C)

   Pub. L. 110–315, § 494(3)(C), redesignated subpar. (C) as (B)

   Source evidence

   Code amendment note
   Subsec. (b)(3)(C). Pub. L. 110–315, § 494(3)(C), redesignated subpar. (C) as (B).

   Enacted provision · exact public law section
   (C) by redesignating subparagraph (C) as subparagraph (B); and

   Effective date note
   Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

10. 2009

    Pub. L. 111–39 § 407(b)(9)(A) · 123 Stat. 1934

    1. Substituted · 20 U.S.C. § 1094a(b)(1)

       Pub. L. 111–39, § 407(b)(9)(A), substituted “Any experimental sites” for “Any activities”

    2. Substituted · 20 U.S.C. § 1094a(b)(1)

       Pub. L. 111–39, § 407(b)(9)(A), substituted “June 30, 2010” for “June 30, 2009”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 111–39, § 407(b)(9)(A), substituted “Any experimental sites” for “Any activities” and “June 30, 2010” for “June 30, 2009”.

    Enacted provision · exact public law section
    (A) in paragraph (1)— (i) by striking “Any activities” and inserting “Any experimental sites”; and (ii) by striking “June 30, 2009” and inserting “June 30, 2010”; and

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

11. 2009

    Pub. L. 111–39 § 407(b)(9)(B) · 123 Stat. 1934

    Added · 20 U.S.C. § 1094a(b)(4)

    Pub. L. 111–39, § 407(b)(9)(B), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 111–39, § 407(b)(9)(B), added par. (4).

    Enacted provision · exact public law section
    (B) by adding at the end the following: “(4) Determination of success.— For the purposes of paragraph (1), the Secretary shall make a determination of success regarding an institution’s participation as an experimental site based on— “(A) the ability of the experimental site to reduce administrative burdens to the institution, as documented in the Secretary’s biennial report under paragraph (2), without creating costs for the taxpayer; and “(B) whether the experimental site has improved the delivery of services to, or otherwise benefitted, students.” ;

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

14 of 15 references resolved to an enrolled provision · 1 partial