§ 1098. Advisory Committee on Student Financial Assistance

Footnotes

1. 1 See References in Text note below.

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. 1986

   Higher Education Act of 1965

   Pub. L. 89–329 title IV § 491 · 79 Stat. 1219

   Enacted · 20 U.S.C. § 1098

   Pub. L. 89–329, title IV, § 491, as added Pub. L. 99–498, title IV, § 407(a), Oct. 17, 1986, 100 Stat. 1492

   Source evidence

   Code source credit
   Pub. L. 89–329, title IV, § 491, as added Pub. L. 99–498, title IV, § 407(a), Oct. 17, 1986, 100 Stat. 1492

2. 1987

   Higher Education Technical Amendments Act of 1987

   Pub. L. 100–50 § 15(16) · 101 Stat. 335

   Inserted · 20 U.S.C. § 1098(b)

   Pub. L. 100–50, § 15(16), inserted at end “The Secretary’s authority to terminate advisory committees of the Department pursuant to section 1233g(b) of this title ceased to be effective on June 23, 1983.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–50, § 15(16), inserted at end “The Secretary’s authority to terminate advisory committees of the Department pursuant to section 1233g(b) of this title ceased to be effective on June 23, 1983.”

   Enacted provision · exact public law section
   (16) in section 491(b), by adding at the end thereof the following 20 USC 1098. new sentence: “The Secretary’s authority to terminate advisory committees of the Department pursuant to section 448(b) of the General Education Provisions Act ceased to be effective 20 USC 1233g. on June 23, 1983.”;

3. 1987

   Higher Education Technical Amendments Act of 1987

   Pub. L. 100–50 § 15(17) · 101 Stat. 335

   Substituted · 20 U.S.C. § 1098(i)

   Pub. L. 100–50, § 15(17), substituted “In each fiscal year not less than $500,000” for “An amount, not to exceed $500,000 in any fiscal year”

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 100–50, § 15(17), substituted “In each fiscal year not less than $500,000” for “An amount, not to exceed $500,000 in any fiscal year”.

   Enacted provision · exact public law section
   (17) in section 491(i), by striking out “An amount, not to exceed $500,000 in any fiscal year” and inserting in lieu thereof “In each fiscal year not less than $500,000”; and

4. 1987

   Higher Education Technical Amendments Act of 1987

   Pub. L. 100–50 § 15(18) · 101 Stat. 335

   Added · 20 U.S.C. § 1098(j)

   Pub. L. 100–50, § 15(18), added subsec. (j)

   Source evidence

   Code amendment note
   Subsec. (j). Pub. L. 100–50, § 15(18), added subsec. (j).

   Enacted provision · exact public law section
   (18) in section 491, by adding at the end thereof the following new subsection: “(j) Special Institutional Lender Study.— “(1) The Advisory Committee shall conduct a thorough study of institutional lender policy. In carrying out the study, the Advisory Committee shall examine, but not be limited to— “(A) the relevance and current applicability of the 20 USC 1085. institutional lender criteria established in section 435(d); “(B) the appropriateness of using default rates for loans made under part E or other institutional criteria to determine institutional participation; “(C) whether or not a portion or all of any special allowance or other payments paid to institutional lenders should benefit need-based scholarship or grant programs; “(D) whether or not institutional lenders should be required to hold loans made to eligible borrowers through graduation or termination of matriculation; “(E) examine the extent and degree to which student access to loan capital would be adversely affected by the restrictions contained in section 435(d)(2); and “(F) assess the potential impact on State secondary markets and lender portfolios if student borrowers at higher cost colleges and universities, who come from higher income families, concentrate their lending with a few large lenders and secondary markets. “(2) The Advisory Committee shall consult with the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate in carrying out the study required by this subsection. “(3) The Advisory Committee shall, not later than 2 years after the date of enactment of the Higher Education Technical Amendments Act of 1987, prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report of the study required by this section.”.

5. 1992

   Higher Education Amendments of 1992

   Pub. L. 102–325 § 496(a) · 106 Stat. 448

   Inserted · 20 U.S.C. § 1098(b)

   Pub. L. 102–325, § 496(a), inserted after first sentence “Notwithstanding Department of Education policies and regulations, the Advisory Committee shall exert independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions. The Advisory Committee’s administration and management shall be subject to the usual and customary Federal audit procedures.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–325, § 496(a), inserted after first sentence “Notwithstanding Department of Education policies and regulations, the Advisory Committee shall exert independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions. The Advisory Committee’s administration and management shall be subject to the usual and customary Federal audit procedures.”

   Enacted provision · exact public law section
   (a) Independent Control.— Section 491(b) of the Act (20 U.S.C. 1098) is amended by inserting after the first sentence the following: “Notwithstanding Department of Education policies and regulations, the Advisory Committee shall exert independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions. The Advisory Committee’s administration and management shall be subject to the usual and customary Federal audit procedures.”.

6. 1992

   Higher Education Amendments of 1992

   Pub. L. 102–325 § 496(b)(1) · 106 Stat. 448

   Struck · 20 U.S.C. § 1098(d)(3)

   Pub. L. 102–325, § 496(b)(1), struck out “and in assessing the impact of legislative and administrative policy proposals” after “student aid”

   Source evidence

   Code amendment note
   Subsec. (d)(3). Pub. L. 102–325, § 496(b)(1), struck out “and in assessing the impact of legislative and administrative policy proposals” after “student aid”.

   Enacted provision · exact public law section
   (1) by striking “and in assessing the impact of legislative and administrative policy proposals” in paragraph (3);

7. 1992

   Higher Education Amendments of 1992

   Pub. L. 102–325 § 496(b)(2) · 106 Stat. 448

   1. Added · 20 U.S.C. § 1098(d)(4)(9)

      Pub. L. 102–325, § 496(b)(2)–(6), added par. (4)

   2. Redesignated · 20 U.S.C. § 1098(d)(4)(9)

      Pub. L. 102–325, § 496(b)(2)–(6), redesignated former pars. (4) to (7) as (5) to (8), respectively

   3. Added · 20 U.S.C. § 1098(d)(4)(9)

      Pub. L. 102–325, § 496(b)(2)–(6), added par. (9)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (2) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively; and

8. 1992

   Higher Education Amendments of 1992

   Pub. L. 102–325 § 496(c) · 106 Stat. 448

   1. Substituted · 20 U.S.C. § 1098(h)(4)

      Pub. L. 102–325, § 496(c), substituted “without regard to” for “in accordance with”

   2. Inserted · 20 U.S.C. § 1098(h)(4)

      Pub. L. 102–325, § 496(c), inserted before period at end “and to set pay in accordance with such section”

   Source evidence

   Code amendment note
   Subsec. (h)(4). Pub. L. 102–325, § 496(c), substituted “without regard to” for “in accordance with” and inserted before period at end “and to set pay in accordance with such section”.

   Enacted provision · exact public law section
   (c) Exemption.— Section 491(h)(4) of the Act is amended— (1) by striking “in accordance with” and inserting “without regard to”; and (2) by inserting “and to set pay in accordance with such section” before the period.

9. 1992

   Higher Education Amendments of 1992

   Pub. L. 102–325 § 496(d) · 106 Stat. 448

   Substituted · 20 U.S.C. § 1098(i)

   Pub. L. 102–325, § 496(d), substituted “$750,000” for “$500,000”

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 102–325, § 496(d), substituted “$750,000” for “$500,000”.

   Enacted provision · exact public law section
   (d) Availability of Funds.— Section 491(i) of the Act is amended by striking “$500,000” and inserting “$750,000”.

10. 1992

    Higher Education Amendments of 1992

    Pub. L. 102–325 § 496(e) · 106 Stat. 448

    1. Added · 20 U.S.C. § 1098(j)(l)

       Pub. L. 102–325, § 496(e), added subsecs. (j) to (l)

    2. Struck · 20 U.S.C. § 1098(j)(l)

       Pub. L. 102–325, § 496(e), struck out former subsec. (j), which related to special institutional lender study

    Source evidence

    Code amendment note
    Subsecs. (j) to (l). Pub. L. 102–325, § 496(e), added subsecs. (j) to (l) and struck out former subsec. (j), which related to special institutional lender study.

    Enacted provision · exact public law section
    (e) Additional Provisions.— Section 491 of the Act is amended by striking subsection (j) and inserting in lieu thereof: “(j) Special Analyses and Activities.— The committee shall— “(1) monitor and evaluate the program modifications resulting from the enactment of the Higher Education Amendments of 1992, especially as such amendments relate to the need analysis; “(2) monitor and evaluate the implementation, pursuant to section 483, of a Free Application for Federal Student Aid and the process for determining eligibility and awards for programs under this title, including a simplified reapplication process; “(3) assess the adequacy of current methods for disseminating information about programs under this title and recommend improvements, as appropriate, regarding early needs assessment and information for first-year high school students; and “(4) assess the adequacy of methods of monitoring student debt burden. “(k) Term of the Committee.— Notwithstanding the sunset and charter provisions of the Federal Advisory Committee Act (5 U.S.C. App. I) or any other statute or regulation, the Advisory Committee shall be authorized until October 1, 1998. “(l) Student Loan Program Simplification Study.— (1) The Advisory Committee shall conduct a thorough study of means of simplifying all aspects of the loan programs under part B of this title. In carrying out the study, the Advisory Committee shall examine, at a minimum— “(A) reduction of paperwork burdens experienced by financial aid administrators resulting from the current structure of such loan programs; “(B) promotion of simplification and standardization of forms, procedures, and all other aspects of guaranty agency operations for the purpose of facilitating data exchanges with such agencies (including the National Student Loan Database) and facilitating Department of Education oversight; “(C) simplification of the repayment process to minimize borrower confusion, including encouragement of single holder ownership of all of an individual’s loans; “(D) encouragement of efficient utilization of loan programs to minimize multiple program borrowing in postsecondary education; and “(E) other proposals which are designed to reduce the administrative burdens on, and paperwork required of, students, educational institutions, guaranty agencies, lenders, secondary markets, and the Secretary submitted in response to a general solicitation by the Advisory Committee. “(2) The Advisory Committee shall consult with the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate in carrying out the study required by this subsection. “(3) The Advisory Committee shall, not later than 1 year after Reports. the date of enactment of this Act, prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report on the study required by this subsection.”.

11. 1993

    Higher Education Technical Amendments of 1993

    Pub. L. 103–208 § 2(h)(45) · 107 Stat. 2457

    Struck · 20 U.S.C. § 1098(d)(1)

    Pub. L. 103–208, § 2(h)(45), struck out “sections 1070a–1 through 1070a–5 of this title and” after “established under”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (45) 20 USC 1098. in section 491(d)(1), by striking “sections 411A through 411E and”; and

12. 1993

    Higher Education Technical Amendments of 1993

    Pub. L. 103–208 § 2(h)(46) · 107 Stat. 2457

    Substituted · 20 U.S.C. § 1098(h)(1)

    Pub. L. 103–208, § 2(h)(46), substituted “subchapter III” for “subtitle III” before “of chapter 53 of such title”

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 103–208, § 2(h)(46), substituted “subchapter III” for “subtitle III” before “of chapter 53 of such title”.

    Enacted provision · exact public law section
    (46) in section 491(h)(1), by striking “subtitle III” and inserting “subchapter III”.

13. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 490C(1) · 112 Stat. 1581

    1. Substituted · 20 U.S.C. § 1098(b)

       Pub. L. 105–244, § 490C(1), substituted “, expenditures and staffing levels” for “and expenditures” in second sentence

    2. Inserted · 20 U.S.C. § 1098(b)

       Pub. L. 105–244, § 490C(1), inserted “Reports, publications, and other documents of the Advisory Committee, including such reports, publications, and documents in electronic form, shall not be subject to review by the Secretary.” after third sentence

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–244, § 490C(1), substituted “, expenditures and staffing levels” for “and expenditures” in second sentence and inserted “Reports, publications, and other documents of the Advisory Committee, including such reports, publications, and documents in electronic form, shall not be subject to review by the Secretary.” after third sentence.

14. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 490C(2) · 112 Stat. 1581

    1. Added · 20 U.S.C. § 1098(e)(3)(6)

       Pub. L. 105–244, § 490C(2), added par. (3)

    2. Redesignated · 20 U.S.C. § 1098(e)(3)(6)

       Pub. L. 105–244, § 490C(2), redesignated former pars. (3) to (5) as (4) to (6), respectively

    Source evidence

    Code amendment note
    Subsec. (e)(3) to (6). Pub. L. 105–244, § 490C(2), added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively.

15. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 490C(3) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1098(g)

    Pub. L. 105–244, § 490C(3), substituted “Members of the Advisory Committee may each” for

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 105–244, § 490C(3), substituted “Members of the Advisory Committee may each” for

    “(1) Members of the Advisory Committee who are officers or full-time employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States; but they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, for persons in the Government service employed intermittently. “(2) Members of the Advisory Committee who are not officers or full-time employees of the United States may each”.

16. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 490C(4) · 112 Stat. 1581

    1. Inserted · 20 U.S.C. § 1098(h)(1)

       Pub. L. 105–244, § 490C(4), inserted “determined” after “as may be”

    2. Inserted · 20 U.S.C. § 1098(h)(1)

       Pub. L. 105–244, § 490C(4), inserted at end “The Advisory Committee may appoint not more than 1 full-time equivalent, nonpermanent, consultant without regard to the provisions of title 5. The Advisory Committee shall not be required by the Secretary to reduce personnel to meet agency personnel reduction goals.”

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 105–244, § 490C(4), inserted “determined” after “as may be” and inserted at end “The Advisory Committee may appoint not more than 1 full-time equivalent, nonpermanent, consultant without regard to the provisions of title 5. The Advisory Committee shall not be required by the Secretary to reduce personnel to meet agency personnel reduction goals.”

17. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 490C(5) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1098(i)

    Pub. L. 105–244, § 490C(5), substituted “$800,000” for “$750,000”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 105–244, § 490C(5), substituted “$800,000” for “$750,000”.

18. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 490C(6) · 112 Stat. 1581

    Amended · 20 U.S.C. § 1098(j)

    Pub. L. 105–244, § 490C(6), amended heading and text of subsec. (j) generally. Prior to amendment, text read as follows: “The committee shall—

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 105–244, § 490C(6), amended heading and text of subsec. (j) generally. Prior to amendment, text read as follows: “The committee shall—

    “(1) monitor and evaluate the program modifications resulting from the enactment of the Higher Education Amendments of 1992, especially as such amendments relate to the need analysis; “(2) monitor and evaluate the implementation, pursuant to section 1090 of this title, of a Free Application for Federal Student Aid and the process for determining eligibility and awards for programs under this subchapter, including a simplified reapplication process; “(3) assess the adequacy of current methods for disseminating information about programs under this subchapter and recommend improvements, as appropriate, regarding early needs assessment and information for first-year high school students; and “(4) assess the adequacy of methods of monitoring student debt burden.”

19. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 490C(7) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1098(k)

    Pub. L. 105–244, § 490C(7), substituted “2004” for “1998”

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 105–244, § 490C(7), substituted “2004” for “1998”.

20. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 490C(8) · 112 Stat. 1581

    Struck · 20 U.S.C. § 1098(l)

    Pub. L. 105–244, § 490C(8), struck out heading and text of subsec. (l) which directed Advisory Committee to conduct a study of means of simplifying all aspects of loan programs under part B of this subchapter

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 105–244, § 490C(8), struck out heading and text of subsec. (l) which directed Advisory Committee to conduct a study of means of simplifying all aspects of loan programs under part B of this subchapter.

21. 2008

    Higher Education Opportunity Act

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

    Substituted · 20 U.S.C. § 1098(a)(1)

    Pub. L. 110–315, § 494C(b), substituted “authorizing committees” for “Congress”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 110–315, § 494C(b), substituted “authorizing committees” for “Congress”.

    Enacted provision · exact public law section
    (b) Conforming Amendments.— Subsections (a)(1), (b), and (d)(6) of section 491 (20 U.S.C. 1098) are each amended by striking “Congress” 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.

22. 2008

    Higher Education Opportunity Act

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

    Added · 20 U.S.C. § 1098(a)(2)(D)(F)

    Pub. L. 110–315, § 494C(a)(1), added subpars. (D) to (F)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(D) to (F). Pub. L. 110–315, § 494C(a)(1), added subpars. (D) to (F).

    Enacted provision · exact public law section
    (1) in subsection (a)(2)— (A) in subparagraph (B), by striking “and” after the semicolon; (B) in subparagraph (C), by striking the period and inserting a semicolon; and (C) by adding at the end the following: “(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 title; 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.” ;

    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.

23. 2008

    Higher Education Opportunity Act

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

    Substituted · 20 U.S.C. § 1098(b)

    Pub. L. 110–315, § 494C(b), substituted “authorizing committees” for “Congress”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–315, § 494C(b), substituted “authorizing committees” for “Congress”.

    Enacted provision · exact public law section
    (b) Conforming Amendments.— Subsections (a)(1), (b), and (d)(6) of section 491 (20 U.S.C. 1098) are each amended by striking “Congress” 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.

24. 2008

    Higher Education Opportunity Act

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

    1. Added · 20 U.S.C. § 1098(c)

       Pub. L. 110–315, § 494C(a)(2), added subsec. (c)

    2. Struck · 20 U.S.C. § 1098(c)

       Pub. L. 110–315, § 494C(a)(2), struck out former subsec. (c) relating to appointment and qualifications of Advisory Committee members

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 110–315, § 494C(a)(2), added subsec. (c) and struck out former subsec. (c) relating to appointment and qualifications of Advisory Committee members.

    Enacted provision · exact public law section
    (2) by striking subsection (c) and inserting the following new subsection: “(c) Membership.— (1) The Advisory Committee shall consist of 11 members appointed as follows: “(A) President. Four members shall be appointed by the President pro tempore of the Senate, of whom two members shall be appointed from recommendations by the Majority Leader of the Senate, and two members shall be appointed from recommendations by the Minority Leader of the Senate. “(B) Four members shall be appointed by the Speaker of the House of Representatives, of whom two members shall be appointed from recommendations by the Majority Leader of the House of Representatives, and two members shall be appointed from recommendations by the Minority Leader of the House of Representatives. “(C) Three members shall be appointed by the Secretary, of whom at least one member shall be a student. “(2) Each member of the Advisory Committee, with the exception of a student member, shall be appointed on the basis of technical qualifications, professional experience, and demonstrated knowledge in the fields of higher education, student financial aid, financing post-secondary education, and the operations and financing of student loan guarantee agencies. “(3) The Effective date. Publication. appointment of a member under subparagraph (A) or (B) of paragraph (1) shall be effective upon publication of such appointment in the Congressional Record.” ;

    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.

25. 2008

    Higher Education Opportunity Act

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

    1. Substituted · 20 U.S.C. § 1098(d)(6)

       Pub. L. 110–315, § 494C(a)(3)(A), (b), substituted “authorizing committees” for “Congress”

    2. Struck · 20 U.S.C. § 1098(d)(6)

       Pub. L. 110–315, § 494C(a)(3)(A), (b), struck out “, but nothing in this section shall authorize the committee to perform such studies, surveys, or analyses” before semicolon

    Source evidence

    Code amendment note
    Subsec. (d)(6). Pub. L. 110–315, § 494C(a)(3)(A), (b), substituted “authorizing committees” for “Congress” and struck out “, but nothing in this section shall authorize the committee to perform such studies, surveys, or analyses” before semicolon.

    Enacted provision · exact public law section
    (A) in paragraph (6), by striking “, but nothing in this section shall authorize the committee to perform such studies, surveys, or analyses”;

    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.

26. 2008

    Higher Education Opportunity Act

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

    1. Added · 20 U.S.C. § 1098(d)(9)(11)

       Pub. L. 110–315, § 494C(a)(3)(B)–(D), added pars. (9) and (10)

    2. Redesignated · 20 U.S.C. § 1098(d)(9)(11)

       Pub. L. 110–315, § 494C(a)(3)(B)–(D), redesignated former par. (9) as (11)

    Source evidence

    Code amendment note
    Subsec. (d)(9) to (11). Pub. L. 110–315, § 494C(a)(3)(B)–(D), added pars. (9) and (10) and redesignated former par. (9) as (11).

    Enacted provision · exact public law section
    (B) in paragraph (8), by striking “and” after the semicolon;

    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.

27. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 494C(a)(4)(A) · 122 Stat. 3078

    Substituted · 20 U.S.C. § 1098(e)(1)

    Pub. L. 110–315, § 494C(a)(4)(A), substituted “4 years” for “3 years” in introductory provision

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 110–315, § 494C(a)(4)(A), substituted “4 years” for “3 years” in introductory provision.

    Enacted provision · exact public law section
    (A) in the matter preceding subparagraph (A) of paragraph (1), by striking “3” and inserting “4”; 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.

28. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 494C(a)(4)(B) · 122 Stat. 3078

    Substituted · 20 U.S.C. § 1098(e)(2)

    Pub. L. 110–315, § 494C(a)(4)(B), substituted “A member of the Advisory Committee serving on August 14, 2008, shall be permitted to serve the duration of the member’s term, regardless of whether the member was previously appointed to more than one term.” for “A member of the Advisory Committee shall, upon request, continue to serve after the expiration of a term until a successor has been appointed. A member of the Advisory Committee may be reappointed to successive terms on the Advisory Committee.”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 110–315, § 494C(a)(4)(B), substituted “A member of the Advisory Committee serving on August 14, 2008, shall be permitted to serve the duration of the member’s term, regardless of whether the member was previously appointed to more than one term.” for “A member of the Advisory Committee shall, upon request, continue to serve after the expiration of a term until a successor has been appointed. A member of the Advisory Committee may be reappointed to successive terms on the Advisory Committee.”

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “A member of the Advisory Committee shall” and all that follows through “on the Advisory Committee.” and inserting “A member of the Advisory Committee serving on the date of enactment of the Higher Education Opportunity Act shall be permitted to serve the duration of the member’s term, regardless of whether the member was previously appointed to more than one term.”;

    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.

29. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 494C(a)(5)(A) · 122 Stat. 3078

    1. Inserted · 20 U.S.C. § 1098(j)(1)

       Pub. L. 110–315, § 494C(a)(5)(A), inserted “and simplifications” after “delivery processes”

    2. Struck · 20 U.S.C. § 1098(j)(1)

       Pub. L. 110–315, § 494C(a)(5)(A), struck out “including the implementation of a performance-based organization within the Department, and report to Congress regarding such modernization on not less than an annual basis,” before “including recommendations for improvement”

    Source evidence

    Code amendment note
    Subsec. (j)(1). Pub. L. 110–315, § 494C(a)(5)(A), inserted “and simplifications” after “delivery processes” and struck out “including the implementation of a performance-based organization within the Department, and report to Congress regarding such modernization on not less than an annual basis,” before “including recommendations for improvement”.

    Enacted provision · exact public law section
    (A) in paragraph (1)— (i) by inserting “and simplifications” after “delivery processes”; and (ii) by striking “including the implementation of a performance-based organization within the Department, and report to Congress regarding such modernization on not less than an annual basis,”; 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.

30. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 494C(a)(5)(B) · 122 Stat. 3078

    1. Added · 20 U.S.C. § 1098(j)(4); 20 U.S.C. § 1098(j)(5)

       Pub. L. 110–315, § 494C(a)(5)(B), added pars. (4) and (5)

    2. Struck · 20 U.S.C. § 1098(j)(4); 20 U.S.C. § 1098(j)(5)

       Pub. L. 110–315, § 494C(a)(5)(B), struck out former pars. (4) and (5) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (j)(4), (5). Pub. L. 110–315, § 494C(a)(5)(B), added pars. (4) and (5) and struck out former pars. (4) and (5) which read as follows:

    “(4) assess the implications of distance education on student eligibility and other requirements for financial assistance under this subchapter, and make recommendations that will enhance access to postsecondary education through distance education while maintaining access, through on-campus instruction at eligible institutions, and program integrity; and “(5) make recommendations to the Secretary regarding redundant or outdated provisions of and regulations under this chapter, consistent with the Secretary’s requirements under section 1099c–2 of this title.”

    Enacted provision · exact public law section
    (B) by striking paragraphs (4) and (5) and inserting the following: “(4) conduct a review and analysis of regulations in accordance with subsection (l); and “(5) conduct a study in accordance with subsection (m).” ;

    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.

31. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 494C(a)(6) · 122 Stat. 3078

    Substituted · 20 U.S.C. § 1098(k)

    Pub. L. 110–315, § 494C(a)(6), substituted “2014” for “2004”

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 110–315, § 494C(a)(6), substituted “2014” for “2004”.

    Enacted provision · exact public law section
    (6) in subsection (k), by striking “2004” and inserting “2014”; 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.

32. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 494C(a)(7) · 122 Stat. 3078

    Added · 20 U.S.C. § 1098(l); 20 U.S.C. § 1098(m)

    Pub. L. 110–315, § 494C(a)(7), added subsecs. (l) and (m)

    Source evidence

    Code amendment note
    Subsecs. (l), (m). Pub. L. 110–315, § 494C(a)(7), added subsecs. (l) and (m).

    Enacted provision · exact public law section
    (7) by adding at the end the following: “(l) Review and Analysis of Regulations.— “(1) Recommendations.— The Advisory Committee shall make recommendations to the Secretary and the authorizing committees for consideration of future legislative action regarding redundant or outdated regulations consistent with the Secretary’s requirements under section 498B. “(2) Review and analysis of regulations.— “(A) Review of current regulations.— To meet the requirements of subsection (d)(10), the Advisory Committee shall conduct a review and analysis of the regulations issued by Federal agencies that are in effect at the time of the review and that apply to the operations or activities of institutions of higher education from all sectors. The review and analysis may include a determination of whether the regulation is duplicative, is no longer necessary, is inconsistent with other Federal requirements, or is overly burdensome. In conducting the review, the Advisory Committee shall pay specific attention to evaluating ways in which regulations under this title affecting institutions of higher education (other than institutions described in section 102(a)(1)(C)), that have received in each of the two most recent award years prior to the date of enactment of Higher Education Opportunity Act less than $200,000 in funds through this title, may be improved, streamlined, or eliminated. “(B) Review and collection of future regulations.— The Advisory Committee shall— “(i) monitor all Federal regulations, including notices of proposed rulemaking, for their impact or potential impact on higher education; and “(ii) provide a succinct description of each regulation or proposed regulation that is generally relevant to institutions of higher education from all sectors. “(C) Maintenance of public website.— The Advisory Committee shall develop and maintain an easy to use, searchable, and regularly updated website that— “(i) provides information collected in subparagraph (B); “(ii) provides an area for the experts and members of the public to provide recommendations for ways in which the regulations may be streamlined; and “(iii) publishes the study conducted by the National Research Council of the National Academy of Sciences under section 1106 of the Higher Education Opportunity Act. “(3) Consultation.— “(A) In general.— In carrying out the review, analysis, and development of the website required under paragraph (2), the Advisory Committee shall consult with the Secretary, other Federal agencies, relevant representatives of institutions of higher education, individuals who have expertise and experience with Federal regulations, and the review panels described in subparagraph (B). “(B) Review panels.— The Advisory Committee shall convene not less than two review panels of representatives of the groups involved in higher education, including individuals involved in student financial assistance programs under this title, who have experience and expertise in the regulations issued by the Federal Government that affect all sectors of higher education, in order to review the regulations and to provide recommendations to the Advisory Committee with respect to the review and analysis under paragraph (2). The panels shall be made up of experts in areas such as the operations of the financial assistance programs, the institutional eligibility requirements for the financial assistance programs, regulations not directly related to the operations or the institutional eligibility requirements of the financial assistance programs, and regulations for dissemination of information to students about the financial assistance programs. “(4) Periodic updates to the authorizing committees.— The Advisory Committee shall— “(A) Deadline. Reports. submit, not later than two years after the completion of the negotiated rulemaking process required under section 492 resulting from the amendments to this Act made by the Higher Education Opportunity Act, a report to the authorizing committees and the Secretary detailing the review panels’ findings and recommendations with respect to the review of regulations; and “(B) provide periodic updates to the authorizing committees regarding— “(i) the impact of all Federal regulations on all sectors of higher education; and “(ii) suggestions provided through the website for streamlining or eliminating duplicative regulations. “(5) Additional support.— The Secretary and the Inspector General of the Department shall provide such assistance and resources to the Advisory Committee as the Secretary and Inspector General determine are necessary to conduct the review and analysis required by this subsection. “(m) Study of Innovative Pathways to Baccalaureate Degree Attainment.— “(1) Study required.— The Advisory Committee shall conduct a study of the feasibility of increasing baccalaureate degree attainment rates by reducing the costs and financial barriers to attaining a baccalaureate degree through innovative programs. “(2) Scope of study.— The Advisory Committee shall examine new and existing programs that promote baccalaureate degree attainment through innovative ways, such as dual or concurrent enrollment programs, changes made to the Federal Pell Grant program, simplification of the needs analysis process, compressed or modular scheduling, articulation agreements, and programs that allow two-year institutions of higher education to offer baccalaureate degrees. “(3) Required aspects of the study.— In performing the study described in this subsection, the Advisory Committee shall examine the following aspects of such innovative programs: “(A) The impact of such programs on baccalaureate attainment rates. “(B) The degree to which a student’s total cost of attaining a baccalaureate degree can be reduced by such programs. “(C) The ways in which low- and moderate-income students can be specifically targeted by such programs. “(D) The ways in which nontraditional students can be specifically targeted by such programs. “(E) The cost-effectiveness for the Federal Government, States, and institutions of higher education to implement such programs. “(4) Consultation.— “(A) In general.— In performing the study described in this subsection, the Advisory Committee shall consult with a broad range of interested parties in higher education, including parents, students, appropriate representatives of secondary schools and institutions of higher education, appropriate State administrators, administrators of dual or concurrent enrollment programs, and appropriate Department officials. “(B) Consultation with the authorizing committees.— The Advisory Committee shall consult on a regular basis with the authorizing committees in carrying out the study required by this subsection. “(5) Reports to authorizing committees.— “(A) Interim report.— The Advisory Committee shall prepare and submit to the authorizing committees and the Secretary an interim report, not later than one year after the date of enactment of the Higher Education Opportunity Act, describing the progress made in conducting the study required by this subsection and any preliminary findings on the topics identified under paragraph (2). “(B) Final report.— The Advisory Committee shall, not later than three years after the date of enactment of the Higher Education Opportunity Act, prepare and submit to the authorizing committees and the Secretary a final report on the study, including recommendations for legislative, regulatory, and administrative changes based on findings related to the topics identified under paragraph (2).” .

    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.

33. 2009

    Pub. L. 111–39 title IV § 407(b)(11) · 123 Stat. 1934

    Changed · 20 U.S.C. § 1098(l)(2)(A)

    Pub. L. 111–39 made technical amendment to reference in original act which appears in text as reference to August 14, 2008

    Source evidence

    Code amendment note
    Subsec. (l)(2)(A). Pub. L. 111–39 made technical amendment to reference in original act which appears in text as reference to August 14, 2008.

    Enacted provision · exact public law section
    (11) in section 491(l)(2)(A) (20 U.S.C. 1098(l)(2)(A)), by inserting “the” after “enactment of”; 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.

34. 2014

    Pub. L. 113–174 § 2 · 128 Stat. 1900

    Substituted · 20 U.S.C. § 1098(k)

    Pub. L. 113–174 substituted “2015” for “2014”

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 113–174 substituted “2015” for “2014”.

    Enacted provision · exact public law section
    SEC. 2. EXTENSION OF ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE.   Section 491(k) of the Higher Education Act of 1965 (20 U.S.C. 1098(k)) is amended by striking “2014” and inserting “2015”.

35. 2022

    Pub. L. 117–286 § 4(a)(147) · 136 Stat. 4196

    Substituted · 20 U.S.C. § 1098(k)

    Pub. L. 117–286 substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act”

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 117–286 substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act”.

    Enacted provision · exact public law section
    (147) Section 491(k) of the Higher Education Act of 1965 (20 U.S.C. 1098(k)) is amended by striking “the Federal Advisory Committee Act (5 U.S.C. App. I)” and inserting “chapter 10 of title 5, United States Code,”.

35 of 47 references resolved to an enrolled provision · 12 partial