Skip to content
Congress Index

119th Congress

Menu

119th Congress

Title 20 — Education

Part G · Chapter 28 — Higher Education Resources and Student Assistance

§ 1098a. Regional meetings and negotiated rulemaking

Statutory text

(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.

(2)

Expansion of negotiated rulemaking

All regulations pertaining to this subchapter that are promulgated after , 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), 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.

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. Higher Education Act of 1965

    Pub. L. 89–329 title IV § 492 · 79 Stat. 1219

    Enacted · 20 U.S.C. § 1098a

    Pub. L. 89–329, title IV, § 492, as added Pub. L. 102–325, title IV, § 497, July 23, 1992, 106 Stat. 633

    Source evidence

    Code source credit
    Pub. L. 89–329, title IV, § 492, as added Pub. L. 102–325, title IV, § 497, July 23, 1992, 106 Stat. 633

  2. Higher Education Amendments of 1998

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

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

    Pub. L. 105–244, § 490D(a)(1)(C), substituted “The Secretary shall obtain the advice of and recommendations from” for “Such meetings shall include”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 105–244, § 490D(a)(1)(C), substituted “The Secretary shall obtain the advice of and recommendations from” for “Such meetings shall include”.

  3. Higher Education Amendments of 1998

    Pub. L. 105–244 § 490D(a)(1)(B) · 112 Stat. 1581

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

    Pub. L. 105–244, § 490D(a)(1)(B), which directed the substitution of “this subchapter;” for “parts B, G, and H of this subchapter,”, could not be executed because “parts B, G, and H of this subchapter,” does not appear in text

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–244, § 490D(a)(1)(B), which directed the substitution of “this subchapter;” for “parts B, G, and H of this subchapter,”, could not be executed because “parts B, G, and H of this subchapter,” does not appear in text.

  4. Higher Education Amendments of 1998

    Pub. L. 105–244 § 490D(a)(1)(A) · 112 Stat. 1581

    Struck · 20 U.S.C. § 1098a(a)(1)

    Pub. L. 105–244, § 490D(a)(1)(A), struck out “convene regional meetings to” before “obtain public involvement”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–244, § 490D(a)(1)(A), struck out “convene regional meetings to” before “obtain public involvement”.

  5. Higher Education Amendments of 1998

    Pub. L. 105–244 § 490D(a)(2)(B) · 112 Stat. 1581

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

      Pub. L. 105–244, § 490D(a)(2)(B)–(D), substituted “this subchapter” for “parts B, G, and H”

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

      Pub. L. 105–244, § 490D(a)(2)(B)–(D), substituted “1998 through such mechanisms as regional meetings and electronic exchanges of information” for “1992”

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

      Pub. L. 105–244, § 490D(a)(2)(B)–(D), substituted “through such mechanisms in” for “at such meetings in”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 105–244, § 490D(a)(2)(B)–(D), substituted “this subchapter” for “parts B, G, and H”, “1998 through such mechanisms as regional meetings and electronic exchanges of information” for “1992”, and “through such mechanisms in” for “at such meetings in”.

  6. Higher Education Amendments of 1998

    Pub. L. 105–244 § 490D(a)(2)(A) · 112 Stat. 1581

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

    Pub. L. 105–244, § 490D(a)(2)(A), which directed substitution of “The” for “During such meetings the”, was executed by making the substitution for “During such meetings, the” before “Secretary shall provide”, to reflect the probable intent of Congress

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–244, § 490D(a)(2)(A), which directed substitution of “The” for “During such meetings the”, was executed by making the substitution for “During such meetings, the” before “Secretary shall provide”, to reflect the probable intent of Congress.

  7. Higher Education Amendments of 1998

    Pub. L. 105–244 § 490D(b) · 112 Stat. 1581

    1. Amended · 20 U.S.C. § 1098a(b)

      Pub. L. 105–244, § 490D(b), designated existing provisions as par. (1)

    2. Inserted · 20 U.S.C. § 1098a(b)

      Pub. L. 105–244, § 490D(b), inserted par. (1) heading

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

      Pub. L. 105–244, § 490D(b), substituted “obtaining the advice and recommendations described in subsection (a)(1)” for “holding regional meetings”

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

      Pub. L. 105–244, § 490D(b), substituted “this subchapter” for “parts B, G, and H of this subchapter”

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

      Pub. L. 105–244, § 490D(b), substituted “1998” for “1992”

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

      Pub. L. 105–244, § 490D(b), substituted “360-day” for “240-day”

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

      Pub. L. 105–244, § 490D(b), substituted “section 1232(e)” for “section 1232(g)”

    8. Struck · 20 U.S.C. § 1098a(b)

      Pub. L. 105–244, § 490D(b), struck out “The Secretary shall follow the guidance provided in sections 305.82–4 and 305.85–5 of chapter 1, Code of Federal Regulations, and any successor recommendation, regulation, or law.” after “rulemaking process.” and “participating in the regional meetings” after “nominated by groups”

    9. Added · 20 U.S.C. § 1098a(b)

      Pub. L. 105–244, § 490D(b), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–244, § 490D(b), designated existing provisions as par. (1), inserted par. (1) heading, substituted “obtaining the advice and recommendations described in subsection (a)(1)” for “holding regional meetings”, “this subchapter” for “parts B, G, and H of this subchapter”, “1998” for “1992”, “360-day” for “240-day”, and “section 1232(e)” for “section 1232(g)”, struck out “The Secretary shall follow the guidance provided in sections 305.82–4 and 305.85–5 of chapter 1, Code of Federal Regulations, and any successor recommendation, regulation, or law.” after “rulemaking process.” and “participating in the regional meetings” after “nominated by groups”, and added par. (2).

  8. Higher Education Opportunity Act

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

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

    Pub. L. 110–315, § 494D(a)(1), inserted “State student grant agencies,” after “institutions of higher education,”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 110–315, § 494D(a)(1), inserted “State student grant agencies,” after “institutions of higher education,”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by inserting “State student grant agencies,” after “institutions of higher education,”; 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.

  9. Higher Education Opportunity Act

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

    Struck · 20 U.S.C. § 1098a(a)(2)

    Pub. L. 110–315, § 494D(a)(2), struck out “, as amended by the Higher Education Amendments of 1998” before “through such mechanisms”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 110–315, § 494D(a)(2), struck out “, as amended by the Higher Education Amendments of 1998” before “through such mechanisms”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by striking “, as amended by the Higher Education Amendments of 1998”.

    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. Higher Education Opportunity Act

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

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

      Pub. L. 110–315, § 494D(b), struck out “as amended by the Higher Education Amendments of 1998” before “and shall submit”

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

      Pub. L. 110–315, § 494D(b), substituted “The Secretary” for “To the extent possible, the Secretary”

    3. Inserted · 20 U.S.C. § 1098a(b)(1)

      Pub. L. 110–315, § 494D(b), inserted “with demonstrated expertise or experience in the relevant subjects under negotiation,” after “select individuals”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 110–315, § 494D(b), struck out “as amended by the Higher Education Amendments of 1998” before “and shall submit”, substituted “The Secretary” for “To the extent possible, the Secretary”, and inserted “with demonstrated expertise or experience in the relevant subjects under negotiation,” after “select individuals”.

    Enacted provision · exact public law section
    (b) Negotiated Rulemaking.— Section 492(b)(1) (20 U.S.C. 1098a(b)(1)) is amended— (1) in the first sentence, by striking “as amended by the Higher Education Amendments of 1998”; and (2) in the third sentence— (A) by striking “To the extent possible, the Secretary” and inserting “The Secretary”; and (B) by inserting “with demonstrated expertise or experience in the relevant subjects under negotiation,” after “select individuals”.

    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. Pub. L. 111–39 § 407(b)(12)(A) · 123 Stat. 1934

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

    Pub. L. 111–39, § 407(b)(12)(A), substituted “regulations for this subchapter. The” for “regulations for parts B, G, and H of this subchapter. The”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 111–39, § 407(b)(12)(A), substituted “regulations for this subchapter. The” for “regulations for parts B, G, and H of this subchapter. The”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “regulations” and all that follows through “The” and inserting “regulations for this title. The”; 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.

  12. Pub. L. 111–39 § 407(b)(12)(B) · 123 Stat. 1934

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

    Pub. L. 111–39, § 407(b)(12)(B), substituted “The Secretary shall provide” for text from beginning of par. (2) through “provide”, resulting in text identical to that after execution of the amendment by Pub. L. 105–244, § 490D(a)(2)(A). See 1998 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 111–39, § 407(b)(12)(B), substituted “The Secretary shall provide” for text from beginning of par. (2) through “provide”, resulting in text identical to that after execution of the amendment by Pub. L. 105–244, § 490D(a)(2)(A). See 1998 Amendment note below.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “Issues” and all that follows through “provide” and inserting “Issues.—The Secretary shall provide”.

    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.

  13. Pub. L. 117–286 § 4(a)(148) · 136 Stat. 4196

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

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

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

      Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act” in text

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 117–286 substituted “chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act” in text.

    Enacted provision · exact public law section
    (148) Section 492(c) of the Higher Education Act of 1965 (20 U.S.C. 1098a(c)) is amended— (A) in the subsection heading, by striking “Federal Advisory Committee Act” and inserting “Chapter 10 of Title 5, United States Code”; and (B) in text, by striking “The Federal Advisory Committee Act” and inserting “Chapter 10 of title 5, United States Code,”.

9 of 26 references resolved to an enrolled provision · 17 partial

Editorial Notes

Amendments1998–2022 · 4 rounds

2022

Subsec. (c). Pub. L. 117–286 substituted “chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act” in text.

2009

Subsec. (a)(1). Pub. L. 111–39, § 407(b)(12)(A), substituted “regulations for this subchapter. The” for “regulations for parts B, G, and H of this subchapter. The”.

Subsec. (a)(2). Pub. L. 111–39, § 407(b)(12)(B), substituted “The Secretary shall provide” for text from beginning of par. (2) through “provide”, resulting in text identical to that after execution of the amendment by Pub. L. 105–244, § 490D(a)(2)(A). See 1998 Amendment note below.

2008

Subsec. (a)(1). Pub. L. 110–315, § 494D(a)(1), inserted “State student grant agencies,” after “institutions of higher education,”.

Subsec. (a)(2). Pub. L. 110–315, § 494D(a)(2), struck out “, as amended by the Higher Education Amendments of 1998” before “through such mechanisms”.

Subsec. (b)(1). Pub. L. 110–315, § 494D(b), struck out “as amended by the Higher Education Amendments of 1998” before “and shall submit”, substituted “The Secretary” for “To the extent possible, the Secretary”, and inserted “with demonstrated expertise or experience in the relevant subjects under negotiation,” after “select individuals”.

1998

Subsec. (a)(1). Pub. L. 105–244, § 490D(a)(1)(C), substituted “The Secretary shall obtain the advice of and recommendations from” for “Such meetings shall include”.

Pub. L. 105–244, § 490D(a)(1)(B), which directed the substitution of “this subchapter;” for “parts B, G, and H of this subchapter,”, could not be executed because “parts B, G, and H of this subchapter,” does not appear in text.

Pub. L. 105–244, § 490D(a)(1)(A), struck out “convene regional meetings to” before “obtain public involvement”.

Subsec. (a)(2). Pub. L. 105–244, § 490D(a)(2)(B)–(D), substituted “this subchapter” for “parts B, G, and H”, “1998 through such mechanisms as regional meetings and electronic exchanges of information” for “1992”, and “through such mechanisms in” for “at such meetings in”.

Pub. L. 105–244, § 490D(a)(2)(A), which directed substitution of “The” for “During such meetings the”, was executed by making the substitution for “During such meetings, the” before “Secretary shall provide”, to reflect the probable intent of Congress.

Subsec. (b). Pub. L. 105–244, § 490D(b), designated existing provisions as par. (1), inserted par. (1) heading, substituted “obtaining the advice and recommendations described in subsection (a)(1)” for “holding regional meetings”, “this subchapter” for “parts B, G, and H of this subchapter”, “1998” for “1992”, “360-day” for “240-day”, and “section 1232(e)” for “section 1232(g)”, struck out “The Secretary shall follow the guidance provided in sections 305.82–4 and 305.85–5 of chapter 1, Code of Federal Regulations, and any successor recommendation, regulation, or law.” after “rulemaking process.” and “participating in the regional meetings” after “nominated by groups”, and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

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

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective , except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

Inapplicability of Master Calendar and Negotiated Rulemaking Requirements

This section inapplicable to amendment made by section 100302(a) of Pub. L. 112–141 or to any regulations promulgated under such amendment, see section 100302(b) of Pub. L. 112–141, set out as a note under section 1089 of this title.

This section inapplicable to amendments made by section 309 of Pub. L. 112–74 or to any regulations promulgated under such amendments, see section 309(h) of Pub. L. 112–74, set out as a note under section 1089 of this title.

This section inapplicable to amendments made by title V of Pub. L. 112–25 or to any regulations promulgated under such amendments, see section 504 of Pub. L. 112–25, set out as a note under section 1089 of this title.

This section inapplicable to amendments made by section 1860(a)(2) of Pub. L. 112–10 or to any regulations promulgated under such amendments, see section 1860(c) of Pub. L. 112–10, set out as a note under section 1089 of this title.

This section inapplicable to amendments made by title IV of Pub. L. 111–39 or to any regulations promulgated under such amendments, see section 409 of Pub. L. 111–39, set out as a note under section 1089 of this title.

This section inapplicable to amendments made by section 402(a) of Pub. L. 110–315 or to any regulations promulgated under such amendments, see section 402(b) of Pub. L. 110–315, set out as a note under section 1089 of this title.

This section inapplicable to amendments made by Pub. L. 110–227 or to any regulations promulgated under such amendments, see section 11 of Pub. L. 110–227, set out as a note under section 1089 of this title.

Credits

1992–2022 · 5 acts
  1. 1992Pub. L. 89–329, title IV, § 492, as added Pub. L. 102–325, title IV, § 497, , 106 Stat. 633
  2. 1998amended Pub. L. 105–244, title IV, § 490D, , 112 Stat. 1755
  3. 2008Pub. L. 110–315, title IV, § 494D, , 122 Stat. 3324
  4. 2009Pub. L. 111–39, title IV, § 407(b)(12), , 123 Stat. 1953
  5. 2022Pub. L. 117–286, § 4(a)(148), , 136 Stat. 4322.
Show as published

(Pub. L. 89–329, title IV, § 492, as added Pub. L. 102–325, title IV, § 497, , 106 Stat. 633; amended Pub. L. 105–244, title IV, § 490D, , 112 Stat. 1755; Pub. L. 110–315, title IV, § 494D, , 122 Stat. 3324; Pub. L. 111–39, title IV, § 407(b)(12), , 123 Stat. 1953; Pub. L. 117–286, § 4(a)(148), , 136 Stat. 4322.)

Parsed from the official OLRC USLM XML in data/usc_all/usc20.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t20/s1098a