§ 1098a. Regional meetings and negotiated rulemaking
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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.
(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), 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.
(Pub. L. 89–329, title IV, § 492, as added Pub. L. 102–325, title IV, § 497, July 23, 1992, 106 Stat. 633; amended Pub. L. 105–244, title IV, § 490D, Oct. 7, 1998, 112 Stat. 1755; Pub. L. 110–315, title IV, § 494D, Aug. 14, 2008, 122 Stat. 3324; Pub. L. 111–39, title IV, § 407(b)(12), July 1, 2009, 123 Stat. 1953; Pub. L. 117–286, § 4(a)(148), Dec. 27, 2022, 136 Stat. 4322.)
Connections222 cite this · traces to 5
Cited by 222 sections · top 60
U.S. Code
public-private-law
- Public Law 116-136Coronavirus Aid, Relief, and Economic Security Act
- Public Law 117-2American Rescue Plan Act of 2021
- Public Law 117-286To make revisions in title 5, United States Code, as necessary to keep the title current, and to make technical amendments to improve the United States Code.Dec
- Public Law 117-49Consider Teachers Act of 2021
register
- Rules and RegulationsFinal rule
- Proposed RulesNotice of intention to establish negotiated rulemaking committees on issues for programs authorized under Title IV of the Higher Education Act of 1965, as amended
- Proposed RulesIntent to establish negotiated rulemaking committee
- NoticesTermination of negotiated rulemaking process for State Authorization, Cash Management, Accreditation and Related Issues
- NoticesCorrecting amendment
- Proposed RulesNotice of additional hearing and extension of comment date
- Proposed RulesNotice of proposed rulemaking
- NoticesNotice of proposed rulemaking
- Proposed RulesNotice of intent to establish negotiated rulemaking committee
- NoticesNotice of proposed rulemaking (NPRM)
- Rules and RegulationsNotice of intent to establish negotiated rulemaking committee
- NoticesNotice of proposed rulemaking
- Proposed RulesNotice of intent to establish negotiated rulemaking committee; amendment
- NoticesNotice of proposed rulemaking; withdrawal
- Rules and RegulationsNotice of proposed rulemaking
- NoticesInterim final regulations
- NoticesInterim final regulations
- Proposed RulesNotice of proposed rulemaking
- Proposed RulesNotice of proposed rulemaking
- NoticesFinal regulations; technical corrections and correcting amendments
- NoticesIntent to establish negotiated rulemaking committees
- Proposed RulesNotice of proposed rulemaking
- Proposed RulesNotice of intention to establish
- NoticesFinal rule; technical corrections
- Proposed RulesNotice of location of negotiations and subcommittee meetings
- Proposed RulesIntent to establish rulemaking committee
- Rules and RegulationsFinal rule with request for comments
- Proposed RulesNotice of proposed rulemaking
- Rules and RegulationsFinal regulations
- NoticesNotice of proposed rulemaking
- NoticesNotice of proposed rulemaking
- Proposed RulesIntent to establish negotiated rulemaking committee
- Presidential DocumentsFinal regulations
- Presidential DocumentsNotice of proposed rulemaking
- NoticesFinal regulations
- Proposed RulesIntent to establish negotiated rulemaking committees
- NoticesAnnouncement of early implementation date
- NoticesIntent to establish a negotiated rulemaking committee; correction
- Proposed RulesCancellation of notice of public hearing on proposed rulemaking
- Rules and RegulationsFinal rule
- NoticesIntent to establish negotiated rulemaking committee
- NoticesFinal regulations
- Rules and RegulationsFinal regulations; correction
statutes-at-large
Traces to 5 documents
U.S. Code
39 references not yet in our index
- Pub. L. 89–329, title IV, § 492
- Pub. L. 102–325, title IV, § 497
- 106 Stat. 633
- 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
- 136 Stat. 4322
- Pub. L. 111–39, § 407(b)(12)(A)
- Pub. L. 111–39, § 407(b)(12)(B)
- Pub. L. 105–244, § 490D(a)(2)(A)
- Pub. L. 110–315, § 494D(a)(1)
- Pub. L. 110–315, § 494D(a)(2)
- Pub. L. 110–315, § 494D(b)
- Pub. L. 105–244, § 490D(a)(1)(C)
- Pub. L. 105–244, § 490D(a)(1)(B)
- Pub. L. 105–244, § 490D(a)(1)(A)
- Pub. L. 105–244, § 490D(a)(2)(B)
- Pub. L. 105–244, § 490D(b)
- Pub. L. 111–39
- Pub. L. 110–315
- section 3 of Pub. L. 111–39
- Pub. L. 105–244
- section 3 of Pub. L. 105–244
- section 100302(a) of Pub. L. 112–141
- section 100302(b) of Pub. L. 112–141
- section 309 of Pub. L. 112–74
- section 309(h) of Pub. L. 112–74
- Pub. L. 112–25
- section 504 of Pub. L. 112–25
- section 1860(a)(2) of Pub. L. 112–10
- section 1860(c) of Pub. L. 112–10
- section 409 of Pub. L. 111–39
- section 402(a) of Pub. L. 110–315
- section 402(b) of Pub. L. 110–315
- Pub. L. 110–227
- section 11 of Pub. L. 110–227
Citation graph
cites case law
§ 1098a
Regional meetings and negotiated rulemaking
Fed. Reg.×107
Bills×89
Stat.×9
U.S.C.×8
Stat. Comp.×5
Pub. L.×4
Pub. L.Pub. L. 89–329, title IV, § 492
Pub. L.Pub. L. 102–325, title IV, § 497
Stat.106 Stat. 633
Pub. L.Pub. L. 105–244, title IV, § 490D
Stat.112 Stat. 1755
Cites 44 · showing 10Cited by 222 across 6 sources