Quality Assurance Program
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.
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.
Waiver
The Secretary is authorized to waive for any institution participating in the Quality Assurance Program any regulations dealing with reporting or verification requirements in this subchapter that are addressed by the institution’s alternative management system, and may substitute such quality assurance reporting as the Secretary determines necessary to ensure accountability and compliance with the purposes of the programs under this subchapter. The Secretary shall not modify or waive any statutory requirements pursuant to this paragraph.
Determination
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 chapter that will streamline the administration and enhance the integrity of Federal student assistance programs. Such recommendations shall be submitted to the authorizing committees.
Regulatory improvement and streamlining experiments
In general
The Secretary shall continue the voluntary participation of any experimental sites in existence as of , unless the Secretary determines that such site’s participation has not been successful in carrying out the purposes of this section. Any experimental sites 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 .
Report
Selection
In general
The Secretary is authorized to periodically 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.
Waivers
section 1098a of this titleThe Secretary is authorized to waive, for any institution participating as an experimental site under subparagraph (A), any requirements in this subchapter, 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 , or regulations prescribed under this subchapter, that will bias the results of the experiment, except that the Secretary shall not waive any provisions with respect to award rules (other than an award rule related to an experiment in modular or compressed schedules), grant and loan maximum award amounts, and need analysis requirements unless the waiver of such provisions is authorized by another provision under this subchapter.
Determination of success
“Current award year” defined
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.
Pub. L. 89–329, title IV, § 487APub. L. 102–325, title IV, § 491106 Stat. 629 Pub. L. 105–244, title IV, § 490112 Stat. 1751 Pub. L. 110–315, title I, § 103(b)(13)122 Stat. 3090 Pub. L. 111–39, title IV, § 407(b)(9)123 Stat. 1952 (, as added , , ; amended , , ; , title IV, § 494, , , 3318; , , .)
Editorial Notes
Amendments
Pub. L. 111–39, § 407(b)(9)(A)2009—Subsec. (b)(1). , substituted “Any experimental sites” for “Any activities” and “” for “”.
Pub. L. 111–39, § 407(b)(9)(B)Subsec. (b)(4). , added par. (4).
Pub. L. 110–315, § 103(b)(13)2008—Subsec. (a)(5). , 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”.
Pub. L. 110–315, § 494(1)Subsec. (b)(1). , amended par. (1) generally. Prior to amendment, text read as follows: “The Secretary may continue any experimental sites in existence on . Any activities approved by the Secretary prior to , that are inconsistent with this section shall be discontinued not later than .”
Pub. L. 110–315, § 494(2)Subsec. (b)(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 ), 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 . Such report shall include—”.
Pub. L. 110–315, § 494(3)(A)Subsec. (b)(3)(A). , substituted “The” for “Upon the submission of the report required by paragraph (2), the” and inserted “periodically” after “authorized to”.
Pub. L. 110–315, § 494(3)(D)section 1098a of this titleSubsec. (b)(3)(B). , 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 ” 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.
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.”
Pub. L. 110–315, § 494(3)(C)Subsec. (b)(3)(C). , redesignated subpar. (C) as (B).
Pub. L. 105–2441998— 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.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Pub. L. 111–39Pub. L. 110–315section 3 of Pub. L. 111–39section 1001 of this titleAmendment by effective as if enacted on the date of enactment of (), see , set out as a note under .
Effective Date of 1998 Amendment
Pub. L. 105–244Pub. L. 105–244section 3 of Pub. L. 105–244section 1001 of this titleAmendment by effective , except as otherwise provided in , see , set out as a note under .