Meetings
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.
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.
Draft regulations
In general
section 1232(e) of this titleAfter 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 .
Expansion of negotiated rulemaking
section 553(b)(3)(B) of title 5All 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 ), 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.
Applicability of chapter 10 of title 5
Chapter 10 of title 5 shall not apply to activities carried out under this section.
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, § 492Pub. L. 102–325, title IV, § 497106 Stat. 633Pub. L. 105–244, title IV, § 490D112 Stat. 1755Pub. L. 110–315, title IV, § 494D122 Stat. 3324Pub. L. 111–39, title IV, § 407(b)(12)123 Stat. 1953Pub. L. 117–286, § 4(a)(148)136 Stat. 4322(, as added , , ; amended , , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 117–2862022—Subsec. (c). 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.
Pub. L. 111–39, § 407(b)(12)(A)2009—Subsec. (a)(1). , substituted “regulations for this subchapter. The” for “regulations for parts B, G, and H of this subchapter. The”.
Pub. L. 111–39, § 407(b)(12)(B)Pub. L. 105–244, § 490D(a)(2)(A)Subsec. (a)(2). , 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 . See 1998 Amendment note below.
Pub. L. 110–315, § 494D(a)(1)2008—Subsec. (a)(1). , inserted “State student grant agencies,” after “institutions of higher education,”.
Pub. L. 110–315, § 494D(a)(2)Subsec. (a)(2). , struck out “, as amended by the Higher Education Amendments of 1998” before “through such mechanisms”.
Pub. L. 110–315, § 494D(b)Subsec. (b)(1). , 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”.
Pub. L. 105–244, § 490D(a)(1)(C)1998—Subsec. (a)(1). , 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”.
Pub. L. 105–244, § 490D(a)(2)(B)Subsec. (a)(2). –(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.
Pub. L. 105–244, § 490D(b)Subsec. (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
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 .
Inapplicability of Master Calendar and Negotiated Rulemaking Requirements
section 100302(a) of Pub. L. 112–141section 100302(b) of Pub. L. 112–141section 1089 of this titleThis section inapplicable to amendment made by or to any regulations promulgated under such amendment, see , set out as a note under .
section 309 of Pub. L. 112–74section 309(h) of Pub. L. 112–74section 1089 of this titleThis section inapplicable to amendments made by or to any regulations promulgated under such amendments, see , set out as a note under .
Pub. L. 112–25section 504 of Pub. L. 112–25section 1089 of this titleThis section inapplicable to amendments made by title V of or to any regulations promulgated under such amendments, see , set out as a note under .
section 1860(a)(2) of Pub. L. 112–10section 1860(c) of Pub. L. 112–10section 1089 of this titleThis section inapplicable to amendments made by or to any regulations promulgated under such amendments, see , set out as a note under .
Pub. L. 111–39section 409 of Pub. L. 111–39section 1089 of this titleThis section inapplicable to amendments made by title IV of or to any regulations promulgated under such amendments, see , set out as a note under .
section 402(a) of Pub. L. 110–315section 402(b) of Pub. L. 110–315section 1089 of this titleThis section inapplicable to amendments made by or to any regulations promulgated under such amendments, see , set out as a note under .
Pub. L. 110–227section 11 of Pub. L. 110–227section 1089 of this titleThis section inapplicable to amendments made by or to any regulations promulgated under such amendments, see , set out as a note under .