Title 20 — EducationRelease 119-73
§1098a Regional meetings and negotiated rulemaking
Title 20 › Chapter CHAPTER 28— - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE › Subchapter SUBCHAPTER IV— - STUDENT ASSISTANCE › Part Part G— - General Provisions Relating to Student Assistance Programs › § 1098a
Summary
The Secretary must get public input when writing proposed rules for federal student aid. The Secretary must ask for advice from people and groups involved in student aid, like students, legal aid groups, colleges, State grant and guaranty agencies, lenders and secondary markets, loan servicers, and collection agencies. The Secretary must hold regional meetings and use electronic exchanges to discuss how the rules would work, use what is learned when making rules, and publish a summary of that input in the Federal Register with the proposed rules. Before publishing proposed rules, the Secretary must put draft rules into a negotiated rulemaking process. Participants are picked from nominations by the groups above and must include both Washington, D.C., representatives and industry participants with relevant experience and diverse sizes and areas. The process must be done in time so final rules can be issued within the 360-day period described in section 1232(e). Rules made after October 7, 1998 must use negotiated rulemaking unless the Secretary finds that is impracticable, unnecessary, or contrary to the public interest and explains that decision in the Federal Register when the proposed rules are published. Agreed results from the negotiations must be followed unless the Secretary reopens talks or gives a written explanation to the participants. Chapter 10 of title 5 does not apply to these activities. Money can be appropriated as needed to run this process, and if no money is specifically provided, the Secretary must use Department of Education operations funds.
Full Legal Text
Title 20, §1098a
Education — Source: USLM XML via OLRC
(a)(1)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)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)(1)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)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)Chapter 10 of title 5 shall not apply to activities carried out under this section.
(d)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
Notes & Related Subsidiaries
Editorial Notes
Amendments
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 section 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 AmendmentAmendment 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.
Effective Date
of 1998 AmendmentAmendment by Pub. L. 105–244 effective Oct. 1, 1998, 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 RequirementsThis 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.
Reference
Citations & Metadata
Citation
20 U.S.C. § 1098a
Title 20 — Education
Last Updated
Apr 6, 2026
Release point: 119-73