Title 20 — EducationRelease 119-73not60
§1094a Regulatory Relief and Improvement
Title 20 › Chapter 28— HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE › Subchapter IV— STUDENT ASSISTANCE › Part G— General Provisions Relating to Student Assistance Programs › § 1094a
Summary
Lets the Secretary of Education pick colleges and other schools that want to join a voluntary Quality Assurance Program. Schools in the program can create their own systems for handling and sending out student aid, checking financial aid applications, and doing entrance and exit interviews. The Secretary must pick schools based on how well they perform and current quality goals, and must choose a mix of sizes, missions, and locations. The Secretary can waive federal reporting or verification rules if a school’s system covers those rules, but cannot waive any laws passed by Congress. The Secretary can remove schools that cannot run the program and can require a school that quits to finish the current award year. The Secretary will review each school’s program and send recommendations to the authorizing committees to make federal student aid simpler and more secure. Schools that were experimental sites on July 1, 2007 can keep participating unless they prove unsuccessful. Any experimental site approved before that date that is not successful must stop by June 30, 2010. The Secretary must review experimental sites and send a report every two years listing participants and waivers, findings, and recommended changes. The Secretary may add a few more experimental sites to test new rules and may waive rules that would skew results, but may not waive award ceiling rules, maximum grant or loan amounts, or basic need-analysis rules unless another law allows it. The Secretary will judge success by cutting school paperwork without new taxpayer costs and by helping students. “Current award year” means the award year when a school says it will stop.
Full Legal Text
Title 20, §1094a
Education — Source: USLM XML via OLRC
(a)(1)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.
(2)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.
(3)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.
(4)The Secretary is authorized to determine—
(A)when an institution that is unable to administer the Quality Assurance Program shall be removed from such program; and
(B)when institutions desiring to cease participation in such program will be required to complete the current award year under the requirements of the Quality Assurance Program.
(5)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.
(b)(1)The Secretary shall continue the voluntary participation of any experimental sites in existence as of July 1, 2007, 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 June 30, 2010.
(2)The Secretary shall review and evaluate the experience of institutions participating as experimental sites and shall, on a biennial basis, submit a report based on the review and evaluation to the authorizing committees. Such report shall include—
(A)a list of participating institutions and the specific statutory or regulatory waivers granted to each institution;
(B)the findings and conclusions reached regarding each of the experiments conducted; and
(C)recommendations for amendments to improve and streamline this chapter, based on the results of the experiment.
(3)(A)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.
(B)The 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 section 1098a of this title, 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.
(4)For the purposes of paragraph (1), the Secretary shall make a determination of success regarding an institution’s participation as an experimental site based on—
(A)the ability of the experimental site to reduce administrative burdens to the institution, as documented in the Secretary’s biennial report under paragraph (2), without creating costs for the taxpayer; and
(B)whether the experimental site has improved the delivery of services to, or otherwise benefitted, students.
(c)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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2009—Subsec. (b)(1). Pub. L. 111–39, § 407(b)(9)(A), substituted “Any experimental sites” for “Any activities” and “
June 30, 2010” for “
June 30, 2009”. Subsec. (b)(4). Pub. L. 111–39, § 407(b)(9)(B), added par. (4). 2008—Subsec. (a)(5). Pub. L. 110–315, § 103(b)(13), 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”. Subsec. (b)(1). Pub. L. 110–315, § 494(1), amended par. (1) generally. Prior to amendment, text read as follows: “The Secretary may continue any experimental sites in existence on
October 7, 1998. Any activities approved by the Secretary prior to
October 7, 1998, that are inconsistent with this section shall be discontinued not later than
June 30, 1999.” Subsec. (b)(2). Pub. L. 110–315, § 494(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
October 7, 1998), 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
October 7, 1998. Such report shall include—”. Subsec. (b)(3)(A). Pub. L. 110–315, § 494(3)(A), substituted “The” for “Upon the submission of the report required by paragraph (2), the” and inserted “periodically” after “authorized to”. Subsec. (b)(3)(B). Pub. L. 110–315, § 494(3)(D), 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 section 1098a of this title” 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.” Subsec. (b)(3)(C). Pub. L. 110–315, § 494(3)(C), redesignated subpar. (C) as (B). 1998—Pub. L. 105–244 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 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.
Reference
Citations & Metadata
Citation
20 U.S.C. § 1094a
Title 20 — Education
Last Updated
Apr 5, 2026
Release point: 119-73not60