20 U.S.C. § 1099c–2: Review of regulations

Summary

The Secretary must review every rule made under this part that affects how participants run their programs. The review must check if a rule is unnecessary or repeats other rules. It can also make sure rules are applied the same way, set up a single process for checking eligibility and compliance (like audits and recertification), and see if rules meant for businesses unfairly add costs to college facilities and equipment. The Secretary must also look for ways to simplify or remove rules for colleges that got less than $200,000 from this program in each of the two award years before October 7, 1998 (except those listed in section 1002(a)(1)(C)). In doing these reviews, the Secretary must talk with representatives of the participating institutions.

Title 20, §1099c–2

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(a)Review required

The Secretary shall review each regulation issued under this subchapter that is in effect at the time of the review and applies to the operations or activities of any participant in the programs assisted under this subchapter. The review shall include a determination of whether the regulation is duplicative, or is no longer necessary. The review may involve one or more of the following:

(1)An assurance of the uniformity of interpretation and application of such regulations.

(2)The establishment of a process for ensuring that eligibility and compliance issues, such as institutional audit, program review, and recertification, are considered simultaneously.

(3)A determination of the extent to which unnecessary costs are imposed on institutions of higher education as a consequence of the applicability to the facilities and equipment of such institutions of regulations prescribed for purposes of regulating industrial and commercial enterprises.

(b)Regulatory and statutory relief for small volume institutions

The Secretary shall review and evaluate ways in which regulations under and provisions of this chapter affecting institution of higher education (other than institutions described in section 1002(a)(1)(C) of this title), that have received in each of the two most recent award years prior to October 7, 1998, less than $200,000 in funds through this subchapter, may be improved, streamlined, or eliminated.

(c)Consultation

In carrying out subsections (a) and (b), the Secretary shall consult with relevant representatives of institutions participating in the programs authorized by this subchapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (d). Pub. L. 110–315 struck out subsec. (d) which required the Secretary to submit reports to Congress.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as an

Effective Date

of 1998 Amendment note under section 1001 of this title.

§1099c–2 Review of Regulations

Summary

Title 20, §1099c–2

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata