20 U.S.C. § 1094a : US Code - Section 1094A: Regulatory relief and improvement

Search 20 U.S.C. § 1094a : US Code - Section 1094A: Regulatory relief and improvement

(a) Quality Assurance Program
(1) 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.
(2) 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.
(3) 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 and part C of subchapter I of chapter 34 of title 42
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 and part C of subchapter I of chapter 34 of title 42.
The Secretary shall not modify or waive any statutory
requirements pursuant to this paragraph.
(4) Determination
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) 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 Committee on Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the House of
Representatives.
(b) Regulatory improvement and streamlining experiments
(1) In general
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.
(2) Report
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 -
(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) Selection
(A) In general
Upon the submission of the report required by paragraph (2),
the Secretary is authorized to 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) Consultation
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.
(C) Waivers
The Secretary is authorized to waive, for any institution
participating as an experimental site under subparagraph (A),
any requirements in this subchapter and part C of subchapter I
of chapter 34 of title 42, or regulations prescribed under this
subchapter and part C of subchapter I of chapter 34 of title
42, that will bias the results of the experiment, except that
the Secretary shall not waive any provisions with respect to
award rules, grant and loan maximum award amounts, and need
analysis requirements.
(c) "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.