20 U.S.C. § 1098a : US Code - Section 1098A: Regional meetings and negotiated rulemaking

Search 20 U.S.C. § 1098a : US Code - Section 1098A: Regional meetings and negotiated rulemaking

(a) Meetings
(1) In general
The Secretary shall obtain public involvement in the
development of proposed regulations for this subchapter and part
C of subchapter I of chapter 34 of title 42; (!1) 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 and part C of
subchapter I of chapter 34 of title 42, such as students, legal
assistance organizations that represent students, institutions of
higher education, guaranty agencies, lenders, secondary markets,
loan servicers, guaranty agency servicers, and collection
agencies.
(2) Issues
The Secretary shall provide for a comprehensive discussion and
exchange of information concerning the implementation of this
subchapter and part C of subchapter I of chapter 34 of title 42,
as amended by the Higher Education Amendments of 1998 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) Draft regulations
(1) In general
After obtaining the advice and recommendations described in
subsection (a)(1) of this section and before publishing proposed
regulations in the Federal Register, the Secretary shall prepare
draft regulations implementing this subchapter and part C of
subchapter I of chapter 34 of title 42 as amended by the Higher
Education Amendments of 1998 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) of this
section, and shall include both representatives of such groups
from Washington, D.C., and industry participants. To the extent
possible, the Secretary shall select individuals 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) Expansion of negotiated rulemaking
All regulations pertaining to this subchapter and part C of
subchapter I of chapter 34 of title 42 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) Applicability of Federal Advisory Committee Act
The Federal Advisory Committee Act shall not apply to activities
carried out under this section.
(d) 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.