20 U.S.C. § 1098c : US Code - Section 1098C: Year 2000 requirements at the Department

Search 20 U.S.C. § 1098c : US Code - Section 1098C: Year 2000 requirements at the Department

(a) Preparations for Year 2000
In order to ensure that the processing, delivery, and
administration of grant, loan, and work assistance provided under
this subchapter and part C of subchapter I of chapter 34 of title
42 is not interrupted due to operational problems related to the
inability of computer systems to indicate accurately dates after
December 31, 1999, the Secretary of Education shall -
(1) take such actions as are necessary to ensure that all
internal and external systems, hardware, and data exchange
infrastructure administered by the Department that are necessary
for the processing, delivery, and administration of the grant,
loan, and work assistance are Year 2000 compliant by March 31,
1999, such that there will be no business interruption after
December 31, 1999;
(2) ensure that the Robert T. Stafford Federal Student Loan
Program and the William D. Ford Federal Direct Loan Program are
equal in level of priority with respect to addressing, and that
resources are managed to equally provide for successful
resolution of, the Year 2000 computer problem in both programs by
December 31, 1999;
(3) work with the Department's various data exchange partners
under this subchapter and part C of subchapter I of chapter 34 of
title 42 to fully test all data exchange routes for Year 2000
compliance via end-to-end testing, and submit a report describing
the parameters and results of such tests to the Comptroller
General not later than March 31, 1999;
(4) ensure that the Inspector General of the Department (or an
external, independent entity selected by the Inspector General)
performs and publishes a risk assessment of the systems and
hardware under the Department's management, that has been
reviewed by an independent entity, and make such assessment
publicly available not later than 60 days after October 7, 1998;
(5) not later than June 30, 1999, ensure that the Inspector
General (or an external, independent entity selected by the
Inspector General) conducts a review of the Department's Year
2000 compliance for the processing, delivery, and administration
of grant, loan, and work assistance, and submits a report
reflecting the results of that review to the Chairperson of the
Committee on Labor and Human Resources of the Senate and the
Chairperson of the Committee on Education and the Workforce of
the House of Representatives;
(6) develop a contingency plan to ensure the programs under
this subchapter and part C of subchapter I of chapter 34 of title
42 will continue to run uninterrupted in the event of widespread
disruptions in the flow of accurate computerized data, which
contingency plan shall include a prioritization of mission
critical systems and strategies to allow data partners to
transfer data through alternate means; and
(7) alert Congress at the earliest possible time if mission
critical deadlines will not be met.
(b) Postponement authority for Year 2000
(1) Purpose
It is the purpose of this subsection to provide the Secretary
with the flexibility necessary to -
(A) ensure that the resources and capabilities of
institutions, lenders, and guaranty agencies are not
overburdened by the combination of student aid processing and
delivery requirements added or modified by the amendments made
by the Higher Education Amendments of 1998 and by the changes
required to ensure that the systems of the institutions,
lenders and guaranty agencies are Year 2000 compliant; and
(B) avoid the disruption of grant, loan, or work assistance
funds awarded to students because of Year 2000 compliance
problems at a substantial number of institutions, lenders, and
guaranty agencies.
(2) Authority to postpone
The Secretary may postpone, for a period of time described in
paragraph (3), the implementation of any requirements under part
B, C, D, or F of this subchapter that are added or modified by
the amendments made by the Higher Education Amendments of 1998
related to the processing or delivery of grant, loan, and work
assistance (which shall not include the determination of need for
such assistance) provided under this subchapter and part C of
subchapter I of chapter 34 of title 42, if the Secretary -
(A) determines that -
(i) implementation of such requirements would require
extensive changes to the existing systems of institutions,
lenders, or guaranty agencies; and
(ii) postponement is necessary to avoid jeopardizing the
ability of a substantial number of institutions, lenders, or
guaranty agencies to ensure that all of the systems of the
institutions, lenders, or guaranty agencies related to the
processing or delivery of such assistance function
successfully after December 31, 1999; and
(B) promptly publishes in the Federal Register a list of, and
notifies Congress of, any provisions, the implementation of
which the Secretary intends to postpone, with the reasons for
such postponement.
(3) Exceptions to authority
The Secretary may not postpone the implementation of one or
more provisions described in this subsection longer than the
earlier of -
(A) the period of time that the Secretary determines
necessary to ensure that the processing and delivery systems of
the institutions, lenders, and guaranty agencies referred to in
paragraph (1)(A)(ii) (!1) are capable of functioning
successfully after December 31, 1999; or
(B) one award year after the effective date applicable to
such provision under the Higher Education Amendments of 1998.