 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER IV--STUDENT ASSISTANCE
 
   Part F--General Provisions Relating to Student Assistance Programs
 
Sec. 1098. Advisory Committee on Student Financial Assistance


(a) Establishment and purpose

    (1) There is established in the Department an independent Advisory 
Committee on Student Financial Assistance (hereafter in this section 
referred to as the ``Advisory Committee'') which shall provide advice 
and counsel to the Congress and to the Secretary on student financial 
aid matters.
    (2) The purpose of the Advisory Committee is--
        (A) to provide extensive knowledge and understanding of the 
    Federal, State, and institutional programs of postsecondary student 
    assistance;
        (B) to provide technical expertise with regard to systems of 
    needs analysis and application forms; and
        (C) to make recommendations that will result in the maintenance 
    of access to postsecondary education for low- and middle-income 
    students.

(b) Independence of Advisory Committee

    In the exercise of its functions, powers, and duties, the Advisory 
Committee shall be independent of the Secretary and the other offices 
and officers of the Department. Notwithstanding Department of Education 
policies and regulations, the Advisory Committee shall exert independent 
control of its budget allocations, expenditures and staffing levels, 
personnel decisions and processes, procurements, and other 
administrative and management functions. The Advisory Committee's 
administration and management shall be subject to the usual and 
customary Federal audit procedures. Reports, publications, and other 
documents of the Advisory Committee, including such reports, 
publications, and documents in electronic form, shall not be subject to 
review by the Secretary. The recommendations of the Committee shall not 
be subject to review or approval by any officer in the executive branch, 
but may be submitted to the Secretary for comment prior to submission to 
the Congress in accordance with subsection (f) of this section. The 
Secretary's authority to terminate advisory committees of the Department 
pursuant to section 1233g(b) \1\ of this title ceased to be effective on 
June 23, 1983.
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    \1\ See References in Text note below.
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(c) Membership

    (1) The Advisory Committee shall have 11 members of which--
        (A) 3 members shall be appointed by the President pro tempore of 
    the Senate upon the recommendation of the Majority Leader and the 
    Minority Leader,
        (B) 3 members shall be appointed by the Speaker of the House of 
    Representatives upon the recommendation of the Majority Leader and 
    the Minority Leader, and
        (C) 5 members shall be appointed by the Secretary including, but 
    not limited to representatives of States, institutions of higher 
    education, secondary schools, credit institutions, students, and 
    parents.

    (2) Not less than 7 members of the Advisory Committee shall be 
individuals who have been appointed on the basis of technical 
qualifications, professional standing and demonstrated knowledge in the 
fields of higher education and student aid administration, need 
analysis, financing postsecondary education, student aid delivery, and 
the operations and financing of student loan guarantee agencies.

(d) Functions of the Committee

    The Advisory Committee shall--
        (1) develop, review, and comment annually upon the system of 
    needs analysis established under part E of this subchapter;
        (2) monitor, apprise, and evaluate the effectiveness of student 
    aid delivery and recommend improvements;
        (3) recommend data collection needs and student information 
    requirements which would improve access and choice for eligible 
    students under this subchapter and part C of subchapter I of chapter 
    34 of title 42 and assist the Department of Education in improving 
    the delivery of student aid;
        (4) assess the impact of legislative and administrative policy 
    proposals;
        (5) review and comment upon, prior to promulgation, all 
    regulations affecting programs under this subchapter and part C of 
    subchapter I of chapter 34 of title 42, including proposed 
    regulations;
        (6) recommend to the Congress and to the Secretary such studies, 
    surveys, and analyses of student financial assistance programs, 
    policies, and practices, including the special needs of low-income, 
    disadvantaged, and nontraditional students, and the means by which 
    the needs may be met, but nothing in this section shall authorize 
    the committee to perform such studies, surveys, or analyses;
        (7) review and comment upon standards by which financial need is 
    measured in determining eligibility for Federal student assistance 
    programs;
        (8) appraise the adequacies and deficiencies of current student 
    financial aid information resources and services and evaluate the 
    effectiveness of current student aid information programs; and
        (9) make special efforts to advise Members of Congress and such 
    Members' staff of the findings and recommendations made pursuant to 
    this paragraph.

(e) Operations of the Committee

    (1) Each member of the Advisory Committee shall be appointed for a 
term of 3 years, except that, of the members first appointed--
        (A) 4 shall be appointed for a term of 1 year;
        (B) 4 shall be appointed for a term of 2 years; and
        (C) 3 shall be appointed for a term of 3 years,

as designated at the time of appointment by the Secretary.
    (2) Any member appointed to fill a vacancy occurring prior to the 
expiration of the term of a predecessor shall be appointed only for the 
remainder of such term. A member of the Advisory Committee shall, upon 
request, continue to serve after the expiration of a term until a 
successor has been appointed. A member of the Advisory Committee may be 
reappointed to successive terms on the Advisory Committee.
    (3) No officers or full-time employees of the Federal Government 
shall serve as members of the Advisory Committee.
    (4) The Advisory Committee shall elect a Chairman and a Vice 
Chairman from among its members.
    (5) Six members of the Advisory Committee shall constitute a quorum.
    (6) The Advisory Committee shall meet at the call of the Chairman or 
a majority of its members.

(f) Submission to Department for comment

    The Advisory Committee may submit its proposed recommendations to 
the Department of Education for comment for a period not to exceed 30 
days in each instance.

(g) Compensation and expenses

    Members of the Advisory Committee may each receive reimbursement for 
travel expenses incident to attending Advisory Committee meetings, 
including per diem in lieu of subsistence, as authorized by section 5703 
of title 5, for persons in the Government service employed 
intermittently.

(h) Personnel and resources

    (1) The Advisory Committee may appoint such personnel as may be 
determined necessary by the Chairman without regard to the provisions of 
title 5 governing appointments in the competitive service, and may be 
paid without regard to the provisions of chapter 51 and subchapter III 
of chapter 53 of such title relating to classification and General 
Schedule pay rates, but no individual so appointed shall be paid in 
excess of the rate authorized for GS-18 of the General Schedule. The 
Advisory Committee may appoint not more than 1 full-time equivalent, 
nonpermanent, consultant without regard to the provisions of title 5. 
The Advisory Committee shall not be required by the Secretary to reduce 
personnel to meet agency personnel reduction goals.
    (2) In carrying out its duties under this chapter, the Advisory 
Committee shall consult with other Federal agencies, representatives of 
State and local governments, and private organizations to the extent 
feasible.
    (3)(A) The Advisory Committee is authorized to secure directly from 
any executive department, bureau, agency, board, commission, office, 
independent establishment, or instrumentality information, suggestions, 
estimates, and statistics for the purpose of this section and each such 
department, bureau, agency, board, commission, office, independent 
establishment, or instrumentality is authorized and directed, to the 
extent permitted by law, to furnish such information, suggestions, 
estimates, and statistics directly to the Advisory Committee, upon 
request made by the Chairman.
    (B) The Advisory Committee may enter into contracts for the 
acquisition of information, suggestions, estimates, and statistics for 
the purpose of this section.
    (4) The Advisory Committee is authorized to obtain the services of 
experts and consultants without regard to section 3109 of title 5 and to 
set pay in accordance with such section.
    (5) The head of each Federal agency shall, to the extent not 
prohibited by law, cooperate with the Advisory Committee in carrying out 
this section.
    (6) The Advisory Committee is authorized to utilize, with their 
consent, the services, personnel, information, and facilities of other 
Federal, State, local, and private agencies with or without 
reimbursement.

(i) Availability of funds

    In each fiscal year not less than $800,000, shall be available from 
the amount appropriated for each such fiscal year from salaries and 
expenses of the Department for the costs of carrying out the provisions 
of this section.

(j) Special analyses and activities

    The Advisory Committee shall--
        (1) monitor and evaluate the modernization of student financial 
    aid systems and delivery processes, including the implementation of 
    a performance-based organization within the Department, and report 
    to Congress regarding such modernization on not less than an annual 
    basis, including recommendations for improvement;
        (2) assess the adequacy of current methods for disseminating 
    information about programs under this subchapter and part C of 
    subchapter I of chapter 34 of title 42 and recommend improvements, 
    as appropriate, regarding early needs assessment and information for 
    first-year secondary school students;
        (3) assess and make recommendations concerning the feasibility 
    and degree of use of appropriate technology in the application for, 
    and delivery and management of, financial assistance under this 
    subchapter and part C of subchapter I of chapter 34 of title 42, as 
    well as policies that promote use of such technology to reduce cost 
    and enhance service and program integrity, including electronic 
    application and reapplication, just-in-time delivery of funds, 
    reporting of disbursements and reconciliation;
        (4) assess the implications of distance education on student 
    eligibility and other requirements for financial assistance under 
    this subchapter and part C of subchapter I of chapter 34 of title 
    42, and make recommendations that will enhance access to 
    postsecondary education through distance education while maintaining 
    access, through on-campus instruction at eligible institutions, and 
    program integrity; and
        (5) make recommendations to the Secretary regarding redundant or 
    outdated provisions of and regulations under this chapter, 
    consistent with the Secretary's requirements under section 1099c-2 
    of this title.

(k) Term of Committee

    Notwithstanding the sunset and charter provisions of the Federal 
Advisory Committee Act or any other statute or regulation, the Advisory 
Committee shall be authorized until October 1, 2004.

(Pub. L. 89-329, title IV, Sec. 491, as added Pub. L. 99-498, title IV, 
Sec. 407(a), Oct. 17, 1986, 100 Stat. 1492; amended Pub. L. 100-50, 
Sec. 15(16)-(18), June 3, 1987, 101 Stat. 357; Pub. L. 102-325, title 
IV, Sec. 496, July 23, 1992, 106 Stat. 631; Pub. L. 103-208, 
Sec. 2(h)(45), (46), Dec. 20, 1993, 107 Stat. 2478; Pub. L. 105-244, 
title IV, Sec. 490C, Oct. 7, 1998, 112 Stat. 1754.)

                       References in Text

    Section 1233g of this title, referred to in subsec. (b), was 
repealed by Pub. L. 103-382, title II, Sec. 212(a)(2), Oct. 20, 1994, 
108 Stat. 3913.
    The provisions of title 5 governing appointments in the competitive 
service, referred to in subsec. (h)(1), are classified to section 3301 
et seq. of Title 5, Government Organization and Employees.
    This chapter, referred to in subsecs. (h)(2) and (j)(5), was in the 
original ``the Act'', meaning Pub. L. 89-329, as amended, known as the 
Higher Education Act of 1965. For complete classification of this Act to 
the Code, see Short Title note set out under section 1001 of this title 
and Tables.
    The Federal Advisory Committee Act, referred to in subsec. (k), is 
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out 
in the Appendix to Title 5, Government Organization and Employees.

                          Codification

    July 23, 1992, referred to in subsec. (l)(3), was in the original 
``the date of enactment of this Act'', which was translated as meaning 
the date of enactment of Pub. L. 102-325, which added subsec. (l), to 
reflect the probable intent of Congress.


                            Prior Provisions

    A prior section 1098, Pub. L. 89-329, title IV, Sec. 491, as added 
Pub. L. 96-374, title IV, Sec. 451(a), Oct. 3, 1980, 94 Stat. 1454; 
amended Pub. L. 98-79, Sec. 11, Aug. 15, 1983, 97 Stat. 484, related to 
a National Commission on Student Financial Assistance, prior to the 
general revision of this part by Pub. L. 99-498.


                               Amendments

    1998--Subsec. (b). Pub. L. 105-244, Sec. 490C(1), substituted ``, 
expenditures and staffing levels'' for ``and expenditures'' in second 
sentence and inserted ``Reports, publications, and other documents of 
the Advisory Committee, including such reports, publications, and 
documents in electronic form, shall not be subject to review by the 
Secretary.'' after third sentence.
    Subsec. (e)(3) to (6). Pub. L. 105-244, Sec. 490C(2), added par. (3) 
and redesignated former pars. (3) to (5) as (4) to (6), respectively.
    Subsec. (g). Pub. L. 105-244, Sec. 490C(3), substituted ``Members of 
the Advisory Committee may each'' for
    ``(1) Members of the Advisory Committee who are officers or full-
time employees of the United States shall serve without compensation in 
addition to that received for their services as officers or employees of 
the United States; but they may be allowed travel expenses, including 
per diem in lieu of subsistence, as authorized by section 5703 of title 
5, for persons in the Government service employed intermittently.
    ``(2) Members of the Advisory Committee who are not officers or 
full-time employees of the United States may each''.
    Subsec. (h)(1). Pub. L. 105-244, Sec. 490C(4), inserted 
``determined'' after ``as may be'' and inserted at end ``The Advisory 
Committee may appoint not more than 1 full-time equivalent, 
nonpermanent, consultant without regard to the provisions of title 5. 
The Advisory Committee shall not be required by the Secretary to reduce 
personnel to meet agency personnel reduction goals.''
    Subsec. (i). Pub. L. 105-244, Sec. 490C(5), substituted ``$800,000'' 
for ``$750,000''.
    Subsec. (j). Pub. L. 105-244, Sec. 490C(6), amended heading and text 
of subsec. (j) generally. Prior to amendment, text read as follows: 
``The committee shall--
        ``(1) monitor and evaluate the program modifications resulting 
    from the enactment of the Higher Education Amendments of 1992, 
    especially as such amendments relate to the need analysis;
        ``(2) monitor and evaluate the implementation, pursuant to 
    section 1090 of this title, of a Free Application for Federal 
    Student Aid and the process for determining eligibility and awards 
    for programs under this subchapter and part C of subchapter I of 
    chapter 34 of title 42, including a simplified reapplication 
    process;
        ``(3) assess the adequacy of current methods for disseminating 
    information about programs under this subchapter and part C of 
    subchapter I of chapter 34 of title 42 and recommend improvements, 
    as appropriate, regarding early needs assessment and information for 
    first-year high school students; and
        ``(4) assess the adequacy of methods of monitoring student debt 
    burden.''
    Subsec. (k). Pub. L. 105-244, Sec. 490C(7), substituted ``2004'' for 
``1998''.
    Subsec. (l). Pub. L. 105-244, Sec. 490C(8), struck out heading and 
text of subsec. (l) which directed Advisory Committee to conduct a study 
of means of simplifying all aspects of loan programs under part B of 
this subchapter.
    1993--Subsec. (d)(1). Pub. L. 103-208, Sec. 2(h)(45), struck out 
``sections 1070a-1 through 1070a-5 of this title and'' after 
``established under''.
    Subsec. (h)(1). Pub. L. 103-208, Sec. 2(h)(46), substituted 
``subchapter III'' for ``subtitle III'' before ``of chapter 53 of such 
title''.
    1992--Subsec. (b). Pub. L. 102-325, Sec. 496(a), inserted after 
first sentence ``Notwithstanding Department of Education policies and 
regulations, the Advisory Committee shall exert independent control of 
its budget allocations and expenditures, personnel decisions and 
processes, procurements, and other administrative and management 
functions. The Advisory Committee's administration and management shall 
be subject to the usual and customary Federal audit procedures.''
    Subsec. (d)(3). Pub. L. 102-325, Sec. 496(b)(1), struck out ``and in 
assessing the impact of legislative and administrative policy 
proposals'' after ``student aid''.
    Subsec. (d)(4) to (9). Pub. L. 102-325, Sec. 496(b)(2)-(6), added 
par. (4), redesignated former pars. (4) to (7) as (5) to (8), 
respectively, and added par. (9).
    Subsec. (h)(4). Pub. L. 102-325, Sec. 496(c), substituted ``without 
regard to'' for ``in accordance with'' and inserted before period at end 
``and to set pay in accordance with such section''.
    Subsec. (i). Pub. L. 102-325, Sec. 496(d), substituted ``$750,000'' 
for ``$500,000''.
    Subsecs. (j) to (l). Pub. L. 102-325, Sec. 496(e), added subsecs. 
(j) to (l) and struck out former subsec. (j), which related to special 
institutional lender study.
    1987--Subsec. (b). Pub. L. 100-50, Sec. 15(16), inserted at end 
``The Secretary's authority to terminate advisory committees of the 
Department pursuant to section 1233g(b) of this title ceased to be 
effective on June 23, 1983.''
    Subsec. (i). Pub. L. 100-50, Sec. 15(17), substituted ``In each 
fiscal year not less than $500,000'' for ``An amount, not to exceed 
$500,000 in any fiscal year''.
    Subsec. (j). Pub. L. 100-50, Sec. 15(18), added subsec. (j).


                    Effective Date of 1998 Amendment

    Amendment 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.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-208 effective as if included in the Higher 
Education Amendments of 1992, Pub. L. 102-325, except as otherwise 
provided, see section 5(a) of Pub. L. 103-208, set out as a note under 
section 1051 of this title.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-50 effective as if enacted as part of the 
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of 
Pub. L. 100-50, set out as a note under section 1001 of this title.


         References in Other Laws to GS-16, 17, or 18 Pay Rates

    References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.
