 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER IV--STUDENT ASSISTANCE
 
   Part F--General Provisions Relating to Student Assistance Programs
 
Sec. 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.
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    \1\ So in original. The semicolon probably should be a period.
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                             (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.

(Pub. L. 89-329, title IV, Sec. 492, as added Pub. L. 102-325, title IV, 
Sec. 497, July 23, 1992, 106 Stat. 633; amended Pub. L. 105-244, title 
IV, Sec. 490D, Oct. 7, 1998, 112 Stat. 1755.)

                       References in Text

    The Higher Education Amendments of 1998, referred to in subsecs. 
(a)(2) and (b), is Pub. L. 105-244, Oct. 7, 1998, 112 Stat. 1581. For 
complete classification of this Act to the Code, see Short Title of 1998 
Amendment note set out under section 1001 of this title and Tables.
    The Federal Advisory Committee Act, referred to in subsec. (c), 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.


                               Amendments

    1998--Subsec. (a)(1). Pub. L. 105-244, Sec. 490D(a)(1)(C), 
substituted ``The Secretary shall obtain the advice of and 
recommendations from'' for ``Such meetings shall include''.
    Pub. L. 105-244, Sec. 490D(a)(1)(B), which directed the substitution 
of ``this subchapter and part C of subchapter I of chapter 34 of title 
42;'' for ``parts B, F, and G of this subchapter,'' was executed by 
making the substitution for ``parts B, F, and G of this subchapter.''
    Pub. L. 105-244, Sec. 490D(a)(1)(A), struck out ``convene regional 
meetings to'' before ``obtain public involvement''.
    Subsec. (a)(2). Pub. L. 105-244, Sec. 490D(a)(2)(B)-(D), substituted 
``this subchapter and part C of subchapter I of chapter 34 of title 42'' 
for ``parts B, F, and G of this subchapter'', ``1998 through such 
mechanisms as regional meetings and electronic exchanges of 
information'' for ``1992'', and ``through such mechanisms in'' for ``at 
such meetings in''.
    Pub. L. 105-244, Sec. 490D(a)(2)(A), which directed substitution of 
``The'' for ``During such meetings the'', was executed by making the 
substitution for ``During such meetings, the'' before ``Secretary shall 
provide'', to reflect the probable intent of Congress.
    Subsec. (b). Pub. L. 105-244, Sec. 490D(b), designated existing 
provisions as par. (1), inserted par. (1) heading, substituted 
``obtaining the advice and recommendations described in subsection 
(a)(1) of this section'' for ``holding regional meetings'', ``this 
subchapter and part C of subchapter I of chapter 34 of title 42'' for 
``parts B, F, and G of this subchapter'', ``1998'' for ``1992'', ``360-
day'' for ``240-day'', and ``section 1232(e)'' for ``section 1232(g)'', 
struck out ``The Secretary shall follow the guidance provided in 
sections 305.82-4 and 305.85-5 of chapter 1, Code of Federal 
Regulations, and any successor recommendation, regulation, or law.'' 
after ``rulemaking process.'' and ``participating in the regional 
meetings'' after ``nominated by groups'', and added par. (2).


                    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.
