 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER IV--STUDENT ASSISTANCE
 
                        Part G--Program Integrity
 
           subpart 3--eligibility and certification procedures
 
Sec. 1099c-2. Review of regulations


(a) Review required

    The Secretary shall review each regulation issued under this 
subchapter and part C of subchapter I of chapter 34 of title 42 that is 
in effect at the time of the review and applies to the operations or 
activities of any participant in the programs assisted under this 
subchapter and part C of subchapter I of chapter 34 of title 42. The 
review shall include a determination of whether the regulation is 
duplicative, or is no longer necessary. The review may involve one or 
more of the following:
        (1) An assurance of the uniformity of interpretation and 
    application of such regulations.
        (2) The establishment of a process for ensuring that eligibility 
    and compliance issues, such as institutional audit, program review, 
    and recertification, are considered simultaneously.
        (3) A determination of the extent to which unnecessary costs are 
    imposed on institutions of higher education as a consequence of the 
    applicability to the facilities and equipment of such institutions 
    of regulations prescribed for purposes of regulating industrial and 
    commercial enterprises.

(b) Regulatory and statutory relief for small volume institutions

    The Secretary shall review and evaluate ways in which regulations 
under and provisions of this chapter affecting institution of higher 
education (other than institutions described in section 1002(a)(1)(C) of 
this title), that have received in each of the two most recent award 
years prior to October 7, 1998, less than $200,000 in funds through this 
subchapter and part C of subchapter I of chapter 34 of title 42, may be 
improved, streamlined, or eliminated.

(c) Consultation

    In carrying out subsections (a) and (b) of this section, the 
Secretary shall consult with relevant representatives of institutions 
participating in the programs authorized by this subchapter and part C 
of subchapter I of chapter 34 of title 42.

(d) Reports to Congress

                           (1) In general

        The Secretary shall submit, not later than 1 year after October 
    7, 1998, a report to the Committee on Labor and Human Resources of 
    the Senate and the Committee on Education and the Workforce of the 
    House of Representatives detailing the Secretary's findings and 
    recommendations based on the reviews conducted under subsections (a) 
    and (b) of this section, including a timetable for implementation of 
    any recommended changes in regulations and a description of any 
    recommendations for legislative changes.

                       (2) Additional reports

        Not later than January 1, 2003, the Secretary shall submit a 
    report to the Committee on Labor and Human Resources of the Senate 
    and the Committee on Education and the Workforce of the House of 
    Representatives detailing the Secretary's findings and 
    recommendations based on the review conducted under subsection (a) 
    of this section, including a timetable for implementation of any 
    recommended changes in regulations and a description of any 
    recommendations for legislative changes.

(Pub. L. 89-329, title IV, Sec. 498B, as added Pub. L. 105-244, title 
IV, Sec. 495, Oct. 7, 1998, 112 Stat. 1764.)

                       References in Text

    This chapter, referred to in subsec. (b), was in the original ``this 
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.


                             Effective Date

    Section effective Oct. 1, 1998, except as otherwise provided in Pub. 
L. 105-244, see section 3 of Pub. L. 105-244, set out as an Effective 
Date of 1998 Amendment note under section 1001 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1098 of this title.
