20 U.S.C. § 1099c–2 — Review of regulations
submitted 28 years ago by Pub. L. 89-329 to r/title-20-EDUCATION · 245 words · no verdicts yet
This section requires the Secretary to review regulations under this subchapter that affect program participants. The review considers whether regulations are duplicative or unnecessary and how rules affect small-volume institutions.
(a) Review required. The Secretary* must review every regulation under this subchapter that is in effect when the review occurs and applies to a participant’s operations or activities. The review must decide whether the regulation duplicates another rule or is no longer needed. It may include one or more of these matters:
(1) assuring that the regulations are interpreted and applied uniformly;
(2) creating a process to consider eligibility and compliance issues at the same time, including institutional audits, program reviews, and recertification; and
(3) deciding how much unnecessary cost is imposed on institutions because regulations written to regulate industrial and commercial businesses also apply to their facilities and equipment.
(b) Regulatory and statutory relief for small volume institutions. The Secretary must review and evaluate ways to improve, simplify, or eliminate regulations and statutory provisions affecting institutions of higher education, other than institutions described in section 1002(a)(1)(C), that received less than $200,000 through this subchapter in each of the two most recent award years before October 7, 1998.
(c) Consultation. In carrying out subsections (a) and (b), the Secretary must consult relevant representatives of institutions participating in programs under this subchapter.
The Secretary* shall review each regulation issued under this subchapter 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. 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:
An assurance of the uniformity of interpretation and application of such regulations.
The establishment of a process for ensuring that eligibility and compliance issues, such as institutional audit, program review, and recertification, are considered simultaneously.
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.
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, may be improved, streamlined, or eliminated.
In carrying out subsections (a) and (b), the Secretary shall consult with relevant representatives of institutions participating in the programs authorized by this subchapter.
Source credit: (Pub. L. 89–329, title IV, § 498B, as added Pub. L. 105–244, title IV, § 495, Oct. 7, 1998, 112 Stat. 1764; amended Pub. L. 110–315, title IV, § 498, Aug. 14, 2008, 122 Stat. 3328.)
- 1998Enacted · Pub. L. 89-329 · 112 Stat. 1764
- 2008Amended · Pub. L. 110-315 · 122 Stat. 3328
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-329 on 1998-10-07.
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