Laws & Guidance HIGHER EDUCATION
1998 Amendments to Higher Education Act of 1965
P.L. 105-244

TITLE IV--STUDENT ASSISTANCE

PART G--GENERAL PROVISIONS

SEC. 490D. MEETINGS AND NEGOTIATED RULEMAKING

(a) MEETINGS- Section 492(a) (20 U.S.C. 1098a) is amended--

(1) in paragraph (1)--

(A) by striking `convene regional meetings to';

(B) by striking `parts B, G, and H of this title,' and inserting `this title;'; and

(C) by striking `Such meetings shall include' and inserting `The Secretary shall obtain the advice of and recommendations from'; and

(2) in paragraph (2)--

(A) by striking `During such meetings the' and inserting `The';

(B) by striking `parts B, G, and H' and inserting `this title';

(C) by striking `1992' and inserting `1998 through such mechanisms as regional meetings and electronic exchanges of information'; and

(D) by striking `at such meetings' and inserting `through such mechanisms'.

(b) DRAFT REGULATIONS- Section 492(b) is amended--

(1) by striking `After' and inserting the following:

`(1) IN GENERAL- After';

(2) in paragraph (1) (as redesignated by paragraph (1))--

(A) by striking `holding regional meetings' and inserting `obtaining the advice and recommendations described in subsection (a)(1)';

(B) by striking `parts B, G, and H of this title' and inserting `this title';

(C) by striking `1992' and inserting `1998';

(D) by striking `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.';

(E) by striking `participating in the regional meetings';

(F) by striking `240-day' and inserting `360-day'; and

(G) by striking `section 431(g)' and inserting `section 437(e)'; and

(3) by adding at the end the following:

`(2) EXPANSION OF NEGOTIATED RULEMAKING- All regulations pertaining to this title that are promulgated after the date of enactment of this paragraph 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, United States Code), 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.'.

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Last Modified: 09/25/2003