Pub. L. 110-315, tit. IV, pt. G, sec. 494C
ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE.
SEC. 494C. ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE.(a) Amendments.—Section 491 (20 U.S.C. 1098) is amended—(1) in subsection (a)(2)—(A) in subparagraph (B), by striking “and” after the semicolon;(B) in subparagraph (C), by striking the period and inserting a semicolon; and(C) by adding at the end the following:“(D) to provide knowledge and understanding of early intervention programs, and to make recommendations that will result in early awareness by low- and moderate-income students and families—“(i) of their eligibility for assistance under this title; and“(ii) to the extent practicable, of their eligibility for other forms of State and institutional need-based student assistance;“(E) to make recommendations that will expand and improve partnerships among the Federal Government, States, institutions of higher education, and private entities to increase the awareness and the total amount of need-based student assistance available to low- and moderate-income students; and“(F) to collect information on Federal regulations, and on the impact of Federal regulations on student financial assistance and on the cost of receiving a postsecondary 122 STAT. 3320 education, and to make recommendations to help streamline the regulations for institutions of higher education from all sectors.”;(2) by striking subsection (c) and inserting the following new subsection:“(c) Membership.—(1) The Advisory Committee shall consist of 11 members appointed as follows:“(A) Four members shall be appointed by the President pro tempore of the Senate, of whom two members shall be appointed from recommendations by the Majority Leader of the Senate, and two members shall be appointed from recommendations by the Minority Leader of the Senate.“(B) Four members shall be appointed by the Speaker of the House of Representatives, of whom two members shall be appointed from recommendations by the Majority Leader of the House of Representatives, and two members shall be appointed from recommendations by the Minority Leader of the House of Representatives.“(C) Three members shall be appointed by the Secretary, of whom at least one member shall be a student.“(2) Each member of the Advisory Committee, with the exception of a student member, shall be appointed on the basis of technical qualifications, professional experience, and demonstrated knowledge in the fields of higher education, student financial aid, financing post-secondary education, and the operations and financing of student loan guarantee agencies.“(3) The appointment of a member under subparagraph (A) or (B) of paragraph (1) shall be effective upon publication of such appointment in the Congressional Record.”;(3) in subsection (d)—(A) in paragraph (6), by striking “, but nothing in this section shall authorize the committee to perform such studies, surveys, or analyses”;(B) in paragraph (8), by striking “and” after the semicolon;(C) by redesignating paragraph (9) as paragraph (11); and(D) by inserting after paragraph (8) (as amended by subparagraph (B)) the following:“(9) provide an annual report to the authorizing committees that provides analyses and policy recommendations regarding—“(A) the adequacy of need-based grant aid for low- and moderate-income students; and“(B) the postsecondary enrollment and graduation rates of low- and moderate-income students;“(10) develop and maintain an information clearinghouse to help institutions of higher education understand the regulatory impact of the Federal Government on institutions of higher education from all sectors, in order to raise awareness of institutional legal obligations and provide information to improve compliance with, and to reduce the duplication and inefficiency of, Federal regulations; and”;(4) in subsection (e)—(A) in the matter preceding subparagraph (A) of paragraph (1), by striking “3” and inserting “4”; and(B) in paragraph (2), by striking “A member of the Advisory Committee shall” and all that follows through 122 STAT. 3321 “on the Advisory Committee.” and inserting “A member of the Advisory Committee serving on the date of enactment of the Higher Education Opportunity Act shall be permitted to serve the duration of the member’s term, regardless of whether the member was previously appointed to more than one term.”;(5) in subsection (j)—(A) in paragraph (1)—(i) by inserting “and simplifications” after “delivery processes”; and(ii) by striking “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,”; and(B) by striking paragraphs (4) and (5) and inserting the following:“(4) conduct a review and analysis of regulations in accordance with subsection (l); and“(5) conduct a study in accordance with subsection (m).”;(6) in subsection (k), by striking “2004” and inserting “2014”; and(7) by adding at the end the following:“(l) Review and Analysis of Regulations.—“(1) Recommendations.—The Advisory Committee shall make recommendations to the Secretary and the authorizing committees for consideration of future legislative action regarding redundant or outdated regulations consistent with the Secretary’s requirements under section 498B.“(2) Review and analysis of regulations.—“(A) Review of current regulations.—To meet the requirements of subsection (d)(10), the Advisory Committee shall conduct a review and analysis of the regulations issued by Federal agencies that are in effect at the time of the review and that apply to the operations or activities of institutions of higher education from all sectors. The review and analysis may include a determination of whether the regulation is duplicative, is no longer necessary, is inconsistent with other Federal requirements, or is overly burdensome. In conducting the review, the Advisory Committee shall pay specific attention to evaluating ways in which regulations under this title affecting institutions of higher education (other than institutions described in section 102(a)(1)(C)), that have received in each of the two most recent award years prior to the date of enactment of Higher Education Opportunity Act less than $200,000 in funds through this title, may be improved, streamlined, or eliminated.“(B) Review and collection of future regulations.—The Advisory Committee shall—“(i) monitor all Federal regulations, including notices of proposed rulemaking, for their impact or potential impact on higher education; and“(ii) provide a succinct description of each regulation or proposed regulation that is generally relevant to institutions of higher education from all sectors.122 STAT. 3322“(C) Maintenance of public website.—The Advisory Committee shall develop and maintain an easy to use, searchable, and regularly updated website that—“(i) provides information collected in subparagraph (B);“(ii) provides an area for the experts and members of the public to provide recommendations for ways in which the regulations may be streamlined; and“(iii) publishes the study conducted by the National Research Council of the National Academy of Sciences under section 1106 of the Higher Education Opportunity Act.“(3) Consultation.—“(A) In general.—In carrying out the review, analysis, and development of the website required under paragraph (2), the Advisory Committee shall consult with the Secretary, other Federal agencies, relevant representatives of institutions of higher education, individuals who have expertise and experience with Federal regulations, and the review panels described in subparagraph (B).“(B) Review panels.—The Advisory Committee shall convene not less than two review panels of representatives of the groups involved in higher education, including individuals involved in student financial assistance programs under this title, who have experience and expertise in the regulations issued by the Federal Government that affect all sectors of higher education, in order to review the regulations and to provide recommendations to the Advisory Committee with respect to the review and analysis under paragraph (2). The panels shall be made up of experts in areas such as the operations of the financial assistance programs, the institutional eligibility requirements for the financial assistance programs, regulations not directly related to the operations or the institutional eligibility requirements of the financial assistance programs, and regulations for dissemination of information to students about the financial assistance programs.“(4) Periodic updates to the authorizing committees.—The Advisory Committee shall—“(A) submit, not later than two years after the completion of the negotiated rulemaking process required under section 492 resulting from the amendments to this Act made by the Higher Education Opportunity Act, a report to the authorizing committees and the Secretary detailing the review panels’ findings and recommendations with respect to the review of regulations; and“(B) provide periodic updates to the authorizing committees regarding—“(i) the impact of all Federal regulations on all sectors of higher education; and“(ii) suggestions provided through the website for streamlining or eliminating duplicative regulations.“(5) Additional support.—The Secretary and the Inspector General of the Department shall provide such assistance and resources to the Advisory Committee as the Secretary and Inspector General determine are necessary to conduct the review and analysis required by this subsection.122 STAT. 3323“(m) Study of Innovative Pathways to Baccalaureate Degree Attainment.—“(1) Study required.—The Advisory Committee shall conduct a study of the feasibility of increasing baccalaureate degree attainment rates by reducing the costs and financial barriers to attaining a baccalaureate degree through innovative programs.“(2) Scope of study.—The Advisory Committee shall examine new and existing programs that promote baccalaureate degree attainment through innovative ways, such as dual or concurrent enrollment programs, changes made to the Federal Pell Grant program, simplification of the needs analysis process, compressed or modular scheduling, articulation agreements, and programs that allow two-year institutions of higher education to offer baccalaureate degrees.“(3) Required aspects of the study.—In performing the study described in this subsection, the Advisory Committee shall examine the following aspects of such innovative programs:“(A) The impact of such programs on baccalaureate attainment rates.“(B) The degree to which a student’s total cost of attaining a baccalaureate degree can be reduced by such programs.“(C) The ways in which low- and moderate-income students can be specifically targeted by such programs.“(D) The ways in which nontraditional students can be specifically targeted by such programs.“(E) The cost-effectiveness for the Federal Government, States, and institutions of higher education to implement such programs.“(4) Consultation.—“(A) In general.—In performing the study described in this subsection, the Advisory Committee shall consult with a broad range of interested parties in higher education, including parents, students, appropriate representatives of secondary schools and institutions of higher education, appropriate State administrators, administrators of dual or concurrent enrollment programs, and appropriate Department officials.“(B) Consultation with the authorizing committees.—The Advisory Committee shall consult on a regular basis with the authorizing committees in carrying out the study required by this subsection.“(5) Reports to authorizing committees.—“(A) Interim report.—The Advisory Committee shall prepare and submit to the authorizing committees and the Secretary an interim report, not later than one year after the date of enactment of the Higher Education Opportunity Act, describing the progress made in conducting the study required by this subsection and any preliminary findings on the topics identified under paragraph (2).“(B) Final report.—The Advisory Committee shall, not later than three years after the date of enactment of the Higher Education Opportunity Act, prepare and submit to the authorizing committees and the Secretary a final report on the study, including recommendations 122 STAT. 3324 for legislative, regulatory, and administrative changes based on findings related to the topics identified under paragraph (2).”.(b) Conforming Amendments.—Subsections (a)(1), (b), and (d)(6) of section 491 (20 U.S.C. 1098) are each amended by striking “Congress” and inserting “authorizing committees”.