https://www.loc.gov/rr/print/res/683_cqrc.html. Generally, pre-enrollment activities are not considered recruitment. (J) Compensation paid for Internet-based recruitment and admission activities that provide information about the institution to prospective students, or permit them to apply for admission on-line. Reason: Several negotiators expressed concern with the current requirement that an institution award aid to a student eligible for a GEAR UP scholarship in a particular order. More about Copyright and other Restrictions. Pub. After referring the Federal Pell Grant overpayment to the Secretary under this section, the institution need make no further efforts to recover the overpayment. ADJUSTMENT OF SUBSIDIZED LOAN USAGE LIMITS. The properties will tell you the path and file name that cannot be found. 31. L. 90575, title II, 201, Oct. 16, 1968, 82 Stat. We believe that it is reasonable to differentiate between situations in which, on the one hand, the student returns to the same program at the same institution within a short period of time (180 days), and, on the other hand, the student either returns to the same program after a longer period of time or transfers into another program (either at the same institution or at another). 1367, provided: Pub. documents in the last year, 816 Section 487(a)(20) of the HEA provides that, as part of its program participation agreement, an institution will not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid. Reason: Many institutions are now offering programs in shorter time periods which may also have overlapping terms and rolling starting dates. In this regard, an institution would be required to submit a letter of credit no later than 30 days after the Department, OIG, or guaranty agency issues a preliminary report that the institution did not return unearned funds in a timely manner for 10 percent or more of the sampled students. Suggested Change: The non-Federal negotiators suggested that we clarify the timeframe that an institution has to return unearned Title IV funds that it is responsible for returning. (1085), Repayment by the Secretary of loans of bankrupt, deceased, or disabled borrowers; treatment of borrowers attending schools that fail to provide a refund, attending closed schools, or falsely certified as eligible to borrow. 7, 1986, 100 Stat. (1998) Higher Education Act of. Reason: We agree that the scope of family members in the current exemption for transfers within a family is too narrowly defined, and also agree that the current restriction that transfers of ownership and control of an institution within a family may only be excluded from the change of ownership regulations when made in connection with the death or retirement of the owner is overly restrictive. House of Representatives. documents in the last year, 521 L. 89329, title I, 101, as added Pub. They suggested that we clarify that an institution has 30 days to issue a check. L. 11044, 1, July 3, 2007, 121 Stat. Treatment of title IV funds when a student withdraws. (B) The second payment period is the period of time in which the student completes the academic year. Under the proposed regulations, the institution would be permitted to credit the student's account to pay for current and allowable charges in accordance with the current cash management regulations. More importantly, this proposed change would provide equity to students in the consideration of a late disbursement, since eligibility would be based upon the student's action in submitting an application (FAFSA) or correction to the Secretary and not on when an institution happens to draw its ISIRs from its electronic mailbox. The Secretary is amending these regulations to reduce administrative burden for program participants, provide benefits to students and borrowers, and to protect the taxpayers' interests. daily Federal Register on FederalRegister.gov will remain an unofficial Instead, we decided to address a number of these issues in a non-regulatory way, such as providing clarifying policy language in the Federal Student Financial Aid Handbook. Journal homepage. 1: Townsend Lange, a staffer for Sen. Dan Coats, R-Ind., distributes name plates on the table in preparation for the L. 117200, 1, Oct. 11, 2022, 136 Stat. (1080), Legal powers and responsibilities. For information see: "CQ Roll Call Photograph Collection". Section 690.75(a) is revised to read as follows: (a) For each payment period, an institution may pay a Federal Pell Grant to an eligible student only after it determines that the student. Consistent with this clarification of legislative intent, the proposed regulations are based on a purposive reading of section 487(a)(20) of the HEA. In addition to the proposed regulations discussed under the section of this document called SIGNIFICANT PROPOSED REGULATIONS, Committee II discussed other issues related to the administration of the Title IV student assistance programs. 2241, provided that: Pub. The authority citation for part 694 continues to read as follows: Authority: (1068d), Authorizations of appropriations. (1059c), Alaska Native and Native Hawaiian-serving institutions. The notice must state that failure to make that repayment, or to make arrangements satisfactory to the holder of the overpayment debt to repay the overpayment, makes the student ineligible for further title IV aid until final resolution of the Federal Pell Grant overpayment. L. 95336, 1, Aug. 4, 1978, 92 Stat. Ask A Librarian service or call the reading room between 8:30 and (4)(i) Except as provided in paragraph (f)(3) of this section, if an institution makes a Federal Perkins loan or FSEOG overpayment for which it is not liable, it shall promptly send a written notice to the student requesting repayment of the overpayment amount. If the institution is liable for an overpayment of any amount, it Start Printed Page 51728must immediately return the amount of the overpayment to the appropriate Title IV student aid account or otherwise return the funds to the Secretary as appropriate. The negotiated rulemaking protocols provide that, unless agreed to otherwise, consensus on all of the amendments in Start Printed Page 51720the proposed regulations must be achieved in order for consensus to be reached on the entire NPRM. Others thought that the payment by the employer of a significant portion of the costs of the training was critical in determining whether the program was a contract training program with the employer rather than simply enrollment of individual employees. (1018), Administrative simplification of student aid delivery. The notice requested nominations of individuals for membership on the committees who represented key stakeholder constituencies that are involved in the student financial assistance programs, with preference given to individuals who are actively involved in administering the Federal student financial assistance programs or whose interests are significantly affected by the regulations. L. 102325, 1(a), July 23, 1992, 106 Stat. Several of the negotiators felt that we should defer to the outside entity to determine when requirements of that entity mean that an institution is required to take attendance. If a student ceased enrollment during that limited period, the institution must use its attendance records to determine the student's withdrawal date. (1077), Federal payments to reduce student interest costs. (1161l), Model emergency response policies, procedures, and practices. Under the provisions of 668.22, an institution may be required to make a late disbursement (post-withdrawal disbursement) to a student who withdraws during a payment period or period of enrollment. Executive Order 12866 and the Presidential Memorandum on Plain Language in Government Writing require each agency to write regulations that are easy to understand. Use of electronic signatures on timesheets in the FWS Program. In such cases, even though the balance of the overpayment now owed is less than $25, the de minimis standard would not apply, and the student would still be responsible for fully repaying that remaining balance. Therefore, the proposed regulations allow payments made to an institution's employees based upon students' successful completion of their educational program, or one academic year for a longer program, not to be a violation of the incentive payment restrictions. Document Drafting Handbook Notwithstanding any other provision of the Higher Education Act of 1965 (20 U.S.C. Finally, the proposed regulation would move the definition of academic year from 668.2, and place the revised definition in a new 668.3. The proposed change that allows a student to be considered for a late disbursement when the Secretary has processed a SAR/ISIR with an official EFC rather than when the institution receives the SAR or ISIR, provides the institution with an easy way to document the student's eligibility since each ISIR record includes the date that the Secretary processed the application and created the SAR/ISIR. 2384, provided that: Pub. About the Federal Register (1) Satisfies the requirements for a public institution under 668.171(c)(1); (2) Is located in a State that has a tuition recovery fund approved by the Secretary and the institution contributes to that fund; or. The only significant addition to the statutory requirements in the current regulations is a provision that exempts from the incentive payment restrictions token gifts of less than $25. (e) supplement efforts by States and institutions by disseminating information to assist students in completing their degrees faster and at lower cost. Current Regulations: Under the provisions of Subpart L of the General Provisions regulations, one of the standards that an institution must satisfy to be financially responsible, as provided in Section 498(c)(6)(A) of the HEA, is that it must have sufficient cash reserves to make required refunds. (1140l), Model demonstration programs to support improved access to postsecondary instructional materials for students with print disabilities. Section 668.151(a)(2) is amended by adding the words it received from an approved test publisher or assessment center after an approved test'. Section 668.4 is revised to read as follows: (a) Payment periods for an eligible program that measures progress in credit hours and has academic terms. The list of safe harbor activities is derived from compensation and payment plans that the majority of the negotiators agreed should be included. When an FSEOG award is matched under the fund specific method, the entire amount of the award would be subject to the provisions of 673.5(f). (a)(1). Section 668.165(a)(3) is revised to read as follows: (3) The institution must send the notice described in paragraph (a)(2) of this section in writing no earlier than 30 days before, and no later than 30 days after, crediting the student's account at the institution. July 14, 1965. (b) By January 1, 2020, the Secretary, in consultation with the Secretary of the Treasury, shall submit to the President, through the Assistant to the President for Domestic Policy and the Assistant to the President for Economic Policy, policy recommendations for reforming the collections process for Federal student loans in default. If this doesn't work, you may need to edit your .htaccess file directly. L. 103208, 1(a), Dec. 20, 1993, 107 Stat. (1161l-1), Preparation for future disasters plan by the Secretary. Notwithstanding section 484 of the Higher Education Act of 1965 (20 U.S.C. documents in the last year, 937 L. 117103, div. Free inquiry is an essential feature of our Nations democracy, and it promotes learning, scientific discovery, and economic prosperity. L. 94482, 1, Oct. 12, 1976, 90 Stat. Register documents. Create a file for use with citation management software, in a, Hempowicz, Christine D. ProQuest LLC, 2010, The purpose of this study was to investigate the transformational leadership characteristics of college and university presidents of private Title III and Title V-eligible institutions. (1087gg), Determination of expected family contribution; data elements. L. 11139, title I, 101(a)(1), July 1, 2009, 123 Stat. RewriteRule ^index.php$ - [L] Increased information disclosure will help ensure that individuals make educational choices suited to their needs, interests, and circumstances. Current Regulations: Section 668.164(g) sets forth the conditions that must be satisfied before an institution may make a late disbursement to an otherwise eligible student (or the student's parent in the case of a PLUS loan) who has become ineligible either because the student is no longer enrolled at the institution or, for FFEL and Direct Loan purposes, is no longer enrolled on at least a half-time basis. (1103a), Assistance to institutions under other programs. The negotiator was concerned that in the absence of the institutional packaging requirement, GEAR UP students might not get the full benefit of their GEAR UP grant. F, title III, 309(g), Dec. 23, 2011, 125 Stat. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available on GPO Access at: http://www.access.gpo.gov/nara/index.html. (b) Definitions. Section 482 of the HEA does not apply to regulations governing programs other than the Federal student aid programs. L. 10226, 1(a), Apr. On the other hand, we believe that Congress did not intend to limit an institution's ability to contract with outside entities for recruitment, admissions, enrollment, or financial aid services if the outside entity adheres to the same limitations that apply to institutions. The purpose of the Higher Education Act was to strengthen the educational resources of our colleges and universities and to provide financial assistance to Current Regulations: The definition of an academic year appears in 668.2. However, additional leaves of absence may be granted under exceptions provided in 668.22(d)(2). Notwithstanding any other provision of the, for the 20192020 award year, not later than. (1087ff), Collection of defaulted loans: Perkins Loan Revolving Fund. Purpose. [Pub. 507, provided that: [Pub. Such payments can be limited to all, or substantially all of the full-time employees at one or more organizational level at the institution, except that an organizational level may not consist predominantly of recruiters, admissions staff, or financial aid staff. for better understanding how a document is structured but 5:00 at 202-707-6394, and Press 3. 10. Ferrell, Scott J, photographer. The Secretary certifies that these proposed regulations would not have a significant economic impact on a substantial number of small entities. 1070a(c)(5)] any semester (or the equivalent) that the student does not complete due to a qualifying emergency if the Secretary is able to administer such policy in a manner that limits complexity and the burden on the student. F, title III, 309(c)(3), Pub. Citing Primary Sources. Document page views are updated periodically throughout the day and are cumulative counts for this document. (1) Except as provided under paragraph (e)(1) of this section, an institution that can satisfy the reserve standard only under paragraph (a)(3) of this section, must submit an irrevocable letter of credit acceptable and payable to the Secretary if a finding in an audit or review shows that the institution exceeded the compliance thresholds in paragraph (c) of this section (i.e., the institution did not return unearned funds for 5% or more of its students) for either of its two most recently completed fiscal years. L. 97301, 1, Oct. 13, 1982, 96 Stat. These security roles have taken on increased importance and are now considered an essential student service for the protection of students and their property. The item An act to amend the Higher education act of 1965 to include the Trust Territory of the Pacific Islands in the definition of the term "State" for the purpose of participation in programs authorized by that act represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Indiana State Library. 30, 2010, 124 Stat. (1015c), In-State tuition rates for members of the Armed Forces on active duty, spouses, and dependent children. For purposes of this definition, facility maintenance, cleaning, purchasing, and public relations are never considered student services. Federal Register. RewriteCond %{REQUEST_FILENAME} !-d Absent a determination by an outside entity that the institution is required to take attendance, the institution would be considered to be one that is not required to take attendance. It is important to note that for all programs the de minimis $25 amount must not be the result of a remaining balance. On an exception basis, and with the approval of the Secretary, an institution may make a late disbursement after the applicable 120-day period, if the reason the late disbursement was not made was not the fault of the student. (1066c), HBCU Capital Financing Advisory Board. The proposed regulations would clarify that the excluded transfer would be only to persons that have held an ownership interest and a management role at the institution for at least two years. This varies by browser, if you do not see a box on your page with a red X try right clicking on the page, then select View Page Info, and goto the Media Tab. L. 116136, set out above, by substituting identifies, for each such foreign institution and subpars. A number of proprietary institutions have also expressed the concern that our current definition and guidance result in students being denied valuable on-the-job experience in their chosen fields of study. Selecting an institution and course of study are important decisions for prospective students and significantly affect long-term earnings. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. documents in the last year, 16 For all three programs, the regulations provide that the student is liable for any overpayment made to the student regardless of the amount. They maintained that institutions are in the best position to determine the financial aid package that will best meet the student's needs. (1074), Limitations on individual federally insured loans and on Federal loan insurance. These proposed regulations would affect institutions of higher education, lenders, and guaranty agencies that participate in Title IV, HEA programs, and individual students and loan borrowers. Higher Education Act of 1965. A bill must be passed by both the House and Senate in identical form and then be signed by the President to become law. , 1998. (ii) For an award under the Federal Pell Grant, FSEOG, and Federal Perkins Loan programs, the student is no longer enrolled at the institution for the award year. Finally, work in the admissions or recruitment area of an institution would continue to be prohibited, as this employment is considered to involve soliciting potential students to enroll at the institution. Note: Citations are based on reference standards. For the Perkins program, the institution is responsible for attempting to collect any overpayment and cannot refer the overpayment to the Secretary. L. 11274 substituted section 1091(d) for section 1091(d)(3). L. 108409, 1, Oct. 30, 2004, 118 Stat. L. 105244, title I, 102(a)(6)(A), Oct. 7, 1998, 112 Stat. Payments shall not be made to any student who was not eligible for work study or was not completing the work obligation necessary to receive work study funds under such part prior to the occurrence of the qualifying emergency. 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