1 See References in Text note below.
of this title ceased to be effective on
Editorial Notes
References in Text

Section 1233g of this title, referred to in subsec. (span), was repealed by Puspan. L. 103–382, title II, § 212(a)(2), Oct. 20, 1994, 108 Stat. 3913.

The Higher Education Opportunity Act, referred to in subsec. (l)(4)(A), is Puspan. L. 110–315, Aug. 14, 2008, 122 Stat. 3078. Section 1106 of the Act is not classified to the Code. For complete classification of such Act to the Code, see Short Title of 2008 Amendment note set out under section 1001 of this title and Tables.

Prior Provisions

A prior section 1098, Puspan. L. 89–329, title IV, § 491, as added Puspan. L. 96–374, title IV, § 451(a), Oct. 3, 1980, 94 Stat. 1454; amended Puspan. L. 98–79, § 11, Aug. 15, 1983, 97 Stat. 484, related to a National Commission on Student Financial Assistance, prior to the general revision of this part by Puspan. L. 99–498.

Another prior section 491 of Puspan. L. 89–329 amended former section 403 of this title.

Amendments

2022—Subsec. (k). Puspan. L. 117–286 substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act”.

2014—Subsec. (k). Puspan. L. 113–174 substituted “2015” for “2014”.

2009—Subsec. (l)(2)(A). Puspan. L. 111–39 made technical amendment to reference in original act which appears in text as reference to August 14, 2008.

2008—Subsec. (a)(1). Puspan. L. 110–315, § 494C(span), substituted “authorizing committees” for “Congress”.

Subsec. (a)(2)(D) to (F). Puspan. L. 110–315, § 494C(a)(1), added subpars. (D) to (F).

Subsec. (span). Puspan. L. 110–315, § 494C(span), substituted “authorizing committees” for “Congress”.

Subsec. (c). Puspan. L. 110–315, § 494C(a)(2), added subsec. (c) and struck out former subsec. (c) relating to appointment and qualifications of Advisory Committee members.

Subsec. (d)(6). Puspan. L. 110–315, § 494C(a)(3)(A), (span), substituted “authorizing committees” for “Congress” and struck out “, but nothing in this section shall authorize the committee to perform such studies, surveys, or analyses” before semicolon.

Subsec. (d)(9) to (11). Puspan. L. 110–315, § 494C(a)(3)(B)–(D), added pars. (9) and (10) and redesignated former par. (9) as (11).

Subsec. (e)(1). Puspan. L. 110–315, § 494C(a)(4)(A), substituted “4 years” for “3 years” in introductory provision.

Subsec. (e)(2). Puspan. L. 110–315, § 494C(a)(4)(B), substituted “A member of the Advisory Committee serving on August 14, 2008, 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.” for “A member of the Advisory Committee shall, upon request, continue to serve after the expiration of a term until a successor has been appointed. A member of the Advisory Committee may be reappointed to successive terms on the Advisory Committee.”

Subsec. (j)(1). Puspan. L. 110–315, § 494C(a)(5)(A), inserted “and simplifications” after “delivery processes” and struck out “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,” before “including recommendations for improvement”.

Subsec. (j)(4), (5). Puspan. L. 110–315, § 494C(a)(5)(B), added pars. (4) and (5) and struck out former pars. (4) and (5) which read as follows:

“(4) assess the implications of distance education on student eligibility and other requirements for financial assistance under this subchapter, and make recommendations that will enhance access to postsecondary education through distance education while maintaining access, through on-campus instruction at eligible institutions, and program integrity; and

“(5) make recommendations to the Secretary regarding redundant or outdated provisions of and regulations under this chapter, consistent with the Secretary’s requirements under section 1099c–2 of this title.”

Subsec. (k). Puspan. L. 110–315, § 494C(a)(6), substituted “2014” for “2004”.

Subsecs. (l), (m). Puspan. L. 110–315, § 494C(a)(7), added subsecs. (l) and (m).

1998—Subsec. (span). Puspan. L. 105–244, § 490C(1), substituted “, expenditures and staffing levels” for “and expenditures” in second sentence and inserted “Reports, publications, and other documents of the Advisory Committee, including such reports, publications, and documents in electronic form, shall not be subject to review by the Secretary.” after third sentence.

Subsec. (e)(3) to (6). Puspan. L. 105–244, § 490C(2), added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively.

Subsec. (g). Puspan. L. 105–244, § 490C(3), substituted “Members of the Advisory Committee may each” for

“(1) Members of the Advisory Committee who are officers or full-time employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States; but they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, for persons in the Government service employed intermittently.

“(2) Members of the Advisory Committee who are not officers or full-time employees of the United States may each”.

Subsec. (h)(1). Puspan. L. 105–244, § 490C(4), inserted “determined” after “as may be” and inserted at end “The Advisory Committee may appoint not more than 1 full-time equivalent, nonpermanent, consultant without regard to the provisions of title 5. The Advisory Committee shall not be required by the Secretary to reduce personnel to meet agency personnel reduction goals.”

Subsec. (i). Puspan. L. 105–244, § 490C(5), substituted “$800,000” for “$750,000”.

Subsec. (j). Puspan. L. 105–244, § 490C(6), amended heading and text of subsec. (j) generally. Prior to amendment, text read as follows: “The committee shall—

“(1) monitor and evaluate the program modifications resulting from the enactment of the Higher Education Amendments of 1992, especially as such amendments relate to the need analysis;

“(2) monitor and evaluate the implementation, pursuant to section 1090 of this title, of a Free Application for Federal Student Aid and the process for determining eligibility and awards for programs under this subchapter, including a simplified reapplication process;

“(3) assess the adequacy of current methods for disseminating information about programs under this subchapter and recommend improvements, as appropriate, regarding early needs assessment and information for first-year high school students; and

“(4) assess the adequacy of methods of monitoring student debt burden.”

Subsec. (k). Puspan. L. 105–244, § 490C(7), substituted “2004” for “1998”.

Subsec. (l). Puspan. L. 105–244, § 490C(8), struck out heading and text of subsec. (l) which directed Advisory Committee to conduct a study of means of simplifying all aspects of loan programs under part B of this subchapter.

1993—Subsec. (d)(1). Puspan. L. 103–208, § 2(h)(45), struck out “sections 1070a–1 through 1070a–5 of this title and” after “established under”.

Subsec. (h)(1). Puspan. L. 103–208, § 2(h)(46), substituted “subchapter III” for “subtitle III” before “of chapter 53 of such title”.

1992—Subsec. (span). Puspan. L. 102–325, § 496(a), inserted after first sentence “Notwithstanding Department of Education policies and regulations, the Advisory Committee shall exert independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions. The Advisory Committee’s administration and management shall be subject to the usual and customary Federal audit procedures.”

Subsec. (d)(3). Puspan. L. 102–325, § 496(span)(1), struck out “and in assessing the impact of legislative and administrative policy proposals” after “student aid”.

Subsec. (d)(4) to (9). Puspan. L. 102–325, § 496(span)(2)–(6), added par. (4), redesignated former pars. (4) to (7) as (5) to (8), respectively, and added par. (9).

Subsec. (h)(4). Puspan. L. 102–325, § 496(c), substituted “without regard to” for “in accordance with” and inserted before period at end “and to set pay in accordance with such section”.

Subsec. (i). Puspan. L. 102–325, § 496(d), substituted “$750,000” for “$500,000”.

Subsecs. (j) to (l). Puspan. L. 102–325, § 496(e), added subsecs. (j) to (l) and struck out former subsec. (j), which related to special institutional lender study.

1987—Subsec. (span). Puspan. L. 100–50, § 15(16), inserted at end “The Secretary’s authority to terminate advisory committees of the Department pursuant to section 1233g(span) of this title ceased to be effective on June 23, 1983.”

Subsec. (i). Puspan. L. 100–50, § 15(17), substituted “In each fiscal year not less than $500,000” for “An amount, not to exceed $500,000 in any fiscal year”.

Subsec. (j). Puspan. L. 100–50, § 15(18), added subsec. (j).

Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment

Amendment by Puspan. L. 111–39 effective as if enacted on the date of enactment of Puspan. L. 110–315 (Aug. 14, 2008), see section 3 of Puspan. L. 111–39, set out as a note under section 1001 of this title.

Effective Date of 1998 Amendment

Amendment by Puspan. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Puspan. L. 105–244, see section 3 of Puspan. L. 105–244, set out as a note under section 1001 of this title.

Effective Date of 1993 Amendment

Amendment by Puspan. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Puspan. L. 102–325, except as otherwise provided, see section 5(a) of Puspan. L. 103–208, set out as a note under section 1051 of this title.

Effective Date of 1987 Amendment

Amendment by Puspan. L. 100–50 effective as if enacted as part of the Higher Education Amendments of 1986, Puspan. L. 99–498, see section 27 of Puspan. L. 100–50, set out as a note under section 1001 of this title.

References in Other Laws to GS–16, 17, or 18 Pay Rates

References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Puspan. L. 101–509, set out in a note under section 5376 of Title 5.