Page:United States Statutes at Large Volume 112 Part 2.djvu/880

 112 STAT. 1764 PUBLIC LAW 105-244—OCT. 7, 1998 (iii) by amending subparagraph (D) to read as follows: ''(D) institutions reported to have deficiencies or financial aid problems by the State licensing or authorizing agency, or by the appropriate accrediting agencr^ or association;"; (iv) in subparagraph (E), by inserting "and" after the semicolon; and (v) by striking subparagraphs (F) and (G) and inserting the following: "(F) such other institutions that the Secretary determines may pose a significant risk of failure to complv with the administrative capability or financial responsibility provisions of this title; and"; and (B) in paragraph (3)(A), by inserting "relevant" after "all"; and (2) by amending subsection (b) to read as follows: "(b) SPECIAL ADMINISTRATIVE RULES. — In carrying out paragraphs (1) and (2) of subsection (a) and any other relevant provisions of this title, the Secretary shall— "(1) establish guidelines designed to ensure imiformity of practice in the conduct of program reviews of institutions of higher education; "(2) make available to each institution participating in programs authorized under this title complete copies of all review guidelines and procedures used in program reviews; "(3) permit the institution to correct or cure an administrative, accounting, or recordkeeping error if the error is not part of a pattern of error and there is no evidence of fraud or misconduct related to the error; "(4) base any civil penalty assessed against an institution of higher education resulting from a program review or audit on the gravity of the violation, failure, or misrepresentation; and "(5) inform the appropriate State and accrediting agency or association whenever the Secretary takes action against an institution of higher education under this section, section 498, or section 432.". SEC. 49S. REVIEW OF REGULATIONS. Part H of title IV is further amended by adding at the end the following: 20 USC 1099C-2. '^SEC. 498B. REVIEW OF REGULATIONS. "(a) REVIEW REQUIRED.— The Secretary shall review each regulation issued under this title 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 title. 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: "(1) An assurance of the uniformity of interpretation and application of such regulations. "(2) The establishment of a process for ensuring that eligibility and compliance issues, such as institutional audit, program review, and recertification, are considered simultaneously. "(3) A determination of the extent to which unnecessary costs are imposed on institutions of higher education as a

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