§ 1099c-1. Program review and data
(a)
General authority
In order to strengthen the administrative capability and financial responsibility provisions of this subchapter and part
C of subchapter
I of chapter
34 of title
42, the Secretary—
(1)
shall provide for the conduct of program reviews on a systematic basis designed to include all institutions of higher education participating in programs authorized by this subchapter and part
C of subchapter
I of chapter
34 of title
42;
(2)
shall give priority for program review to institutions of higher education that are—
(A)
institutions with a cohort default rate for loans under part B of this subchapter in excess of 25 percent or which places such institutions in the highest 25 percent of such institutions;
(B)
institutions with a default rate in dollar volume for loans under part B of this subchapter which places the institutions in the highest 25 percent of such institutions;
(C)
institutions with a significant fluctuation in Federal Stafford Loan volume, Federal Direct Stafford/Ford Loan volume, or Federal Pell Grant award volume, or any combination thereof, in the year for which the determination is made, compared to the year prior to such year, that are not accounted for by changes in the Federal Stafford Loan program, the Federal Direct Stafford/Ford Loan program, or the Pell Grant program, or any combination thereof;
(b)
Special administrative rules
In carrying out paragraphs (1) and (2) of subsection (a) of this section and any other relevant provisions of this subchapter and part
C of subchapter
I of chapter
34 of title
42, the Secretary shall—
(1)
establish guidelines designed to ensure uniformity 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 subchapter and part
C of subchapter
I of chapter
34 of title
42 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;
(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
1099c of this title, or section
1082 of this title;
(6)
provide to an institution of higher education an adequate opportunity to review and respond to any program review report and relevant materials related to the report before any final program review report is issued;
(7)
review and take into consideration an institution of higher education’s response in any final program review report or audit determination, and include in the report or determination—
(8)
maintain and preserve at all times the confidentiality of any program review report until the requirements of paragraphs (6) and (7) are met, and until a final program review is issued, other than to the extent required to comply with paragraph (5), except that the Secretary shall promptly disclose any and all program review reports to the institution of higher education under review.
(c)
Data collection rules
The Secretary shall develop and carry out a plan for the data collection responsibilities described in paragraph (3) of subsection (a) of this section. The Secretary shall make the information obtained under such paragraph (3) readily available to all institutions of higher education, guaranty agencies, States, and other organizations participating in the programs authorized by this subchapter and part
C of subchapter
I of chapter
34 of title
42.