Proposed Rule2021-16953
Negotiated Rulemaking Committee; Negotiator Nominations and Schedule of Committee Meetings
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 10, 2021
Issuing agencies
Education Department
Abstract
We announce our intention to establish one negotiated rulemaking committee to prepare proposed regulations for the Federal Student Aid programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA). The committee will include representatives of organizations or groups with interests that are significantly affected by the subject matter of the proposed regulations. We request nominations for individual negotiators who represent key stakeholder constituencies for the issues to be negotiated to serve on the committee. We also announce the creation of a subcommittee, and request nominations for individuals with pertinent expertise to participate on the subcommittee. The Department has set a schedule for committee meetings.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 151 (Tuesday, August 10, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Proposed Rules]
[Pages 43609-43613]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16953]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Chapter VI
[Docket ID ED-2021-OPE-0077]
Negotiated Rulemaking Committee; Negotiator Nominations and
Schedule of Committee Meetings
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Intent to establish rulemaking committee.
-----------------------------------------------------------------------
SUMMARY: We announce our intention to establish one negotiated
rulemaking committee to prepare proposed regulations for the Federal
Student Aid programs authorized under title IV of the Higher Education
Act of 1965, as amended (HEA). The committee will include
representatives of organizations or groups with interests that are
significantly affected by the subject matter of the proposed
regulations. We request nominations for individual negotiators who
represent key stakeholder constituencies for the issues to be
negotiated to serve on the committee. We also announce the creation of
a subcommittee, and request nominations for individuals with pertinent
expertise to participate on the subcommittee. The Department has set a
schedule for committee meetings.
DATES: We must receive your nominations for negotiators to serve on the
committee on or before August 31, 2021. The dates and times of the
committee and subcommittee meetings are set out in the Schedule for
Negotiations section in the
[[Page 43610]]
SUPPLEMENTARY INFORMATION section. All meetings will be virtual.
ADDRESSES: Please email your nominations for negotiators to
<a href="/cdn-cgi/l/email-protection#28464d4f5a4d4f4647454146495c4147465b684d4c064f475e"><span class="__cf_email__" data-cfemail="553b30322730323b3a383c3b34213c3a3b261530317b323a23">[email protected]</span></a>. If you are unable to email your nomination,
send it to Vanessa Gomez, U.S. Department of Education, 400 Maryland
Ave. SW, Room 2C179, Washington, DC 20202.
FOR FURTHER INFORMATION CONTACT: For information about negotiated
rulemaking, see ``The Negotiated Rulemaking Process for Title IV
Regulations Frequently Asked Questions'' at <a href="https://www2.ed.gov/policy/highered/reg/hearulemaking/hea08/neg-reg-faq.html">https://www2.ed.gov/policy/highered/reg/hearulemaking/hea08/neg-reg-faq.html</a>. For information
about the content of this document, including additional information
about the negotiated rulemaking process or the nomination submission
process, contact: Vanessa Gomez, U.S. Department of Education, 400
Maryland Ave. SW, Room 2C179, Washington, DC 20202. Telephone: (202)
453-6708. Email: <a href="/cdn-cgi/l/email-protection#7f091e111a0c0c1e511810121a053f1a1b51181009"><span class="__cf_email__" data-cfemail="3244535c574141531c555d5f57487257561c555d44">[email protected]</span></a>.
If you use a telecommunications device for the deaf (TDD) or text
phone (TTY), call the Federal Relay Service (FRS), toll free, at 1-800-
877-8339.
SUPPLEMENTARY INFORMATION:
Background
On May 26, 2021, we published an announcement of our intent to
establish negotiated rulemaking committees under section 492 of the HEA
to develop proposed regulations related to a number of higher education
practices and issues in the Federal Register (86 FR 28299) (Negotiated
Rulemaking Committee Notice). The Department suggested the following
topics for the negotiated rulemaking process:
(1) Change of ownership and change in control of institutions of
higher education under 34 CFR 600.31;
(2) Certification procedures for participation in title IV, HEA
programs under 34 CFR 668.13;
(3) Standards of administrative capability under 34 CFR 668.16;
(4) Ability to benefit under 34 CFR 668.156;
(5) Borrower defense to repayment under 34 CFR 682.410, 682.411,
685.206, and 685.222;
(6) Discharges for borrowers with a total and permanent disability
under 34 CFR 674.61, 682.402(c), and 685.213;
(7) Closed school discharges under 34 CFR 685.214 and 682.402(d);
(8) Discharges for false certification of student eligibility under
34 CFR 685.215 and 682.402(e);
(9) Loan repayment plans under 34 CFR 682.209, 682.215, 685.208,
and 685.209;
(10) The Public Service Loan Forgiveness program under 34 CFR
685.219;
(11) Mandatory pre-dispute arbitration and prohibition of class
action lawsuits provisions in institutions' enrollment agreements
(formerly under 34 CFR 685.300) and associated counseling about such
arrangements under 34 CFR 685.304;
(12) Financial responsibility for participating institutions of
higher education under 34 CFR subpart L, such as events that indicate
heightened financial risk;
(13) Gainful employment (formerly located in 34 CFR subpart Q); and
(14) Pell Grant eligibility for prison education programs under 34
CFR part 690.
We also announced three public hearings at which interested parties
could comment on the topics suggested by the Department and suggest
additional topics for consideration for action by the negotiated
rulemaking committees. Those hearings took place virtually on June 21,
June 23, and June 24, 2021. We invited parties to comment and submit
topics for consideration in writing as well. Recordings and transcripts
from the public hearings are available at: <a href="https://www2.ed.gov/policy/highered/reg/hearulemaking/2021/index.html">https://www2.ed.gov/policy/highered/reg/hearulemaking/2021/index.html</a>.
Written comments submitted in response to the Negotiated Rulemaking
Committee Notice may be viewed through the Federal eRulemaking Portal
at <a href="http://www.regulations.gov">www.regulations.gov</a>. Instructions for finding comments are available
on the site under ``FAQ''. Individuals can enter docket ID ED-2021-OPE-
0077 in the search box to locate the appropriate docket.
Committee Topics
After considering the information received at the public hearings
and the written comments, we have decided to establish the
Affordability and Student Loans Committee to address the following
topics:
(1) Borrower defense to repayment under 34 CFR 682.410, 682.411,
685.206, and 685.222;
(2) Closed school discharges under 34 CFR 685.214 and 682.402(d);
(3) Discharges for borrowers with a total and permanent disability
under 34 CFR 674.61, 682.402(c), and 685.213;
(4) Discharges for false certification of student eligibility under
34 CFR 685.215 and 682.402(e);
(5) Loan repayment plans under 34 CFR 682.209, 682.215, 685.208,
and 685.209;
(6) Interest capitalization on Federal student loans under 34 CFR
682.202, 685.202, 685.209, and 685.220;
(7) Mandatory pre-dispute arbitration and prohibition of class
action lawsuits provisions in institutions' enrollment agreements
(formerly under 34 CFR 685.300) and associated counseling about such
arrangements under 34 CFR 685.304;
(8) Pell Grant eligibility for prison education programs under 34
CFR part 690; and
(9) The Public Service Loan Forgiveness program under 34 CFR
685.219.
As a part of the negotiated rulemaking process, we are forming a
Prison Education Program Subcommittee to expand the range of expertise
and constituencies represented on this topic. The committee will
consider the subcommittee's recommendations in its consideration of
proposed regulations to implement Pell Grant eligibility for
incarcerated individuals, authorized by the Consolidated Appropriations
Act of 2021. Currently, students incarcerated in a State or Federal
penal institution are prohibited from receiving Pell Grants. Sections
702 and 703 of the Consolidated Appropriations Act of 2021 amended
sections 401 and 484 of the HEA to remove this prohibition; however,
the amendments require that an incarcerated student enroll in a
qualifying prison education program to qualify for a Pell Grant. The
Department intends to develop regulations to implement those changes.
This subcommittee will address these issues and make
recommendations to the committee. The subcommittee is not authorized to
make decisions for the Affordability and Student Loans Committee. The
subcommittee may be comprised of some members of the committee
(negotiators), as well as individuals who are not committee members but
who have expertise that will be helpful in developing proposed
regulations. Therefore, in addition to asking for nominations for
individual negotiators who represent key stakeholder constituencies for
issues to be negotiated to serve on the committee (see Constituencies
for Negotiator Nominations), we seek nominations for individuals with
specific types of experience to serve on the subcommittee. Before
conclusion of the negotiations, the subcommittee will present its
recommendations for regulatory changes to the committee for its
consideration.
Seven of the 14 topics listed in the Negotiated Rulemaking
Committee Notice are not on the list of topics to be considered by the
Affordability and
[[Page 43611]]
Student Loans Committee. These remaining topics and other topics
suggested in the public hearings and written comments provided to the
Department may be considered by a separate rulemaking committee(s)
formed at a later date, which we would announce in a separate Federal
Register notice.
We intend to select negotiators for the Affordability and Student
Loans Committee who represent the interests of those significantly
affected by the topics proposed for negotiation. In so doing, we will
comply with the requirement in section 492(b)(1) of the HEA that the
individuals selected must have demonstrated expertise or experience in
the relevant topics proposed for negotiations. We will also select
individual negotiators who reflect the diversity among program
participants, in accordance with section 492(b)(1) of the HEA. Our goal
is to establish a committee and subcommittee that will allow
significantly affected parties to be represented while keeping the
committee size manageable.
We generally select a primary and alternate negotiator for each
constituency represented on a committee. The primary negotiator
participates for the purpose of determining consensus. The alternate
participates for the purpose of determining consensus in the absence of
the primary negotiator. The Department will provide more detailed
information to both primary and alternate negotiators selected to
participate on the committee about the logistics and protocols of the
meetings. The subcommittee will only have a primary member. We will not
select alternates for the subcommittee.
Individuals who are not members of the committee will be able to
observe the committee meetings, will have access to individuals
representing their constituencies, and may be able to participate in
informal working groups on various issues between the meetings.
Constituencies for Negotiator Nominations
We have identified the following constituencies as having interests
that are significantly affected by the topics proposed for negotiation.
We plan to include as negotiators individuals from organizations or
groups representing these constituencies and/or individuals who are a
part of the constituency. We particularly encourage organizations
representing the interests of historically underserved and/or low-
income communities to submit their nominations. Nominations must
include evidence of the nominee's specific knowledge in these areas,
citing specific topics outlined in the Committee Topics section.
Constituencies for the Affordability and Student Loans Committee are:
(1) Dependent students--these are undergraduate students who are
typically traditionally-aged college students. A student is a dependent
student if they were required to enter both their and their parents'
information on their most recent FAFSA submission.
(2) Independent students--these are often older or nontraditional
students, such as students over the age of 24. Students who are
married, have children or other dependents, or who were unaccompanied
and homeless or at risk of being homeless are independent students.
Independent students can be pursuing undergraduate or graduate studies.
A student is an independent student if they were not required to enter
their parents' information on their most recent FAFSA submission.
Note: Students who were formerly incarcerated and participated in
postsecondary education while in prison are included in the independent
and dependent student categories regardless of whether they received
Federal student aid, and we encourage nominations for individuals with
those experiences. For both student spots, we also encourage
individuals or organizations representing low-income students to apply.
(3) Student loan borrowers. This includes but is not limited to:
Student loan borrowers who are currently repaying their student loans,
student loan borrowers who defaulted or are currently in default,
student loan borrowers who were in forbearance or are currently in the
administrative (automatic) forbearance due to COVID-19, and student
loan borrowers who prior to the administrative forbearance were
delinquent (late) on their student loans payments.
(4) Legal assistance organizations that represent students and/or
borrowers.
(5) U.S. military service members, veterans, or groups representing
them.
(6) State attorneys general.
(7) State higher education executive officers, State authorizing
agencies, and/or State regulators of institutions of higher education
and/or loan servicers.
(8) Individuals with disabilities or groups representing them.
(9) Financial aid administrators at postsecondary institutions.
(10) Two-year public institutions of higher education.
(11) Four-year public institutions of higher education.
(12) Private nonprofit institutions of higher education.
(13) Proprietary institutions.
(14) Minority-serving institutions--institutions of higher
education eligible to receive Federal assistance under title III, parts
A, B, and F, and title V of the HEA, which include Historically Black
Colleges and Universities, Hispanic-Serving Institutions, American
Indian Tribally Controlled Colleges and Universities, Alaska Native and
Native Hawaiian-Serving Institutions, Predominantly Black Institutions,
Native American-Serving Nontribal Institutions, and Asian American and
Native American Pacific Islander-Serving Institutions.
(15) Federal Family Education Loan (FFEL) lenders and/or guaranty
agencies.
(16) Accrediting agencies.
The goal of the committee is to develop proposed regulations that
reflect a final consensus of the committee. Consensus means that there
is no dissent by any member of a negotiating committee, including the
committee member representing the Department.
An individual selected as a negotiator is expected to represent the
interests of their organization or group and to participate in the
negotiations in a manner consistent with the goal of developing
proposed regulations on which the committee will reach consensus. If
consensus is reached, all members of the organization or group
represented by a negotiator are bound by the consensus and are
prohibited from commenting negatively on the resulting proposed
regulations. The Department will not consider any such negative
comments on the proposed regulations that are submitted by a member of
such an organization.
We are interested in nominations for members of the Prison
Education Program Subcommittee from individuals who represent the
following groups:
(1) Consumer advocacy organizations.
(2) Financial aid administrators.
(3) Formerly incarcerated students.
(4) Groups that represent incarcerated students.
(5) Postsecondary institutions that are prison education program
providers.
(6) State correctional education directors.
(7) State higher education executive officers.
We encourage representatives from postsecondary institutions that
are currently participating in the Department's Second Chance Pell
Experiment to submit nominations. For more information on the Second
Chance
[[Page 43612]]
Pell experiment please visit: <a href="https://experimentalsites.ed.gov/exp/approved.html">https://experimentalsites.ed.gov/exp/approved.html</a>.
Advisors
The Department also invites nominations for two advisors. These
advisors will not be members of the committee and will not impact the
consensus vote; however, we will consult with the advisors, who will
serve as a resource. We seek an advisor representing qualifying
employers on the topic of Public Service Loan Forgiveness. The term
``public service job'' for purposes of the Public Service Loan
Forgiveness program is defined in section 455(m)(3)(B) of the HEA as
including jobs in: Emergency management, government (excluding time
served as a member of Congress), military service, public safety, law
enforcement, public health (including nurses, nurse practitioners,
nurses in a clinical setting, and full-time professionals engaged in
health care practitioner occupations and health care support
occupations, as such terms are defined by the Bureau of Labor
Statistics), public education, social work in a public child or family
service agency, public interest law services (including prosecution or
public defense or legal advocacy on behalf of low-income communities at
a nonprofit organization), early childhood education (including
licensed or regulated childcare, Head Start, and State funded
prekindergarten), public service for individuals with disabilities,
public service for the elderly, public library sciences, school-based
library sciences and other school-based services, or at an organization
that is described in section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from taxation under section 501(a) of such Code, or
teaching as a full-time faculty member at a Tribal College or
University as defined in section 316(b) of the HEA and other faculty
teaching in high-needs subject areas or areas of shortage (including
nurse faculty, foreign language faculty, and part-time faculty at
community colleges), as determined by the Secretary.
Additionally, we seek an advisor with expertise in economic and/or
higher education policy analysis and higher education data to support
the committee in evaluating and understanding its options.
The advisors will be expected to be available throughout the
duration of the Affordability and Student Loans Committee (excluding
the Prison Education Program subcommittee) meetings, in the event that
issues related to Public Service Loan Forgiveness arise. The Department
will work with the committee and the advisors to determine more
specific dates and times that the advisors must be present for the
committee meetings. The advisors may be asked to provide information on
their experience as an employer in a public service job and as an
economist and/or higher education researcher, respectively. For
example, the employer advisor should be prepared to relay how they
assist employees with the Employment Certification Form or how the
full-time employment requirement for the Public Service Loan
Forgiveness Program impacts part-time employees. The economic and/or
higher education research advisor should be prepared to examine data
related to student loan repayment, including income-driven repayment
plans. The advisors may also offer recommendations to the committee on
regulatory language.
Nominations
We strongly suggest that nominations for both the committee and
subcommittee include the information described in this section. The
Department anticipates increased interest due to the number of topics,
and nominations lacking that information may be more difficult for the
Department to evaluate. We also suggest that nominees exclude any
supplementary information that is not requested in this section.
(1) The exact name of the constituency or constituencies the
nominee is being nominated for (see Constituencies for Negotiator
Nominations);
(2) The name of the nominee;
(3) The nominee's place of employment or institution at which they
are or were enrolled and, if different, the organization the nominee
represents;
(4) A resume or evidence of the nominee's expertise and experience
in the topics proposed for negotiations; and
(5) The nominee's contact information, including the nominee's
email address, telephone number, and physical mailing address or post
office box.
Please see the ADDRESSES section for submission information. If the
nomination is submitted by the recommended email method to
<a href="/cdn-cgi/l/email-protection#1c72797b6e797b72737175727d687573726f5c7978327b736a"><span class="__cf_email__" data-cfemail="f29c97958097959c9d9f9b9c93869b9d9c81b29796dc959d84">[email protected]</span></a>, the submitter will receive an email
confirmation of receipt. The Department will provide additional
information to those we select to serve as negotiators. Once complete,
a list of negotiators will be posted here: <a href="http://www2.ed.gov/policy/highered/reg/hearulemaking/2021/index.html">www2.ed.gov/policy/highered/reg/hearulemaking/2021/index.html</a>. If a constituency does not have a
qualifying nominee, the Department will also provide information at
that site about how any vacancies can be filled at the beginning of the
October 4, 2021 committee meeting.
Schedule for Negotiations
The Affordability and Student Loans Committee will meet for three
sessions on the following dates:
Session 1: October 4-8, 2021
Session 2: November 1-5, 2021
Session 3: December 6-10, 2021
Times for the committee meetings will be published here: <a href="https://www2.ed.gov/policy/highered/reg/hearulemaking/2021/index.html">https://www2.ed.gov/policy/highered/reg/hearulemaking/2021/index.html</a>.
The Prison Education Program Subcommittee will meet for two
sessions in October and November. The sessions will be three days each.
We will announce the dates and times of the subcommittee meetings as
soon as possible here: <a href="https://www2.ed.gov/policy/highered/reg/hearulemaking/2021/index.html">https://www2.ed.gov/policy/highered/reg/hearulemaking/2021/index.html</a>.
All negotiated rulemaking committee meetings will be conducted
virtually and available for the public to view. Individuals who wish to
observe the committee meetings will be required to register for each
day they would like to observe. We will post registration links closer
to the start of negotiations on our website at: <a href="http://www2.ed.gov/policy/highered/reg/hearulemaking/2021/index.html">www2.ed.gov/policy/highered/reg/hearulemaking/2021/index.html</a>. The Department will also
post recordings and transcripts of the meetings on that site.
At the end of each day, the Department will reserve 30 minutes for
public comment. We will provide information on how to request time to
speak on our website at <a href="http://www2.ed.gov/policy/highered/reg/hearulemaking/2021/index.html">www2.ed.gov/policy/highered/reg/hearulemaking/2021/index.html</a>.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document and a copy of the application package in an
accessible format. The Department will provide the requestor with an
accessible format that may include Rich Text Format (RTF) or text
format (txt), a thumb drive, an MP3 file, braille, large print,
audiotape, or compact disc, or other accessible format.
Electronic Access to this Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. At this site you can view this
document, as well as all other
[[Page 43613]]
documents of this Department published in the Federal Register, in text
or Portable Document Format (PDF). To use PDF you must have Adobe
Acrobat Reader, which is available free at the site. You may also
access the documents of the Department published in the Federal
Register by using the article search feature at:
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Program authority: 20 U.S.C. 1098a.
Michelle Asha Cooper,
Acting Assistant Secretary for Postsecondary Education.
[FR Doc. 2021-16953 Filed 8-9-21; 8:45 am]
BILLING CODE 4000-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 10, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.