Proposed Rule2023-18853
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 31, 2023
Issuing agencies
Education Department
Abstract
We announce our intention to establish a 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. The Department has also set a schedule for committee meetings.
Full Text
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<title>Federal Register, Volume 88 Issue 168 (Thursday, August 31, 2023)</title>
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[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Proposed Rules]
[Pages 60163-60164]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18853]
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DEPARTMENT OF EDUCATION
34 CFR Chapter VI
[Docket ID ED-2023-OPE-0123]
Negotiated Rulemaking Committee; Negotiator Nominations and
Schedule of Committee Meetings
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Intent to establish rulemaking committee.
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SUMMARY: We announce our intention to establish a 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. The Department has also set a schedule for committee
meetings.
DATES: We must receive your nominations for negotiators to serve on the
committee on or before September 14, 2023. The dates and times of the
committee meetings are set out in the Schedule for Negotiations section
in the SUPPLEMENTARY INFORMATION section. All meetings will be virtual.
ADDRESSES: Please email your nominations for negotiators to
<a href="/cdn-cgi/l/email-protection#f698939184939198999b9f9897829f999885b69392d8919980"><span class="__cf_email__" data-cfemail="bdd3d8dacfd8dad3d2d0d4d3dcc9d4d2d3cefdd8d993dad2cb">[email protected]</span></a>. If you are unable to email your nomination,
please contact Jean-Didier Gaina. Telephone: (202) 987-1333. Email:
<a href="/cdn-cgi/l/email-protection#81cbe4e0efacc5e8e5e8e4f3afc6e0e8efe0c1e4e5afe6eef7"><span class="__cf_email__" data-cfemail="afe5cacec182ebc6cbc6cadd81e8cec6c1ceefcacb81c8c0d9">[email protected]</span></a>.
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, please contact
Jean-Didier Gaina. Telephone: (202) 987-1333. Email: <a href="/cdn-cgi/l/email-protection#a3e9c6c2cd8ee7cac7cac6d18de4c2cacdc2e3c6c78dc4ccd5"><span class="__cf_email__" data-cfemail="18527d7976355c717c717d6a365f79717679587d7c367f776e">[email protected]</span></a>, for information on the nomination submission
process, Email: <a href="/cdn-cgi/l/email-protection#ef818a889d8a8881808286818e9b8680819caf8a8bc1888099"><span class="__cf_email__" data-cfemail="0d63686a7f686a63626064636c796462637e4d6869236a627b">[email protected]</span></a>.
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Background
On July 6, 2023, we published in the Federal Register (88 FR 43069)
an announcement of our intent to establish a negotiated rulemaking
committee under section 492 of the HEA to develop proposed regulations
related to section 432(a) of the HEA, which relate to the modification,
waiver, release, or compromise of Federal student loans by the
Department. We also announced a public hearing at which interested
parties could comment on the topics for negotiation suggested by the
Department and suggest additional topics for consideration for action
by the negotiated rulemaking committee. That hearing took place
virtually on July 18, 2023.
You may view written comments submitted in response to the
aforementioned Federal Register notice 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.'' Enter Docket ID ED-2023-OPE-0123
in the search box to locate the appropriate docket.
Committee Topics
After considering the information received at the public hearing
and the written comments, we have decided to establish the Student Loan
Relief Committee (Committee) to address the topics of the authorities
granted to the Secretary in the HEA, including the provisions related
to the modification, waiver, release, or compromise of Federal student
loans in section 432(a) of the HEA. Depending on the outcome of the
discussions during negotiated rulemaking and the details of the
proposed regulations, different sections in 34 CFR parts 30, 682, and
685 may be revised through the final regulations.
We intend to select negotiators for the 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 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 that will
allow significantly affected parties to be represented while keeping
the 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.
Members of the public may observe the Committee meetings, will have
access to individuals representing their constituencies, and may be
able to participate in informal working groups on issues between the
meetings. Members of the public will have 30 minutes at the end of each
day to provide comments.
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 negotiators who represent these constituencies. We
particularly encourage individuals or organizations representing the
interests of historically underserved or low-income communities to
nominate themselves. Nominations should include evidence of the
nominee's specific knowledge of the modification, waiver, release, or
compromise of Federal student loans. The Department strongly encourages
nominees to list all constituencies under which they would like to be
considered. The Department reserves the discretion to place a nominee
in a constituency based upon their background and experience even if
the individual was not nominated for that specific category.
Constituencies for the Committee are:
(1) Student loan borrowers who attended programs of two years or
less.
(2) Student loan borrowers who attended four-year programs.
(3) Student loan borrowers who attended graduate programs.
(4) Currently enrolled postsecondary education students.
(5) U.S. military service members, veterans, or groups representing
them.
(6) Civil rights organizations.
(7) Legal assistance organizations that represent students or
borrowers.
(8) State officials, including State higher education executive
officers, State authorizing agencies, and State regulators of
institutions of higher education.
(9) State attorneys general.
(10) Public institutions of higher education, including two-year
and four-year institutions.
(11) Private nonprofit institutions of higher education.
(12) Proprietary institutions.
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(13) Historically Black Colleges and Universities, Tribal Colleges
and Universities, and Minority-serving institutions (institutions of
higher education eligible to receive Federal assistance under title
III, parts A and F, and title V of the HEA).
(14) Federal Family Education Loan (FFEL) lenders, servicers, or
guaranty agencies.
The Department is particularly interested in ensuring the primary
and alternate negotiators who represent the different borrower and
student constituencies reflect a variety of experiences with student
loans and postsecondary education, including attending different types
of institutions, for different types of programs borrowing a Parent
PLUS loan to pay for a dependent student's education, borrowing either
Direct or FFEL loans, and receiving a Pell grant. We also seek
negotiators who have borrowed varied amounts and have varied repayment
histories. We encourage nominations that provide the Department with
diverse information about borrowing and repayment experiences.
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.
A negotiator is expected to represent the interests of their
constituency 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.
Nominations
We request that nominations include the information described in
this section.
(1) The name of the nominee;
(2) The name of the constituency (or constituencies) for which the
nominee is being nominated (see Constituencies for Negotiator
Nominations);
(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 email address,
telephone number, and mailing address.
Please see the ADDRESSES section for submission information. We
will confirm receipt of nominations to the submitter. 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="https://www2.ed.gov/policy/highered/reg/hearulemaking/2023/index.html">https://www2.ed.gov/policy/highered/reg/hearulemaking/2023/index.html</a>.
l. The Department will also provide information at that site about
how any committee vacancies can be filled at the beginning of the first
committee meeting.
Schedule for Negotiations
The Committee will meet for three sessions on the following dates:
Session 1: October 10-11, 2023.
Session 2: November 6-7, 2023.
Session 3: December 11-12, 2023.
Session times will be from 10 a.m. to 12 p.m. and 1 to 4 p.m., with
a public comment period from approximately 3:30 to 4 p.m., Eastern
time.
All sessions 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 session 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/2023/index.html">www2.ed.gov/policy/highered/reg/hearulemaking/2023/index.html</a>. The Department will also post recordings
and transcripts of the meetings on that site.
At the end of each day (except for the final day of the final
session), 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/2023/index.html">www2.ed.gov/policy/highered/reg/hearulemaking/2023/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 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 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.
Nasser H. Paydar,
Assistant Secretary, Office of Postsecondary Education.
[FR Doc. 2023-18853 Filed 8-30-23; 8:45 am]
BILLING CODE 4000-01-P
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