Proposed Rule2023-26198
Negotiated Rulemaking Committee; Negotiator Nominations and Schedule of Committee Meetings
Primary source
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Published
November 29, 2023
Issuing agencies
Education Department
Abstract
We announce our intention to establish a negotiated rulemaking committee to prepare proposed regulations for Federal 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 also set a schedule for committee meetings.
Full Text
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<title>Federal Register, Volume 88 Issue 228 (Wednesday, November 29, 2023)</title>
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[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Proposed Rules]
[Pages 83365-83368]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26198]
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DEPARTMENT OF EDUCATION
34 CFR Chapter VI
[Docket ID ED-2023-OPE-0039]
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 Federal 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 also set a schedule for committee
meetings.
[[Page 83366]]
DATES: We must receive your nominations for negotiators to serve on the
committee on or before December 13, 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#046a61637661636a6b696d6a65706d6b6a774461602a636b72"><span class="__cf_email__" data-cfemail="d4bab1b3a6b1b3babbb9bdbab5a0bdbbbaa794b1b0fab3bba2">[email protected]</span></a>. If you are unable to email your nomination,
please contact Aaron Washington. Telephone: (202) 987-0911. Email:
<a href="/cdn-cgi/l/email-protection#badbdbc8d5d494cddbc9d2d3d4ddced5d4fadfde94ddd5cc"><span class="__cf_email__" data-cfemail="b3d2d2c1dcdd9dc4d2c0dbdaddd4c7dcddf3d6d79dd4dcc5">[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 on the nomination submission process, email:
<a href="/cdn-cgi/l/email-protection#4b252e2c392e2c25242622252a3f222425380b2e2f652c243d"><span class="__cf_email__" data-cfemail="adc3c8cadfc8cac3c2c0c4c3ccd9c4c2c3deedc8c983cac2db">[email protected]</span></a>.
For information about the content of this document, including
additional information about the negotiated rulemaking process, please
contact Aaron Washington. Telephone: (202) 987-0911. Email:
<a href="/cdn-cgi/l/email-protection#8beaeaf9e4e5a5fceaf8e3e2e5ecffe4e5cbeeefa5ece4fd"><span class="__cf_email__" data-cfemail="90f1f1e2fffebee7f1e3f8f9fef7e4fffed0f5f4bef7ffe6">[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 March 24, 2023, we published in the Federal Register (88 FR
17777) an announcement of our intent to establish a negotiated
rulemaking committee. We also announced public hearings 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. Those
hearings took place virtually on April 11-13, 2023.
You may view written comments submitted in response to the
aforementioned Federal Register notification 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-0039 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 Program
Integrity and Institutional Quality Committee (Committee) to address
the following topics:
1. The Secretary's recognition of accrediting agencies under 34 CFR
part 602 and related parts;
2. Institutional eligibility under 34 CFR 600.2, including State
authorization as a component of such eligibility under 34 CFR 600.9;
3. The requirements for distance education under 34 CFR 600.2 that
pertain to clock hour programs and reporting for students who enroll
primarily online;
4. Return of title IV funds, to address requirements for
participating institutions to return unearned title IV funds in a
manner that protects students and taxpayers while easing the
administrative burden for institutions of higher education under 34 CFR
668.22;
5. Cash management, to address timely student access to
disbursements of title IV, HEA Federal student financial assistance and
provisions related to credit balances, escheatment, and loss of such
funds under 34 CFR part 668, subpart K; and
6. The eligibility requirements for participants in the Federal
TRIO Programs.
As a part of the negotiated rulemaking process, we are forming a
Federal TRIO Programs 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 relating to changes to participant eligibility requirements
in the Federal TRIO Programs.
The subcommittee will address TRIO participant eligibility and make
recommendations to the Committee. The subcommittee is not authorized to
make decisions for the 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 expertise regarding the Federal TRIO
Programs, particularly the eligibility requirements, 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.
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 encourage negotiators, to the extent they are
able, to demonstrate support from organizations, entities, or
individuals beyond themselves.
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 include primary members. We will
not select alternates for the subcommittee.
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.
At the end of each day of the main committee meetings (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>. We will notify speakers of the time
slot reserved for them and provide information on how to log in to the
hearing as a speaker. An individual may make only one presentation
during the public comment periods. If we receive more registrations
than we can accommodate, we reserve the right to reject the
registration of an entity or individual affiliated with an entity to
present comments to ensure that a broad range of entities and
individuals are able to present.
[[Page 83367]]
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. We also encourage institutions of higher education
that are currently recipients of a Federal TRIO Program grant to submit
nominations under the appropriate constituency on the main committee.
Nominations should include evidence of the nominee's specific
knowledge of the issues listed under the Committee Topics heading
earlier in this notice. The Department strongly encourages nominees to
list all constituencies under which they would like to be considered.
The Department reserves the discretion to have a nominee represent 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) Civil rights organizations and consumer advocates.
(2) Legal assistance organizations.
(3) State officials, including State higher education executive
officers, State authorizing agencies, and State regulators of
institutions of higher education.
(4) State attorneys general.
(5) Students or borrowers, including currently enrolled borrowers,
or groups representing them.
(6) U.S. military service members, veterans, or groups representing
them.
(7) Public four-year institutions of higher education.
(8) Public two-year institutions of higher education.
(9) Private nonprofit institutions of higher education.
(10) 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).
(11) Proprietary institutions of higher education.
(12) Institutional accrediting agencies recognized by the
Secretary.
(13) Programmatic accrediting agencies recognized by the Secretary,
to include State agencies recognized for the approval of nurse
education.
(14) Financial aid administrators.
(15) Business officers from institutions of higher education.
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.
We are also interested in nominations for members of the Federal
TRIO Programs Subcommittee from individuals who represent the following
groups:
(1) Institutions of higher education.
(2) Public or private agencies or organizations, including
community-based organizations with experience in serving disadvantaged
youth.
(3) Secondary schools, including local educational agencies with
secondary schools.
(4) Current or former participants in a Federal TRIO Program.
(5) State officials, including State higher education executive
officers, State authorizing agencies, and State regulators of
institutions of higher education.
We encourage institutions of higher education, public and private
agencies and organizations, and secondary schools that are currently
recipients of a Federal TRIO Program grant to submit nominations.
Nominations
We request that nominations for both the committee and the
subcommittee 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>.
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: January 8-11, 2024.
Session 2: February 5-8, 2024.
Session 3: March 4-7, 2024.
Session times will be from 10 a.m. to 12 p.m. and 1 p.m. to 4 p.m.,
with a public comment period from approximately 3:30 p.m. to 4 p.m.,
Eastern time.
The subcommittee will meet for two sessions on the following dates:
Session 1: January 12, 2024.
Session 2: February 9, 2024.
Session times will be from 10 a.m. to 12 p.m. and 1 p.m. to 3 p.m.,
Eastern time. There will not be a public comment period for the
subcommittee meetings.
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.
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
[[Page 83368]]
<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.
Authority: Program Authority: 20 U.S.C. 1098a.
Nasser H. Paydar,
Assistant Secretary, Office of Postsecondary Education.
[FR Doc. 2023-26198 Filed 11-28-23; 8:45 am]
BILLING CODE 4000-01-P
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