Proposed Rule2025-08157
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
May 12, 2025
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.
Full Text
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<title>Federal Register, Volume 90 Issue 90 (Monday, May 12, 2025)</title>
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[Federal Register Volume 90, Number 90 (Monday, May 12, 2025)]
[Proposed Rules]
[Pages 20142-20144]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08157]
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DEPARTMENT OF EDUCATION
34 CFR Chapter VI
[Docket ID ED-2025-OPE-0016]
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.
DATES: We must receive your nominations for negotiators to serve on the
committee on or before June 2, 2025. The dates and times of the
committee meetings are set out in the Schedule for Negotiations in the
SUPPLEMENTARY INFORMATION section.
ADDRESSES: Please email your nominations for negotiators to
<a href="/cdn-cgi/l/email-protection#7c12191b0e191b12131115121d081513120f3c1918521b130a"><span class="__cf_email__" data-cfemail="b4dad1d3c6d1d3dadbd9dddad5c0dddbdac7f4d1d09ad3dbc2">[email protected]</span></a>. If you are unable to email your nomination,
please contact Vanessa Gomez, U.S. Department of Education, Office of
Postsecondary Education, 400 Maryland Avenue SW, 5th Floor, Washington,
DC 20202. Telephone: (202) 987-0378. Email: <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="9ed0fbf9ccfbf9f0f1f3f7f0ffeaf7f1f0eddefbfab0f9f1e8">[email protected]</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://www.ed.gov/laws-and-policy/higher-education-laws-and-policy/higher-education-policy/frequently-asked-questions-negotiated-rulemaking-process-title-iv-regulations">https://www.ed.gov/laws-and-policy/higher-education-laws-and-policy/higher-education-policy/frequently-asked-questions-negotiated-rulemaking-process-title-iv-regulations</a>. For information about the content of this document,
including additional information about the negotiated rulemaking
process, please contact Tamy Abernathy, U.S. Department of Education
(Department), Office of Postsecondary Education, 400 Maryland Avenue
SW, 5th Floor, Washington, DC 20202. Telephone: (202) 245-4595. Email:
<a href="/cdn-cgi/l/email-protection#df91bab88dbab8918f8d9297bab3af9fbabbf1b8b0a9"><span class="__cf_email__" data-cfemail="dd93b8ba8fb8ba938d8f9095b8b1ad9db8b9f3bab2ab">[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 April 4, 2025, we published in the Federal Register 90 FR 14741
an announcement of our intent to establish a negotiated rulemaking
committee addressing topics which may include Public Service Loan
Forgiveness (PSLF), Pay As You Earn (PAYE), Income-Contingent Repayment
(ICR), or other topics that would streamline and improve federal
student financial assistance programs and related regulations. 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 one or more
negotiated rulemaking committees. Those hearings were held on April 29
and May 1, 2025.
You may view written comments submitted in response to the
aforementioned Federal Register document through the Federal
eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. The Department is still
receiving comments through May 8, 2025, and will consider suggested
additional topics for future negotiations. Instructions for finding
comments are available on the site under ``FAQ.'' Enter Docket ID ED-
2025-OPE-0016 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
Loans and Affordability Committee (Committee) to address the following
topics:
1. Refining definitions of a qualifying employer for the purposes
of determining eligibility for the Public Service Loan Forgiveness
program.
2. Revisiting family size, restructuring repayment plan provisions,
including the alternative repayment plan, and certain other provisions
of the July 10, 2023 rule.
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 (20 U.S.C. 1098a) that the individuals
selected must have demonstrated expertise or experience in the relevant
topics proposed for negotiations. 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
[[Page 20143]]
Committee about the logistics and protocols of 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 negotiators who represent these constituencies.
Nominations should include evidence of the nominee's specific knowledge
of the issues listed under the Committee Topics heading earlier in this
document. 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:
<bullet> Civil rights organizations, consumer advocates, and legal
assistance organizations that represent students and/or borrowers.
<bullet> State officials, including State higher education
executive officers, State authorizing agencies and State attorneys
general. Student loan borrowers in repayment.
<bullet> U.S. military service members, veterans, or groups
representing them.
<bullet> Public institutions of higher education, including
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).
<bullet> Private nonprofit institutions of higher education
including 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).
<bullet> Proprietary institutions of higher education.
<bullet> Financial aid administrators at postsecondary
institutions.
<bullet> Organizations representing taxpayers and the public
interest.
<bullet> Federal Family Education Loan Lenders and/or Guaranty
Agencies.
Advisor
The Department also invites nominations for an advisor. The advisor
will not be a member of the committee and will not impact the consensus
vote; however, we will consult with the advisor, who will serve as a
resource to the committee for the purposes of expanding the definition
of qualifying employment under the Public Service Loan Forgiveness
program. We seek an advisor who has the knowledge of Federal
immigration laws and laws that prohibit illegal discrimination and
curtail domestic support of terrorism. We also seek assistance in
defining terms such as, illegal immigration, human smuggling, child
trafficking, and other terms mentioned in the March 7, 2025,
Presidential Executive Order directing the Secretary to revise 34 CFR
685.219, specifically activities that would exclude an agency from
being a qualifying employer. The advisor will be expected to be
available throughout the duration of the Student Loans and
Affordability Committee meetings, specifically when the committee is
discussing issues related to Public Service Loan Forgiveness. The
Department will work with the committee and the advisor to determine
additional dates and times that the advisor must be present before, in-
between, and after committee meetings. The advisor may also offer
recommendations to the committee on regulatory language.
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.
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://www.ed.gov/laws-and-policy/higher-education-laws-and-policy/higher-education-policy/negotiated-rulemaking-for-higher-education-2025-2026">https://www.ed.gov/laws-and-policy/higher-education-laws-and-policy/higher-education-policy/negotiated-rulemaking-for-higher-education-2025-2026</a>. The Department will also provide information about how any
committee vacancies can be filled at the beginning of the first
committee meeting.
Schedule for Negotiations
The Committee will meet in-person at the Department in Washington,
DC for one session on the following dates:
Session 1: June 30-July 2, 2025
Session times will be from 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to
4:00 p.m., with a public comment period from approximately 3:30 p.m. to
4:00 p.m., Eastern time.
The session will be conducted in person and is available for the
public to view via livestream. The Department is willing to add another
session if needed. Registration is requested to observe the in-person
or livestream. Space may be limited. We will post a registration link
on our website at <a href="https://www.ed.gov/laws-and-policy/higher-education-laws-and-policy/higher-education-policy/negotiated-rulemaking-for-higher-education-2025-2026">https://www.ed.gov/laws-and-policy/higher-education-laws-and-policy/higher-education-policy/negotiated-rulemaking-for-higher-education-2025-2026</a> closer to the start of negotiations. Please
note any in-person visitors to the Department must present a Driver's
License (DL) or Identification (ID) that is compliant with the REAL ID
Act; a current military ID; or a valid passport. Those persons not in
possession of a DL/ID that is REAL ID compliant, a current military ID
or a valid passport, will not be allowed to gain entrance into the
Department. The Department will also post recordings and transcripts of
the meetings on the site listed above
At the end of each day (except for the final day of the final
session), the Department will reserve 30 minutes for in-person public
comment at the Department in Washington, DC. We will attempt to
accommodate each speaker's preference, but, if we are unable to do so,
we will select speakers on a first-come, first-served basis, based on
the date and time we received the message. We will limit each
participant to three minutes. We will provide information on how to
request time to speak on our website at <a href="https://www.ed.gov/laws-and-policy/higher-education-laws-and-policy/higher-education-policy/negotiated-rulemaking-for-higher-education-2025-2026">https://www.ed.gov/laws-and-policy/higher-education-laws-and-policy/higher-education-policy/negotiated-rulemaking-for-higher-education-2025-2026</a>. For those who
need a reasonable modification in order to provide a live comment
during the
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negotiations, please see the ``Reasonable Modifications'' section below
for information about how to make such a request.
Individuals who would like to present comments must register by
sending an email message to <a href="/cdn-cgi/l/email-protection#1f717a786d7a78777a7e6d7671785f7a7b31787069"><span class="__cf_email__" data-cfemail="ddb3b8baafb8bab5b8bcafb4b3ba9db8b9f3bab2ab">[email protected]</span></a> no later than noon,
Eastern time, on the business day prior to the committee hearing in
which they would like to speak. The message should include the name of
the presenter and one or more dates and times during which the
individual would be available to speak. The Department will notify
registrants of the date and time slot reserved for them to speak. An
individual may make only one presentation at the committee meetings. If
we receive more registrations than we are able to accommodate, the
Department reserves the right to reject the registration of an entity
or individual that is affiliated with an entity or individual that is
already scheduled to present comments, and to select among registrants
to ensure that a broad range of entities and individuals is allowed to
present. We will accept registrations for any remaining time slots on a
first-come, first-served basis, beginning at 8 a.m., at the
Department's on-site registration table.
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. American Sign Language translation will be provided to all who
attend the negotiations and closed captioning will be provided for the
negotiations.
Reasonable Modifications: The hearings will be accessible to
individuals with disabilities. Information for contacting the
Department to request auxiliary aids or services to provide a live
comment will be included in the registration process for providing a
live comment at the hearing. If you will need an auxiliary aid or
service to provide your comment, please notify the person listed under
FOR FURTHER INFORMATION CONTACT in this document at least two weeks
before the scheduled meeting date.
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.
James P. Bergeron,
Acting Under Secretary.
[FR Doc. 2025-08157 Filed 5-9-25; 8:45 am]
BILLING CODE 4000-01-P
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