[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Proposed Rules]
[Pages 57571-57573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22868]


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DEPARTMENT OF EDUCATION

34 CFR Chapter VI

[Docket ID ED-2013-OPE-0124]


Negotiated Rulemaking Committee, Negotiator Nominations and 
Schedule of Committee Meetings--Title IV Federal Student Aid Programs, 
Violence Against Women Act

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Intention to establish negotiated rulemaking committee.

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SUMMARY: We announce our intention to establish a negotiated rulemaking 
committee to prepare proposed regulations to address the changes to the 
campus safety and security reporting requirements in the Jeanne Clery 
Disclosure of Campus Security Policy and Campus Crime Statistics Act 
(Clery Act), made by the Violence Against Women Reauthorization Act of 
2013 (VAWA). 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, and we set a schedule for committee meetings.

DATES: We must receive your nominations for negotiators to serve on the 
committee on or before October 21, 2013. The dates, times, and 
locations of the committee meetings are set out in the Schedule for 
Negotiations section in the SUPPLEMENTARY INFORMATION section.

ADDRESSES: Please send your nominations for negotiators to Wendy 
Macias, U.S. Department of Education, 1990 K Street NW., Room 8017, 
Washington, DC 20006. Telephone: (202) 502-7526 or by email: 
[email protected].

FOR FURTHER INFORMATION CONTACT: For information about the content of 
this notice, including information about the negotiated rulemaking 
process or the nomination submission process, contact: Wendy Macias, 
U.S. Department of Education, 1990 K Street NW., room 8017, Washington, 
DC 20006. Telephone: (202) 502-7526 or by email: [email protected].
    For general information about the negotiated rulemaking process, 
see The Negotiated Rulemaking Process for Title IV Regulations, 
Frequently Asked Questions at http://www2.ed.gov/policy/highered/reg/hearulemaking/hea08/neg-reg-faq.html.
    If you use a telecommunications device for the deaf (TDD) or text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: On May 1, 2012, we published a notice in the 
Federal Register (77 FR 25658) announcing our intent to establish a 
negotiated rulemaking committee under section 492 of the Higher 
Education Act of 1965, as amended (HEA).
    On April 16, 2013, we published a notice in the Federal Register 
(78 FR 2247), which we corrected on April 30, 2013 (78 FR 25235), 
announcing additional topics for consideration for action by the 
negotiated rulemaking committee. The additional topics for 
consideration were cash management of funds provided under the title IV 
Federal Student Aid programs, State authorization for programs offered 
through distance education or correspondence education, State 
authorization for foreign locations of institutions located in a State, 
clock to credit hour conversion, gainful employment, changes to the 
campus safety and security reporting requirements in the Clery Act made 
by the VAWA (Pub. L. 113-4), and the definition of ``adverse credit'' 
for borrowers in the Federal Direct PLUS Loan Program.
    We announced three public hearings at which interested parties 
could comment on the new topics suggested by the Department and suggest 
additional topics for consideration for action by the negotiating 
committee. On May 13, 2013, we announced in the Federal Register (78 FR 
27880) the addition of a fourth hearing. The hearings were held on May 
21, 2013, in Washington, DC; May 23, 2013, in Minneapolis, Minnesota; 
May 30, 2013, in San Francisco, California; and June 4, 2013, in 
Atlanta, Georgia. We also invited parties unable to attend a public 
hearing to submit written comments on the additional topics and to 
submit other topics for consideration. Transcripts from all six public 
hearings are available at http://www2.ed.gov/policy/highered/reg/hearulemaking/2012/index.html. Written comments submitted in response 
to the May 1, 2012, and April 16, 2013, notices may be viewed through 
the Federal eRulemaking Portal at www.regulations.gov. Instructions for 
finding comments are available on the site under ``How to Use 
Regulations.gov'' in the Help section. Individuals can enter docket ID 
ED-2012-OPE-0008 in the search box to locate the appropriate docket.
    On June 12, 2013, while we continued to review the testimony 
offered at the public hearings and the comments submitted through the 
public comment process regarding other proposed rulemaking topics, we 
announced our intention to establish a negotiated rulemaking committee 
to prepare proposed regulations to establish standards for programs 
that prepare students for gainful employment in a recognized occupation 
(78 FR 35179).

[[Page 57572]]

    Regulatory Issues: After considering the information received at 
the regional hearings and the written comments, we have decided to 
establish an additional negotiating committee to prepare proposed 
regulations to address the changes made by the VAWA to the campus 
safety and security reporting requirements in the Clery Act. In 
addition, we may propose additional changes to clarify and update the 
existing campus safety and security reporting requirements. We intend 
to select negotiators for the committee who represent the interests 
significantly affected by the topics proposed for negotiations. In so 
doing, we will follow the requirement in section 492(b)(1) of the HEA 
that the individuals selected must have demonstrated expertise or 
experience in the relevant subjects under negotiation. 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 that will allow significantly affected 
parties to be represented while keeping the committee size manageable.
    The committee may create subgroups on particular topics that may 
involve additional individuals who are not members of the committee. 
Such individuals who are not selected as members of the committee will 
be able to attend the meetings, have access to the individuals 
representing their constituencies, and participate in informal working 
groups on various issues between the meetings. The committee meetings 
will be open to the public.
    While this committee will focus on changes made by the VAWA to the 
campus safety and security reporting requirements in the Clery Act, the 
Department continues to review the valuable testimony offered at the 
public hearings and the comments submitted through the public comment 
process regarding other proposed rulemaking topics. These include cash 
management of funds provided under title IV Federal Student Aid 
programs, regulations designed to prevent fraud, State authorization 
for programs offered through distance education or correspondence 
education, State authorization for foreign locations of institutions 
located in a State, clock to credit hour conversion, the definition of 
``adverse credit'' for borrowers in the Federal Direct PLUS Loan 
Program; and campus-based Federal Student Aid program reforms. We 
anticipate announcing our intention to establish a negotiated 
rulemaking committee to consider some or all of these other proposed 
rulemaking topics in the coming months.
    Constituencies: We have identified the following constituencies as 
having interests that are significantly affected by the topics proposed 
for negotiations. The Department plans to seat as negotiators 
individuals from organizations or groups representing these 
constituencies:
     Students.
    [cir] We are particularly interested in organizations or groups 
representing lesbian, gay, bisexual, and transgendered students; male 
students; female students; minority students; and students with 
disabilities.
     Legal assistance organizations that represent students.
     Consumer advocacy organizations.
    [cir] We are particularly interested in victims' and human rights 
organizations, Title IX advocacy groups, and anti-defamation groups.
     State higher education executive officers.
     State attorneys general and other appropriate State 
officials.
     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, and other institutions 
with a substantial enrollment of needy students as defined in title III 
of the HEA.
     Two-year public institutions of higher education.
     Four-year public institutions of higher education.
     Private, non-profit institutions of higher education.
     Private, for-profit institutions of higher education.
     Institutional campus public safety officials.
     Institutional student affairs/disciplinary divisions.
     Institutional centers for women, lesbian, gay, bisexual, 
and transgendered individuals.
     Institutional attorneys.
     Indian tribal governments.
     Campus safety advocates.
    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 the negotiating committee, including the 
committee member representing the Department. An individual selected as 
a negotiator will be expected to represent the interests of his or her 
organization or group and 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 members of such an organization or group.
    Nominations: Nominations should include:
     The name of the nominee, the organization or group the 
nominee represents, and a description of the interests that the nominee 
represents.
     Evidence of the nominee's expertise or experience in the 
subjects to be negotiated.
     Evidence of support from individuals or groups within the 
constituency that the nominee will represent.
     The nominee's commitment that he or she will actively 
participate in good faith in the development of the proposed 
regulations.
     The nominee's contact information, including address, 
phone number, fax number, and email address.
    For a better understanding of the negotiated rulemaking process, 
nominees should review The Negotiated Rulemaking Process for Title IV 
Regulations, Frequently Asked Questions at http://www.ed.gov/policy/highered/reg/hearulemaking/hea08/neg-reg-faq.html prior to committing 
to serve as a negotiator.
    Nominees will be notified whether or not they have been selected as 
negotiators as soon as the Department's review process is completed.
    Schedule for Negotiations: The VAWA Committee will meet for three 
sessions on the following dates:

    Session 1: January 13-14, 2014
    Session 2: February 24-25, 2014
    Session 3: March 31-April 1, 2014
    Sessions will run from 9 a.m. to 5 p.m.

    The meetings for the committee will be held at the U.S. Department 
of Education at: 1990 K Street NW. Eighth Floor Conference Center, 
Washington, DC 20006
    The meetings are open to the public.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the program contact person

[[Page 57573]]

listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.gpo.gov/fdsys. At this site you can view this document, as well 
as all other documents of the Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF). To use PDF 
you must have Adobe Acrobat Reader, which is available free at the 
site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. 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.

    Dated: September 13, 2013.
Lynn B. Mahaffie,
Acting Deputy Assistant Secretary for Policy, Planning, and Innovation, 
delegated the authority to perform the functions and duties of the 
Assistant Secretary for Postsecondary Education.
[FR Doc. 2013-22868 Filed 9-18-13; 8:45 am]
BILLING CODE 4000-01-P