[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Proposed Rules]
[Pages 63478-63480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26626]


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DEPARTMENT OF EDUCATION

34 CFR Chapter VI

[Docket ID ED-2015-OPE-0103]


Negotiated Rulemaking Committee; Negotiator Nominations and 
Schedule of Committee Meetings--Borrower Defenses

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Intent to establish negotiated 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 topics proposed for negotiations. 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 November 19, 2015. 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 8013, 
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 8013, Washington, 
DC 20006. Telephone: (202) 502-7526 or by email: [email protected].
    For information about negotiated rulemaking in general, see The 
Negotiated Rulemaking Process for Title IV Regulations, Frequently 
Asked Questions at 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 August 20, 2015, we published a notice in 
the Federal Register (80 FR 50588) announcing our intent to establish a 
negotiated rulemaking committee under section 492 of the HEA to develop 
proposed regulations for determining which acts or omissions of an 
institution of higher education (``institution'') a borrower may assert 
as a defense to repayment of a loan made under the William D. Ford 
Federal Direct Loan (Federal Direct Loan) Program (``borrower 
defenses'') and the consequences of such borrower defenses for 
borrowers, institutions, and the

[[Page 63479]]

Secretary. We also announced two public hearings at which interested 
parties could comment on the topic suggested by the U.S. Department of 
Education (Department) and suggest additional topics for consideration 
for action by the negotiated rulemaking committee. Those hearings were 
held on September 10, 2015, in Washington, DC, and on September 16, 
2015, in San Francisco, California. We invited parties to comment and 
submit topics for consideration in writing as well. Transcripts from 
the public hearings are available at www2.ed.gov/policy/highered/reg/hearulemaking/2016/index.html. Written comments submitted in response 
to the August 20, 2015 notice 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-2015-OPE-0103 
in the search box to locate the appropriate docket.

Regulatory Issues

    After considering the information received at the regional hearings 
and the written comments, we have decided to establish a negotiating 
committee to address for loans made under the William D. Ford Federal 
Direct Loan (Federal Direct Loan) Program: (1) The procedures to be 
used for a borrower to establish a defense to repayment; (2) the 
criteria that the Department will use to identify acts or omissions of 
an institution that constitute defenses to repayment of Federal Direct 
Loans, including the creation of a Federal standard; (3) the standards 
and procedures that the Department will use to determine the liability 
of the institution for amounts based on borrower defenses; (4) the 
effect of borrower defenses on institutional capability assessments, 
and (5) other loan discharges. In addition, the committee may also 
consider if and how these issues will affect the Federal Family 
Education Loan (FFEL) Program.
    These topics are tentative. Topics may be added or removed as the 
process continues.
    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 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 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 the 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. Either the primary or the alternate may speak during the 
negotiations.
    The committee may create subgroups on particular topics that may 
involve individuals who are not members of the committee. Individuals 
who are not selected as members of the committee will be able to 
observe the committee meetings, will have access to the individuals 
representing their constituencies, and may be able to participate in 
informal working groups on various issues between the meetings.
    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/borrowers.
     Legal assistance organizations that represent students/
borrowers.
     Consumer advocacy organizations.
     Groups representing U.S. military servicemember or veteran 
Federal loan borrowers.
     Financial aid administrators at postsecondary 
institutions.
     State attorneys general and other appropriate State 
officials.
     State higher education executive officers.
     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, nonprofit institutions of higher education.
     Private, for-profit institutions of higher education.
     FFEL Program lenders and loan servicers.
     FFEL Program guaranty agencies and guaranty agency 
servicers (including collection 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 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 
topics proposed for negotiations.
     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, 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 www2.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 committee will meet for three sessions on the following dates:


[[Page 63480]]


Session 1: January 12-14, 2016
Session 2: February 17-19, 2016
Session 3: March 16-18, 2016

    Sessions will run from 9 a.m. to 5 p.m.
    The January and February committee meetings will be held at the 
U.S. Department of Education at: 1990 K Street NW., Eighth Floor 
Conference Center, Washington, DC 20006.
    The March committee meetings will be held at: Union Center Plaza 
(UCP) Learning Center, 830 First Street NE., Lobby Level, Washington, 
DC 20002.
    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) by contacting Wendy Macias, U.S. Department 
of Education, 1990 K Street NW., Room 8013, Washington, DC 20006. 
Telephone: (202) 502-7526 or by email: [email protected].
    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 this 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.
    Delegation of Authority: The Secretary of Education has delegated 
authority to Jamienne S. Studley, Deputy Under Secretary, to perform 
the functions and duties of the Assistant Secretary for Postsecondary 
Education.

    Program Authority: 20 U.S.C. 1098a.

    Dated: October 15, 2015.
Jamienne S. Studley,
Deputy Under Secretary.
[FR Doc. 2015-26626 Filed 10-19-15; 8:45 am]
 BILLING CODE 4000-01-P