[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 [www.gpo.gov]
[FR Doc No: 2023-18853]



[[Page 60163]]

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 
[email protected]. If you are unable to email your nomination, 
please contact Jean-Didier Gaina. Telephone: (202) 987-1333. Email: 
[email protected].

FOR FURTHER INFORMATION CONTACT: For information about negotiated 
rulemaking, see ``The Negotiated Rulemaking Process for Title IV 
Regulations--Frequently Asked Questions'' at https://www2.ed.gov/policy/highered/reg/hearulemaking/hea08/neg-reg-faq.html. 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: [email protected], for information on the nomination submission 
process, Email: [email protected].
    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 www.regulations.gov. 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.

[[Page 60164]]

    (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: 
https://www2.ed.gov/policy/highered/reg/hearulemaking/2023/index.html.
    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 www2.ed.gov/policy/highered/reg/hearulemaking/2023/index.html. 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 www2.ed.gov/policy/highered/reg/hearulemaking/2023/index.html.
    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 www.govinfo.gov. 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 
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.

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