Laws & Guidance HIGHER EDUCATION
Negotiated Rulemaking for Higher Education
Archived Information


The Department of Education and representatives of the higher education community are engaged in negotiated rulemaking to implement Title IV of the Higher Education Act of 1965, as amended by the Higher Education Amendments of 1998. Information about the negotiated rulemaking process will be posted periodically on this page.

BACKGROUND: Section 492 of the Higher Education Act, as amended, requires that the Secretary obtain public involvement in the development of proposed regulations for Title IV of that Act and, generally, that all Title IV regulations promulgated after the enactment of the Higher Education Amendments of 1998 be subject to a negotiated rulemaking process. Accordingly, in a Federal Register notice of November 6, 1998[PDF] PDF Icon the Secretary published a request for advice and recommendations on regulatory issues and announced three regional hearings for the purpose of receiving such advice and recommendations. After those hearings were concluded, the Secretary published a Federal Register notice of December 23, 1998 [PDF] PDF Icon to announce his intention to establish four negotiated rulemaking committees to develop proposed regulations.

On January 11, 1999, the representatives of all negotiating committee members met in Washington, DC to adopt a set of protocols for the negotiations and begin to address the issues before them. Negotiating sessions began on January 19. The schedule for negotiations calls for each of the four committees to meet for five sessions, concluding on May 28, 1999. All negotiating sessions beginning in March will be held in at the Department of Education headquarters building at 400 Maryland Ave., S.W., Washington, DC.


Table of Contents

  1. Title IV of the Higher Education Act of 1965, as amended (draft prepared for House Committee on Education and the Workforce)
  2. Higher Education Amendments of 1998
  3. The Department's Information for Financial Aid Professionals page has more information about Title IV of the Higher Education Act of 1965, as amended.
  4. Federal Register notice of November 6, 1998 [PDF] PDF Icon, relating to the Department's efforts to obtain advice and recommendations on regulatory issues
  5. Federal Register notice of December 23, 1998 [PDF]PDF Icon, relating to the establishment of four negotiated rulemaking committees
  6. Information related to the four negotiated rulemaking committees:

    • the protocols that govern the committee's work, including the subject matter to be addressed by the committee
    • the names, addresses, telephone numbers, and e-mail addresses of the Federal negotiator and the principal spokespersons for the other members of the committee
    • summaries of negotiating sessions approved by the committee
  7. The names, addresses, telephone numbers, and e-mail addresses of persons to contact for information on matters relating to negotiated rulemaking generally or to more than one negotiating committee:

    • Barry Stevens
      Office of the General Counsel
      U.S. Department of Education
      400 Maryland Ave., S.W.
      Washington, DC 20202
      Telephone: (202) 260-2741
      E-mail: barry.stevens@ed.gov
    • Documents related to negotiated rulemaking generally or to more than one negotiating committee, including:
    • Committee III will meet for one additional day of negotiations at 10:00 on Tuesday, June 8. The meeting will be held in the auditorium of the Department of Education headquarters building at 400 Maryland Ave. SW, Washington, DC.
    • Regulations. As a result of the negotiated rulemaking process, the final regulations listed below have been published in the Federal Register:

      1. William D. Ford Federal Direct Loan Program, 34 CFR Part 685, published on August 24, 1999 [PDF] PDF Icon. The related proposed rule was developed by Committee I and published on June 16, 1999 [PDF] pdf icon.
      2. The Secretary's Recognition of Accrediting Agencies, 34 CFR Part 602, published on October 20, 1999 [PDF] PDF Icon. The related proposed rule was developed by Committee IV and published on June 25, 1999 [PDF]PDF Icon.
      3. Student Assistance General Provisions, 34 CFR Part 668, published on October 22, 1999 [PDF]PDF Icon. The related proposed rule was developed by Committee III and published on July 16, 1999 [PDF] PDF Icon
      4. William D. Ford Federal Direct Loan Program, 34 CFR Part 685, published on October 27, 1999 [PDF]PDF Icon. The related proposed rule was developed by Committee I and published on June 16, 1999 [PDF]PDF Icon.
      5. Federal Perkins Loan Program, 34 CFR Part 674, published on October 28, 1999 [PDF]PDF Icon. The related proposed rule was developed by Committee II and published on July 29, 1999 [PDF] PDF Icon.
      6. Student Assistance General Provisions; General Provisions for the Federal Perkins Loan Program, Federal Work-Study Program, Federal Supplemental Educational Opportunity Grant Program, and Federal Pell Grant Program; 34 CFR Parts 668, 673, 674, 675, 676, and 690; published on October 28, 1999 [PDF] PDF Icon. The related proposed rule was developed by Committee III and published on August 3, 1999 [PDF]PDF Icon.
      7. Federal Family Education Loan (FFEL) Program, 34 CFR Part 682, published on October 29, 1999 [PDF] PDF Icon. The related proposed rule was developed by Committee I and published on August 3, 1999 [PDF] PDF Icon.
      8. Institutional Eligibility under the Higher Education Act of 1965, as Amended, and Student Assistance General Provisions, 34 CFR Parts 600 and 668, published on October 29, 1999 [PDF]PDF Icon. The related proposed rule was developed by Committee IV and published on July 15, 1999 [PDF]PDF Icon .
      9. Federal Family Education Loan Program and William D. Ford Federal Direct Loan Program, 34 CFR Parts 682 and 685, published on November 1, 1999 [PDF] PDF Icon. The related proposed rule was developed by Committee II and published on August 10, 1999 [PDF]PDF Icon.
      10. Student Assistance General Provisions, Federal Family Education Loan Program, the William D. Ford Federal Direct Loan (Direct Loan) Program; 34 CFR Parts 668, 682, and 685; published on November 1, 1999 [PDF] PDF Icon. The related proposed rule was developed by Committee III and published on August 6, 1999 [PDF]PDF Icon.
      11. Student Assistance General Provisions, 34 CFR Part 668, published on November 1, 1999 [PDF] PDF Icon. The related proposed rule was developed by Committee II and published on July 30, 1999 [PDF]PDF Icon.
      12. Student Assistance General Provisions, 34 CFR Part 668, published on November 1, 1999 [PDF]PDF Icon, 1999. The related proposed rule was developed by Committee IV and published on August 10, 1999 [PDF]PDF Icon.

 
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Last Modified: 08/24/2004