2006-07 Negotiated Rulemaking for Higher Education
Loans Team Organizational Protocols

I. Mission Statement

The U.S. Department of Education has established this negotiated rulemaking committee to develop proposed student financial assistance regulations pursuant to Sec. 492 of the Higher Education Act of 1965, as amended (HEA).

II. Participation

  1. The committee consists of the following members:

    Students: Jennifer Pae, United States Students Association, and Luke Swarthout (alternate), State Public Interest Research Groups

    Legal Assistance Organizations: Deanne Loonin and Alys Cohen (alternate) National Consumer Law Center

    Public Two-year Institutions: Darrel Hammon, Laramie Community College, and Kenneth Whitehurst (alternate) North Carolina Community College System

    Public Four-year Institutions: Pamela Fowler, University of Michigan, Patricia McClurg (alternate), University of Wyoming, and Sarah Bauder (alternate), University of Maryland

    Private Four-year Institutions: Elizabeth Hicks, Massachusetts Institute of Technology, and Ellen Frishberg (alternate) Johns Hopkins University

    Proprietary Institutions: Jeff Arthur, ECPI College of Technology, and Robert Collins (alternate), Apollo Group, Inc.

    HEA Titles III and V Institutions: Shari Crittendon, United Negro College Fund, Dr. N. Joyce Payne (alternate), National Association of State Universities and Land Grant Colleges, and Patricia Smith (alternate), American Association of State Colleges and Universities

    Guaranty Agencies: Scott Giles, Vermont Student Assistance Corporation, and Rachael Lohman (alternate), American Education Services/Pennsylvania Higher Education Assistance Agency

    Lenders: Tom Levandowski, Wachovia Corporation, and Lee Woods (alternate), Chase Education Finance

    Secondary Markets: Phil Van Horn, Wyoming Student Loan Corporation, and Robert Zier (alternate), Indiana Secondary Market for Education Loans, Inc.

    Loan Servicers: Robert Sommer, Sallie Mae, and Wanda Hall (alternate) Edfinancial Services

    Guaranty Agency Servicers: Richard George, Great Lakes Higher Education Guaranty Corporation, and Gene Hutchins (alternate) New Jersey Higher Education Assistance Authority

    Direct Loan Program Institutions: Eileen O'Leary, Stonehill College, and Christine McGuire (alternate), Boston University

    Perkins Loan Program Institutions: Alisa Abadinsky, Coalition of Higher Education Assistance Organizations, and Karen Fooks (alternate), University of Florida

    Dan Madzelan, U.S. Department of Education

  2. The member will participate for the purpose of determining consensus. The first alternate will participate for the purpose of determining consensus in the absence of the member. Either the member or an alternate may speak during the negotiations.

  3. With approval by a consensus of the committee, individuals, including specialists, who are invited by a member, may participate in committee meetings as needed and appropriate, but are not members of the committee.

  4. The committee may add members. Requests for membership must be approved by a consensus of the committee under such conditions as the committee establishes at the time. New members may begin to participate immediately upon admission to membership.

III. Decision Making

The committee will operate by consensus, meaning that there must be no dissent by any member in order for the committee to be considered to have reached agreement. Thus, no member can be outvoted. Members should not block or withhold consensus unless they have serious reservations about the approach or solution that is proposed for consensus. Absence will be equivalent to not dissenting. All consensus agreements reached during the negotiations will be assumed to be tentative agreements until members of the committee reach final agreement on regulatory language. Once final consensus is achieved, committee members may not thereafter withdraw their consensus.

IV. Agreement

  1. The goal of the committee is to develop proposed regulations that reflect a final consensus of the committee. The Department will provide the preamble to the proposed regulations for review and comment prior to publication of the proposed regulations.

  2. If the committee reaches a final consensus on all issues, the Department will use this consensus-based language in its proposed regulations, and committee members will refrain from commenting negatively on the consensus-based regulatory language, except as provided in paragraph IV D.

  3. If the committee reaches a final consensus on some but not all issues, the Department will include the consensus-based language in its proposed regulations, and committee members will refrain from commenting negatively on the consensus-based language, except as provided in paragraph IV D.

  4. The Department will not alter the consensus-based language of its proposed regulations unless the Department reopens the negotiated rulemaking process or provides a written explanation to the committee members why it has decided to depart from that language. That written explanation will contain a detailed statement of the reasons for altering the consensus-based language and will be provided to the committee members sufficiently in advance of the publication of the proposed regulations so as to allow them a real opportunity to express their concerns to the Secretary. If the Department alters consensus-based language, it also will identify the changes made subsequent to consensus in the preamble to the proposed regulations, and committee members may comment positively or negatively on those changes and on other parts of the proposed regulations.

V. Committee Meetings

  1. The facilitator(s) will maintain a clear and reliable record of tentative and final agreements reached during the negotiation process, as well as discussions of preamble language. The draft meeting summaries will be provided to members, who will share them with coalition partners. After review and approval by the committee, this record will be made available to the public.

  2. The Department will make every effort to distribute materials to committee members in a timely fashion. To the extent practicable, the Department will provide members with documents for discussion at committee meetings at least seven days in advance of the meetings.

  3. A caucus for the purpose of consultation may be requested of the facilitator(s) at any time by any member.

  4. The facilitator(s) will be responsible for developing an agenda for all meetings of the committee. This agenda will be developed in consultation with the members of the committee.

  5. All committee meetings, but not caucuses, are open to the public.

VI. Safeguards for Members

  1. Any member may withdraw from the negotiations at any time without prejudice, by notifying the facilitator(s) in writing.

  2. All members shall act in good faith in all aspects of these negotiations.

  3. Contact with the press will generally be limited to discussion of the overall objectives and progress of the negotiations.

VII. Meeting Facilitation

  1. The facilitator(s) will serve at the discretion of the committee, and will be responsible for helping to ensure that the process runs smoothly, developing meeting agendas, preparing and distributing a record of agreements, and helping the parties resolve their differences and achieve consensus on the issues to be addressed by the committee.

  2. The facilitator(s) will be available to facilitate all meetings of the full committee and, to the extent possible, caucuses.

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Last Modified: 02/22/2007