Federal Updates

To Neg Reg or not to Neg Reg, that is the question

In last week's edition of Shoptalk Online, TG reported the publication of a Federal Register on August 9 that announced interim final rules for the FFELP and other federal student aid programs. In that Federal Register, ED stated that it would be "unnecessary and impracticable" to conduct negotiated rulemaking (a.k.a. Neg Reg) on those regulations.

A few days later, another Federal Register (available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-13642.pdf) announced the establishment of Neg Reg [which was to be expected for the Academic Competitiveness Grant (ACG) and National Science and Mathematics Access to Retain Talent (SMART) Grant Programs], and stated that ED "anticipates having up to four negotiating committees based on the nature of the topics to be negotiated." These committees likely will include the following:

• One negotiating committee to focus on issues related to the ACG and National SMART Grant programs.
• A second committee to address issues related to the federal student loan programs authorized by Title IV, Parts B, D, and E of the HEA.
• A third committee to address other programmatic, institutional eligibility and general provisions issues. This committee could address issues related to HEA Title IV Parts A (except for ACG and National SMART Grants), C, G, and H (except Subpart 2), as well as HEA Title II, Section 208(b)(2).
• A fourth committee to address accreditation issues (Title IV, Part H, Subpart 2).

So, it looks like there is the possibility of Neg Reg on at least some of the interim regulations released for public comment in the August 9 Federal Register.

Woven into this process will also be the negotiation of modification to the regulations that may be suggested resulting from the final report of the Secretary's Commission on the Future of Higher Education (the report is expected to be released in mid-September). For more information about the Commission, see TG's Legislative Reports (the May 31, June 30, July 26, and August 10 editions).

ED may also elect to negotiate other regulatory issues that ED considers to be needed "to improve program administration and accountability."

Don't miss your chance to provide input to ED!
ED will hold four regional hearings from September through November for interested parties to discuss the agenda for the Neg Reg sessions; ED will also accept written comments. ED will consider information from the hearings during its process of finalizing committee structures and topics to be negotiated.

ED is also calling for nominees to be negotiators. Negotiators represent the various constituencies that will be affected by the regulations. Because the number of negotiators is limited, ED expects negotiators to represent broad-based constituencies to the extent possible.

The negotiations will likely occur in three meetings beginning in December 2006 and ending no later than March 2007. The first meeting typically involves organizational decision making and identification of the scope of the topics to be negotiated. The regulations that result from these Neg Reg sessions will be effective July 1, 2008.

More information
For more information on this Neg Reg notice, click on the link provided above or contact TG customer assistance at (800) 845-6267 or send an e-mail message to cust.assist@tgslc.org.

Back to Top