Announcement of Intent to Establish Negotiated Rulemaking Committee, Hold Public Hearings, and Seek Comments on Regulatory Topics

Publication Date
March 24, 2023
Posted Date
March 27, 2023
Subject
Announcement of Intent to Establish Negotiated Rulemaking Committee, Hold Public Hearings, and Seek Comments on Regulatory Topics
FR Type
Notice

In this notice, the Department announces our intention to establish one or more negotiated rulemaking committee(s), which may include a subcommittee, 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 also announce three public hearings at which interested parties may comment on the topics suggested by the Department and may suggest additional topics that we should consider for action by the negotiating committee. In addition, we announce that the Department will accept written comments on the topics suggested by the Department and suggestions for additional topics that we should consider for action by the negotiating committee.

The topics for regulation may include:

  1. The Federal TRIO programs, including improvements to programmatic eligibility and operations under 34 CFR parts 642 through 647;

  2. The Secretary's recognition of accrediting agencies in 34 CFR part 602 and related parts;

  3. Institutional eligibility under 34 CFR 600.2, including State authorization as a component of such eligibility under 34 CFR 600.9;

  4. Return of Title IV Funds, to address requirements for participating institutions to return unearned Title IV funds in a manner that protects students and taxpayers while easing administrative burden for institutions of higher education under 34 CFR 668.22;

  5. Cash management, to address timely student access to disbursements of Title IV, HEA Federal student financial assistance and provisions related to credit balances, escheatment, or loss of such funds under 34 CFR part 668, subpart K;

  6. Third-party servicers and related issues, such as reporting, financial responsibility, compliance, and past performance requirements as a component of institutional eligibility for participation in the Title IV, HEA Federal student financial assistance programs under 34 CFR 668.25 and 682.416; and

  7. The definition of “distance education” under 34 CFR 600.2 as it pertains to clock hour programs and reporting for students who enroll primarily online.

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