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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules
SUPPLEMENTARY INFORMATION section. All meetings will be virtual.
ADDRESSES: Please email your nominations for negotiators to negregnominations@ed.gov. If you are unable to email your nomination, send it to Vanessa Gomez, U.S. Department of Education, 400 Maryland Ave. SW, Room 2C179, Washington, DC 20202.
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 or the nomination submission process, contact: Vanessa Gomez, U.S.
Department of Education, 400 Maryland Ave. SW, Room 2C179, Washington, DC
20202. Telephone: 202 4536708.
Email: vanessa.gomez@ed.gov.
If you use a telecommunications device for the deaf TDD or text phone TTY, call the Federal Relay Service FRS, toll free, at 18008778339.
SUPPLEMENTARY INFORMATION:

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Background On May 26, 2021, we published an announcement of our intent to establish negotiated rulemaking committees under section 492 of the HEA to develop proposed regulations related to a number of higher education practices and issues in the Federal Register 86
FR 28299 Negotiated Rulemaking Committee Notice. The Department suggested the following topics for the negotiated rulemaking process:
1 Change of ownership and change in control of institutions of higher education under 34 CFR 600.31;
2 Certification procedures for participation in title IV, HEA programs under 34 CFR 668.13;
3 Standards of administrative capability under 34 CFR 668.16;
4 Ability to benefit under 34 CFR
668.156;
5 Borrower defense to repayment under 34 CFR 682.410, 682.411, 685.206, and 685.222;
6 Discharges for borrowers with a total and permanent disability under 34
CFR 674.61, 682.402c, and 685.213;
7 Closed school discharges under 34
CFR 685.214 and 682.402d;
8 Discharges for false certification of student eligibility under 34 CFR 685.215
and 682.402e;
9 Loan repayment plans under 34
CFR 682.209, 682.215, 685.208, and 685.209;

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10 The Public Service Loan Forgiveness program under 34 CFR
685.219;
11 Mandatory pre-dispute arbitration and prohibition of class action lawsuits provisions in institutions enrollment agreements formerly under 34 CFR 685.300 and associated counseling about such arrangements under 34 CFR 685.304;
12 Financial responsibility for participating institutions of higher education under 34 CFR subpart L, such as events that indicate heightened financial risk;
13 Gainful employment formerly located in 34 CFR subpart Q; and 14 Pell Grant eligibility for prison education programs under 34 CFR part 690.
We also announced three public hearings at which interested parties could comment on the topics suggested by the Department and suggest additional topics for consideration for action by the negotiated rulemaking committees. Those hearings took place virtually on June 21, June 23, and June 24, 2021. We invited parties to comment and submit topics for consideration in writing as well. Recordings and transcripts from the public hearings are available at: https www2.ed.gov/
policy/highered/reg/hearulemaking/
2021/index.html.
Written comments submitted in response to the Negotiated Rulemaking Committee Notice may be viewed through the Federal eRulemaking Portal at www.regulations.gov. Instructions for finding comments are available on the site under FAQ. Individuals can enter docket ID ED2021OPE0077 in the search box to locate the appropriate docket.
Committee Topics After considering the information received at the public hearings and the written comments, we have decided to establish the Affordability and Student Loans Committee to address the following topics:
1 Borrower defense to repayment under 34 CFR 682.410, 682.411, 685.206, and 685.222;
2 Closed school discharges under 34
CFR 685.214 and 682.402d;
3 Discharges for borrowers with a total and permanent disability under 34
CFR 674.61, 682.402c, and 685.213;
4 Discharges for false certification of student eligibility under 34 CFR 685.215
and 682.402e;
5 Loan repayment plans under 34
CFR 682.209, 682.215, 685.208, and 685.209;

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6 Interest capitalization on Federal student loans under 34 CFR 682.202, 685.202, 685.209, and 685.220;
7 Mandatory pre-dispute arbitration and prohibition of class action lawsuits provisions in institutions enrollment agreements formerly under 34 CFR
685.300 and associated counseling about such arrangements under 34 CFR
685.304;
8 Pell Grant eligibility for prison education programs under 34 CFR part 690; and 9 The Public Service Loan Forgiveness program under 34 CFR
685.219.
As a part of the negotiated rulemaking process, we are forming a Prison Education Program Subcommittee to expand the range of expertise and constituencies represented on this topic.
The committee will consider the subcommittees recommendations in its consideration of proposed regulations to implement Pell Grant eligibility for incarcerated individuals, authorized by the Consolidated Appropriations Act of 2021. Currently, students incarcerated in a State or Federal penal institution are prohibited from receiving Pell Grants. Sections 702 and 703 of the Consolidated Appropriations Act of 2021 amended sections 401 and 484 of the HEA to remove this prohibition;
however, the amendments require that an incarcerated student enroll in a qualifying prison education program to qualify for a Pell Grant. The Department intends to develop regulations to implement those changes.
This subcommittee will address these issues and make recommendations to the committee. The subcommittee is not authorized to make decisions for the Affordability and Student Loans Committee. The subcommittee may be comprised of some members of the committee negotiators, as well as individuals who are not committee members but who have expertise that will be helpful in developing proposed regulations. Therefore, in addition to asking for nominations for individual negotiators who represent key stakeholder constituencies for issues to be negotiated to serve on the committee see Constituencies for Negotiator Nominations, we seek nominations for individuals with specific types of experience to serve on the subcommittee. Before conclusion of the negotiations, the subcommittee will present its recommendations for regulatory changes to the committee for its consideration.
Seven of the 14 topics listed in the Negotiated Rulemaking Committee Notice are not on the list of topics to be considered by the Affordability and
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