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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules
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Student Loans Committee. These remaining topics and other topics suggested in the public hearings and written comments provided to the Department may be considered by a separate rulemaking committees formed at a later date, which we would announce in a separate Federal Register notice.
We intend to select negotiators for the Affordability and Student Loans Committee who represent the interests of those significantly affected by the topics proposed for negotiation. In so doing, we will comply with the requirement in section 492b1 of the HEA that the individuals selected must have demonstrated expertise or experience in the relevant topics proposed for negotiations. We will also select individual negotiators who reflect the diversity among program participants, in accordance with section 492b1 of the HEA. Our goal is to establish a committee and subcommittee that will allow significantly affected parties to be represented while keeping the committee size manageable.
We generally select a primary and alternate negotiator for each constituency represented on a committee. The primary negotiator participates for the purpose of determining consensus. The alternate participates for the purpose of determining consensus in the absence of the primary negotiator. The Department will provide more detailed information to both primary and alternate negotiators selected to participate on the committee about the logistics and protocols of the meetings. The subcommittee will only have a primary member. We will not select alternates for the subcommittee.
Individuals who are not members of the committee will be able to observe the committee meetings, will have access to individuals representing their constituencies, and may be able to participate in informal working groups on various issues between the meetings.
Constituencies for Negotiator Nominations We have identified the following constituencies as having interests that are significantly affected by the topics proposed for negotiation. We plan to include as negotiators individuals from organizations or groups representing these constituencies and/or individuals who are a part of the constituency. We particularly encourage organizations representing the interests of historically underserved and/or low-income communities to submit their nominations. Nominations must include evidence of the nominees specific
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knowledge in these areas, citing specific topics outlined in the Committee Topics section. Constituencies for the Affordability and Student Loans Committee are:
1 Dependent studentsthese are undergraduate students who are typically traditionally-aged college students. A student is a dependent student if they were required to enter both their and their parents information on their most recent FAFSA submission.
2 Independent studentsthese are often older or nontraditional students, such as students over the age of 24.
Students who are married, have children or other dependents, or who were unaccompanied and homeless or at risk of being homeless are independent students. Independent students can be pursuing undergraduate or graduate studies. A student is an independent student if they were not required to enter their parents information on their most recent FAFSA
submission.
Note: Students who were formerly incarcerated and participated in postsecondary education while in prison are included in the independent and dependent student categories regardless of whether they received Federal student aid, and we encourage nominations for individuals with those experiences. For both student spots, we also encourage individuals or organizations representing low-income students to apply.
3 Student loan borrowers. This includes but is not limited to: Student loan borrowers who are currently repaying their student loans, student loan borrowers who defaulted or are currently in default, student loan borrowers who were in forbearance or are currently in the administrative automatic forbearance due to COVID
19, and student loan borrowers who prior to the administrative forbearance were delinquent late on their student loans payments.
4 Legal assistance organizations that represent students and/or borrowers.
5 U.S. military service members, veterans, or groups representing them.
6 State attorneys general.
7 State higher education executive officers, State authorizing agencies, and/
or State regulators of institutions of higher education and/or loan servicers.
8 Individuals with disabilities or groups representing them.
9 Financial aid administrators at postsecondary institutions.
10 Two-year public institutions of higher education.
11 Four-year public institutions of higher education.

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12 Private nonprofit institutions of higher education.
13 Proprietary institutions.
14 Minority-serving institutions institutions of higher education eligible to receive Federal assistance under title III, parts A, B, and F, and title V of the HEA, which include Historically Black Colleges and Universities, HispanicServing Institutions, American Indian Tribally Controlled Colleges and Universities, Alaska Native and Native Hawaiian-Serving Institutions, Predominantly Black Institutions, Native American-Serving Nontribal Institutions, and Asian American and Native American Pacific IslanderServing Institutions.
15 Federal Family Education Loan FFEL lenders and/or guaranty agencies.
16 Accrediting agencies.
The goal of the committee is to develop proposed regulations that reflect a final consensus of the committee. Consensus means that there is no dissent by any member of a negotiating committee, including the committee member representing the Department.
An individual selected as a negotiator is expected to represent the interests of their organization or group and to participate in the negotiations in a manner consistent with the goal of developing proposed regulations on which the committee will reach consensus. If consensus is reached, all members of the organization or group represented by a negotiator are bound by the consensus and are prohibited from commenting negatively on the resulting proposed regulations. The Department will not consider any such negative comments on the proposed regulations that are submitted by a member of such an organization.
We are interested in nominations for members of the Prison Education Program Subcommittee from individuals who represent the following groups:
1 Consumer advocacy organizations.
2 Financial aid administrators.
3 Formerly incarcerated students.
4 Groups that represent incarcerated students.
5 Postsecondary institutions that are prison education program providers.
6 State correctional education directors.
7 State higher education executive officers.
We encourage representatives from postsecondary institutions that are currently participating in the Departments Second Chance Pell Experiment to submit nominations. For more information on the Second Chance
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