U.S. Department of Education 

Program Integrity Issues 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 

A. The committee consists of the following members: 

Community of Interest Primary Alternate 

Students Rich Williams 

US PIRG 

Angela Peoples 

USSA 

Consumer Advocacy 

Organizations 

Margaret Reiter 

Attorney 

Deanne Loonin 

National Consumer Law Center 

2-year Public Institutions Richard Heath 

Anne Arundel CC 

Joan Zanders 

Northern Virginia CC 

4-year Public Institutions Phil Asbury 

UNC-Chapel Hill 

Joe Pettibon 

Texas A & M University 

Private, Nonprofit 

Institutions 

Todd Jones 

AICUO 

Maureen Budetti 

NAICU 

Private, For-Profit 

Institutions 

Elaine Neely 

Kaplan Higher Education Corp. 

David Rhodes 

School of Visual Arts 

College Presidents Terry Hartle 

ACE 

Bob Moran 

AASCU 

Admissions Officers David Hawkins 

NACAC 

Amanda Modar 

NACAC 

Business Officers Susan Williams 

Mercy College 

Anne Gross 

NACUBO 

Financial Aid 

Administrators 

Val Meyers 

Michigan State University 

Joan Berkes 

NASFAA 

Regional/Programmatic 

Accreditors 

Barbara Brittingham 

Commission on Institutions of 

Higher Education of the New 

England Association of Schools 

and Colleges 

Sharon Tanner 

National League for Nursing 

Accrediting Commission 

National Accreditors Anthony Mirando 

NACCAS 

Michale McComis 

ACCSC 

Work Force Development Jim Simpson 

Florida State College 

Susan Lehr 

Florida State College 

Lending Community 

Representative 

Carol Lindsey 

Texas Guaranteed Student Loan 

Corporation 

Janet Dodson 

National Student Loan 

Program 

Test Publishers Chris Young 

Wonderlic, Inc. 

Dr. David Waldschmidt 

Wonderlic, Inc. 

U.S. Department of 

Education

Carney McCullough and 

Fred Sellers 

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B. The member will participate for the purpose of determining consensus. The 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. 

C. With approval by a consensus of the committee, individuals, including specialists, 

who are invited by a member, may participate in committee or subcommittee 

meetings as needed and appropriate, but are not members of the committee. 

D. 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. 

E. Subcommittees may be formed by the committee to address specified issues and to 

make recommendations to the committee. Subcommittees are not authorized to make 

decisions for the committee. Subcommittee meetings will be open to any member of 

the committee and may be held between the meetings of the committee. All 

committee members will be notified of all subcommittee meetings. 

F. Upon the initiation by any member and after consultation with the facilitators, the 

Secretary may remove a member he determines is not acting in good faith in 

accordance with paragraph VI B of these protocols. The Secretary will provide an 

explanation in writing to the committee. 

G. The Secretary may remove any member who ceases to be employed by or be 

associated with the community of interests the individual was chosen to represent. 

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 

A. The goal of the committee is to develop proposed regulations that reflect a final 

consensus of the committee. If consensus is reached on the proposed regulations, the 

Department will provide a preamble, consistent with the proposed regulations, to the 

members of the committee for review and comment prior to publication of the 

proposed regulations. The Department is not required to adopt or respond to the 

committee members' comments on the preamble. 

B. 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 and 

the organizations whom they represent will refrain from commenting negatively on 

the consensus-based regulatory language, except as provided in paragraph IV C. 

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C. 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 regarding 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 

A. 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 

may share them with others within their community of interests. After review and 

approval by the committee, this record will be made available to the public. 

B. 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. 

C. A caucus for the purpose of consultation may be requested of the facilitator(s) at any 

time by any member. 

D. 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. 

E. All committee meetings, but not subcommittee meetings or caucuses, are open to the 

public. 

VI. Safeguards for Members 

A. Any member may withdraw from the negotiations at any time without prejudice, by 

notifying the facilitator(s) in writing. 

B. All members and the organizations they represent shall act in good faith in all 

aspects of these negotiations. 

C. Contact with the media, the investment community, and other organizations outside 

the community of interest represented by the member will generally be limited to 

discussion of the overall objectives and progress of the negotiations. Members will 

refrain from characterizing the views, motives, and interests of other members 

during contact with the media, the investment community, and other organizations 

outside the community of interest represented by the member. 

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VII. Meeting Facilitation 

A. 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. 

B. The facilitator(s) will be available to facilitate all meetings of the full committee and, 

to the extent possible, subcommittee meetings and caucuses.