U.S. Department of Education 

Negotiated Rulemaking 

Loans—Lender/General Loan 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: 

Representing students: Jonathan S. Sachs, Primary; Adam Briones, Alternate 

(US PIRG, USSA, University of Maryland Student Government Association, 

Greenlining Institute); 

Representing legal assistance organizations that represent students and 

borrowers: Deanne Loonin, Primary; Lauren Saunders, Alternate (National 

Consumer Law Center); 

Representing public 2-year institutions: George Chin, Primary; (AASCU); 

Representing public 4-year institutions: Carrie Steere-Salazar, Primary; Kris 

Wright, Alternate (Association of American Medical Colleges, National 

Direct Loan Coalition); 

Representing private, nonprofit institutions of higher education: Heather 

McDonnell, Primary; Bonnie Lee Behm, Alternate (National Association of 

Student Financial Aid Administrators, Pennsylvania Association of Student 

Financial Aid Administrators); 

Representing private, for-profit institutions of higher education: Thomas A. 

Babel, Primary; William Leach, Alternate (DeVry University, Career College 

Association); 

Representing guarantee agencies: Mary Mowdy, Primary; Dick George, 

Alternate (Oklahoma State Regents for Higher Education, National Council of 

Higher Education Loan Programs (NCHELP); 

Representing for-profit lenders: Brenda Dillon, Primary; Tom Levandowski, 

Alternate (NCHELP, Consumer Bankers Association) 

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Representing not-for-profit lenders: Cheryl Hughes, Primary; Scott Giles, 

Alternate (NCHELP, EFC); 

Representing credit unions: Michael Kim, Primary; Rhonda Summerbell, 

Alternate (Coalition of the following credit unions: University Federal Credit 

Union, USC Credit Union, UW Credit Union, Navy Federal Credit Union, 

Notre Dame Federal Credit Union); 

Representing lender servicers: Diane Freundel, Primary; Wanda Hall, 

Alternate (Education Finance Council, NCHELP, Student Loan Servicing 

Alliance); and 

Pam Moran, U.S. Department of Education 

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 

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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. 

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. 

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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 press 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. 

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. 

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