U.S. Department of Education, Student Debt Relief Committee Negotiated Rulemaking Summary of Session One – 

October 10-11, 2023

U.S. Department of Education

Student Debt Relief

Negotiated Rulemaking

Meeting Summary

October 10-11, 2023

Welcome

Tamy Abernathy opening and introduction of Under Secretary James Kvaal introduction 

Department of Education Under Secretary of Education James Kvaal thanked the Committee 

members for agreeing to assist the Department in developing the proposed regulations.

Tamy Abernathy introduced as the Federal Negotiator. 

Tamy Abernathy provided the committee with an introduction of herself, an opening statement, 

and introduction of Mr. Ben Miller, Deputy Under Secretary in the Office of the Under Secretary. 

Ben Miller addressed the committee with an opening statement.

Introductions

Commissioner Cynthia Jeffries of FMCS introduced the Department of Education General Counsel

non-voting members: Brian Segal, Lead General Counsel (absent today), Soren Lagaard, who 

addressed the committee and introduced Toby Merrill who gave a brief statement to the 

committee.

The FMCS Team of Commissioners Cynthia Jeffries, John Weathers, and Mike Franczak 

introduced themselves. Commissioner Brady Roberts was absent from the sessions but will be 

joining the team for future meetings.

Committee members introduced themselves by virtue of rollcall. 

Overview of the Negotiated Rulemaking Process

Commissioner Cynthia Jeffries, from the Federal Mediation and Conciliation Service (FMCS), 

explained and reviewed the negotiated rulemaking process, the virtual meeting technology, the 

protocols, consensus, and how to submit questions and information via the FMCS team. 

Review and Adopt Protocols

The Committee approved the organizational protocols as proposed. 
U.S. Department of Education, Student Debt Relief Committee Negotiated Rulemaking Summary of Session One – 

October 10-11, 2023

The Committee approved expanding public comment to sixty (60) minutes beginning with 

November 6-7, 2023 Session dates.

Additional Membership Discussion and action

The Committee approved by consensus the following alternate vacancies to existing constituency 

groups as follows:

State Officials, Including State higher education executive officers, State authorizing agencies, 

and State regulators of institutions of higher education alternate position. 

The alternate nominee was Ms. Amber Gallup, New Mexico Higher Education Department. 

Historical Black Colleges and Universities, Tribal Colleges and Universities, and MinorityServing Institutions (institutions of higher education eligible to receive Federal Assistance 

under title III, pasts A and F, and title V of the HEA) 

The alternate nominee was Ms. Carol Peterson, Langston University. 

Two additional constituency groups with Primary and Alternates were approved by consensus as 

follows:

Constituency Group: Consumer Advocates 

Primary nominee: Jessica Ranucci, 

New York Legal Assistance Group

Alternate nominee: Ed Boltz, Law Offices of John T. Orcutt, P.C.

Constituency Group: Individuals with disabilities or groups that represent them: 

Primary nominee: John Whitelaw

Alternate nominee: Waukecha Wilkerson

Sacramento State University

The addition of a third constituency group was defeated by consensus. 

All committee approved primaries and alternates were contacted by FMCS for confirmation of 

acceptance and joined the session.

Membership

The following individuals are the Members of the Student Loan Debt Relief Negotiated 

Rulemaking Committee: 
U.S. Department of Education, Student Debt Relief Committee Negotiated Rulemaking Summary of Session One – 

October 10-11, 2023

Community of Interest Primary Negotiator Alternate Negotiator

Civil Rights Organizations

Wisdom Cole, NAACP India Heckstall, Center for Law and 

Social Policy

Legal Assistance Organizations 

that Represent Students or 

Borrowers

Kyra Taylor, National Consumer 

Law Center

Scott Waterman, Student Loan 

Committee of the National 

Association of Chapter 13 Trustees

State Officials, including State 

higher education executive 

officers, State authorizing 

agencies, and State regulators of 

institutions of higher education.

Lane Thompson, Oregon DCBS - 

Division of Financial Regulation

Amber Gallup, New Mexico Higher 

Education Department

States Attorneys General Yael Shavit, Office of the 

Massachusetts Attorney General

Josh Devine, Missouri Attorney 

General’s Office

Public Institutions of Higher 

Education, Including Two-Year 

and Four-Year Institutions

Melissa Kunes, The Pennsylvania 

State University

J.D. LaRock, North Shore 

Community College

Private Nonprofit Institutions of 

Higher Education

Angelika Williams, University of 

San Fransisco

Susan Teerink, Marquette 

University

Proprietary Institutions Kathleen Dwyer, Galen College of 

Nursing

Belen Gonzalez, Mech-Tech 

College

Historically Black Colleges and 

Universities, Tribal Colleges and 

Universities and Minority-Serving 

Institutions (institutions of higher 

education eligible to receive 

Federal Assistance under title III, 

parts A and F, and title V of the 

HEA

Sandra Bohan, Salish Kootenai 

College

Carol Peterson, Langston 

University

Federal Family Education Loan

(FFEL) Lenders, Servicers or 

Guaranty Agencies

Scott Buchanan, Student Loan 

Servicing Alliance

Benjamin Lee, Ascendium 

Education Solutions, Inc.

Student Loan Borrowers Who 

Attended Programs of Two-Years 

Ashley Pizzuti, San Joaquin Delta 

College

David Ramirez, Pasadena City 

College
U.S. Department of Education, Student Debt Relief Committee Negotiated Rulemaking Summary of Session One – 

October 10-11, 2023

or less

Student Loan Borrowers Who 

Attended Four-Year Programs

Sherrie Gammage, The University 

of New Orleans

Sarah Christa Butts, University of 

Maryland

Student Loan Borrowers Who 

Attended Graduate Programs

Richard Hasse, State University of 

New York at Stony Brook

Dr. Jalil Bishop, University of 

California, Los Angeles

Currently Enrolled Postsecondary 

Education Students

Jada Sanford, Stephen F. Austin 

University

Jordan Nellums, University of 

Texas

U.S. Military Service Members, 

Veterans, or Groups Representing 

them

Michael Jones, Veteran Vincent Andrews, Veteran

Consumer Advocates Jessica Ranucci, New York Legal 

Assistance Group

Ed Boltz, Law Offices of John T. 

Orcutt, P.C.

Individuals with Disabilities or 

Groups Representing them

John Whitelaw, Community Legal 

Aid Society, Inc. (CLASI) 

Waukecha Wilkerson, Sacramento 

State University

Federal Negotiator Tamy Abernathy, Director of 

Policy Coordination Group for the 

Office of Post Secondary 

Education

The Agenda 

The first session’s agenda included discussion focused around five questions. 

Question #1 focused on: Are there ways to help borrowers who are in situations where they 

have seen their balances grow due to the accrual of unpaid interest such that many now have 

overall balances higher than what they originally borrowed.

Question #2 focused on: How could the department better assist borrowers who are eligible for 

forgiveness under programs such as income-driven repayment but who do not apply for those 

programs?

Questions #3 focused on: How should the Department consider debts taken out by students to 

attend programs when it was later found such programs did not provide a minimum level of 

financial value sufficient to make loans affordable.

Question #4 focused on: How should the Department treat loans that first entered repayment 
U.S. Department of Education, Student Debt Relief Committee Negotiated Rulemaking Summary of Session One – 

October 10-11, 2023

many years ago, including will prior to the creation of additional benefits? How should the 

Department apply the FCCS compromise principle to loans that the borrower is unable to repay 

in a reasonable amount of time.

Question #5 focused on: What are potential types of hardship that borrowers may continue to

face and how might the Department address those cases of hardship?

Discussion of Questions

There was discussion beginning with the Department reviewing the background associated with 

each question one at a time. Then, Committee members had the opportunity to engage with the 

Department directly to offer their interests, concerns, preferences, and possible solutions 

relative to each question. 

Public Comment

The Committee provided opportunity for public comment at the end of each day. Public 

comment was received on both days of the session.

Next Meeting

The next meeting will be held via Zoom Gov November 6-7, 20

Next Steps

FMCS will distribute a final summary and a final agenda to the negotiators. In addition, the 

Department will distribute draft regulatory policy text prior to the next negotiation session. Any 

information that committee members want to share with the Department, or the Committee as 

a whole, should be sent to the facilitators. Additionally, any questions members have should be 

directed to the facilitators.

Committee members will communicate with others within their communities of interest to 

inform and get feedback from them.