I. Mission Statement 

U.S. Department of Education 

Negotiating Committee--Gainful Employment 

2013 

Organizational Protocols 

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: 

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. 

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 ofthe 

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. 

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.