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The Department of Education's mission is to promote student achievement and preparation for global 

competitiveness by fostering educational excellence and ensuring equal access.

UNITED STATES DEPARTMENT OF EDUCATION

Office of Postsecondary Education

2024 Negotiated Rulemaking

Program Integrity and Institutional Quality Committee

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). The goal of the committee’s work is to obtain 

consensus on proposed regulations. 

II. Participation

A. The committee consists of the following:

U.S. Department of Education Federal negotiator

Office of General Counsel (non-voting) representative

Non-federal primary and alternate negotiators

Facilitators from the Federal Mediation and Conciliation Service (FMCS)

B. The primary negotiator and the Federal negotiator will participate for the purpose of 

determining consensus. The alternate negotiator will participate for the purpose of determining 

consensus in the absence of the primary negotiator. Other negotiators may not serve as a proxy 

in the absence of the primary and the alternate negotiator for a constituency. 

C. The primary and alternate negotiators will work together as a team to represent their 

constituency. A primary and alternate negotiator may decide the alternate negotiator will take 

the primary negotiator’s place at the table for certain topics and will inform the facilitators in 

advance of the discussion of the topic. A primary negotiator may request an alternate negotiator 

be provided an opportunity to speak on a particular subtopic. Facilitators will determine at 

what point the alternate may speak. 

III. Meeting Facilitation

A. The facilitator(s) will help to ensure negotiations run smoothly, develop meeting agendas, 

prepare, and distribute a record of agreements, help parties to resolve their differences, and 

work to achieve consensus on the issues addressed by the committee. 

B. The facilitator(s) will be available to facilitate full committee meetings and any caucuses. 
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IV. Committee and Subcommittee Membership

A. The committee may add constituencies, members, or make suggestions about the composition 

of the committee. Requests for additions must include a rationale and be approved by all 

current primary committee members. New members may participate immediately upon

admission to membership. Requests to add members must be made no later than close of 

business (COB) on the first day of the second week of negotiations. 

B. Upon the initiation by any member in writing and after consultation with the facilitators, the 

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

these protocols. In such a case, the Secretary will provide an explanation in writing to the 

member of the committee. 

C. The Secretary may remove any member who ceases to be employed by or be associated with 

the community of interests that individual was chosen to represent. 

D. The Department and/or the committee may form a subcommittee(s) to address specified issues 

and to make recommendations to the committee. The Department has formed the Federal 

TRIO Programs Subcommittee for this negotiation. A subcommittee may consist of committee 

members (primary or alternate negotiators) and/or individuals who are not committee members 

but who have expertise that will be helpful in developing proposed regulations. As the 

subcommittee is not a decision-making or voting body, it will not include alternates. 

Subcommittee meetings will be held between the meetings of the committee. All committee 

members will be notified of all subcommittee meetings. 

V. Decision Making

A. The committee will operate by consensus, which means that there must be no dissent by any 

member for the committee to be considered to have reached agreement. Members should not 

block or withhold consensus unless they have serios reservations about what is proposed. 

Absence will be equivalent to not dissenting. 

B. Consensus will be separately determined for each issue; thus, consensus could be reached for 

some issues, but not others.

C. All agreements reached during the negotiations will be assumed to be tentative until the call 

for final agreement on regulatory language. Committee members may not withdraw their 

consensus once consensus is achieved in the final vote for each issue.

VI. 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 may 

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 consensus on regulations on an issue, the Department will use this 

consensus-based language in its proposed regulations, and committee members and their 

employers will refrain from commenting negatively on the consensus-based regulatory 

language, except as provided below in paragraph C of this section.
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Program Integrity and Institutional Quality Committee

C. The Department will act in good faith regarding consensus reached and will not substantively 

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 in advance of the publication of the proposed 

regulations to allow committee members a real opportunity to express their concerns to the 

Department. If the Department alters consensus-based language, it will also identify the 

changes made after 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.

VII. 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. Negotiators must discuss the views of other negotiators at the negotiating table in a respectful 

manner. 

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 and subcommittee meetings, but not caucuses, are open to the public 

and will be livestreamed to provide access to the public.

F. Committee members will remain engaged in the work of the committee and refrain from other 

activity (including posting to social media) during the time that committee meetings are in 

session. Breaks will be provided with times announced by the facilitators.

G. If a negotiator requests data from the Department to clarify implications of potential actions or 

deepen the understanding of a topic, the Department will respond to the request prior to or at 

the next negotiation session. The response will be one of the following: 1) providing the 

requested data, 2) stating that more time is needed and a target date for providing the data, 

and/or 3) an explanation of why some or all of the data cannot or will not be provided. The 

Department will share any data supplied with the entire committee.

H. Negotiators may submit materials to the Department for distribution to the committee, 

including research, proposals, and regulatory text. Materials submitted to the Department will 

be shared with the entire committee and made publicly available.
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VIII. The Virtual Negotiation Process

A. The facilitator will announce each topic. The first time a topic is discussed during each session, 

the Federal negotiator will provide an overview of the topic. A committee member who wishes 

to speak on that topic should virtually raise their hand. The facilitators will determine the order 

by which committee members speak. Committeemembers must wait until called upon to speak 

and follow facilitator instructions.

B. Only one committee member may speak at a time. All other committee members’ microphones 

are to remain muted. 

C. When called on, a committee member will have up to three minutes to speak. A committee 

member who exceeds the time may be muted. The facilitator will remind the member when 

there are 30 seconds remaining.

D. To preserve time, a committee member should not repeat a previously made point when it is 

that committee member’s turn to speak. In the interest of time, facilitators may mute a 

committee member if it appears the committee member is only repeating previously made 

points.

IX. The Virtual Caucus Process

A. Any committee member may call for a caucus, which generally consists of a subset of 

negotiators. A caucus stops the discussions of the full committee.

B. When a committee member calls for a caucus, the facilitator will collect the names of all 

committee members who will participate in the caucus so participating members can be invited 

to the breakout room or a separate meeting.

C. The committee member who called for the caucus should request the amount of time expected 

for the caucus to facilitate the return to negotiations. Additional time may be granted at the 

discretion of the facilitators and the Federal negotiator. The facilitators will communicate any 

change in schedule to all negotiators. Negotiations resume when the caucus has ended.

D. The committee member who called for the caucus will lead the discussion. The facilitators will 

ensure that members who wish to speak are provided time to do so using the time allotted.

E. The Department may appropriately limit the meeting length of a caucus to facilitate the orderly 

completion of the agenda.

X. The Virtual Subcommittee Process

A. Cameras should remain on during active negotiations at all sessions. Cameras should be turned 

off during breaks and may also be turned off during a brief absence.

B. Subcommittee members will remain engaged in the work of the subcommittee and refrain from 

other activity (including posting to social media) during the time subcommittee meetings are 

in session.
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C. The Federal subcommittee lead will introduce each new topic. A subcommittee member who 

wishes to speak on that topic should virtually raise their hand. An FMCS staff member will 

serve as the facilitator, determine speaking order, and call upon subcommittee members when 

it is their turn to speak. Subcommittee members must wait their turn and follow the facilitator’s

instructions.

D. Only one subcommittee member may speak at a time. All other subcommittee members’ 

microphones are to remain muted.

E. The subcommittee will provide timely recommendations to the committee. The committee 

may also request additional information from the subcommittee as needed.

XI. Safeguards for Members

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

the facilitator(s) in writing.

B. Any member whose employment changes during the negotiations will notify the facilitator(s) 

of that change. The Department will determine if they are still an appropriate representative of 

the constituency for which they were selected.

C. All members and the organizations they represent shall act in good faith in all aspects of these 

negotiations.

D. 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 regarding negotiated rulemaking during 

contact with the media, the investment community, other organizations outside the community 

of interest represented by the member, and to the public including, but not limited to, through 

social media.

XII. Public Comment

At the end of each day, beginning with the January session (except for the final day of the final 

session), the Department will reserve 30 minutes for public comment. The Department may extend 

the public comment period at its discretion.