The SidebySide A Must for Reauthorization

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The Side-by-SideA Must for Reauthorization

• Melissa Johnson
• Jill Whitaker
• Nancy Masten

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Agenda for this session

• Program Regulations Committee (AKA Regs
  Committee)
• Reauthorization timeline
• Creation of analysis documents and other
  resources
• Where to find it all (useful Web sites)

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Program Regulations Committee

• Members from NCHELP organizations
• Working committee
• Responsible for all regulatory activities
• Develops responses to
• Notices of Proposed Rulemaking (NPRM)
• Federal Forms new and changes to old
• Sub-regulatory issues

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Program Regulations Committee

• Develops regulatory analysis documents for
• NCHELP members
• Other interested parties
• Analysis documents include
• Side-by-Sides
• Black-line versions of law and regulations

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Program Regulations Committee

• Maintain NCHELP E-library
• Create and update materials such as
• Topical index
• Various charts and histories for interest and
  special allowance rates
• Borrower Contact matrix
• Useful Web sites matrix

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Program Regulations Committee

• Create and update materials, contd
• Glossary of Initials and Acronyms
• Comparison chart of FFELP DL programs
• Matrix of Non-HEA Laws
• Respond to Common Manual proposals
• Analyze other issues of impact, e.g., TRA
• Assist other NCHELP committees with various
  projects/issues

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ReauthorizationThe 5-Year Itch

• HEA to be reauthorized every 5 years
• Process begins with Congressional request for
  input
• Various interested parties respond
• Hearings held by Congress
• House/Senate consider proposals and craft bills

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ReauthorizationThe 5-Year Itch

• Interested parties comment on bills
• Monitor progress
• Bills discussed/debated in Committee
• Some survive, others dont
• House/Senate vote independently on bill(s) and
  send what passed to other chamber
• Once all agree, bill(s) goes to President

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ReauthorizationThe 5, 6 7(?)-Year Itch

• History of past reauthorizations
• 1968
• 1972
• 1976
• 1980
• 1986
• 1992
• 1998
• 200?

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ReauthorizationThe 5-Year Itch

• Extensions continuing resolutions
• HEA was to be reauthorized by Sept. 2003
• Automatically extended to September 2004
• Continuing Resolution passed to extend HEA
  through November 2004
• Recent legislation extends HEA through September
  2005

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From Reauthorization to Regs

• Once reauthorization bill is passed into law,
  industry gets even busier!
• Regulatory negotiations commence
• ED publishes Proposed Rules
• Interested parties comment on proposed rules
• ED issues Final Rules
• Industry implementation

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Reauthorization Becomes Reality

• Law is passed (e.g., last reauthorization was
  signed into law on 10/7/98)
• Teams are established to work with ED on
  development of regulations
• Team members represent industry
• Rules of engagement established
• Consensus is required for each regulatory package
• For 1998 reauthorization, e.g., 4 teams were
  created
• Negotiations held
• For last reauthorization, meetings held January
  through May 1999

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Reauthorization Becomes Reality

• After consensus reached, ED publishes NPRMs
• For 1998 reauthorization, NPRMs published June
  through August 1999
• Community and interested parties comment
• Final rules published
• After 1998 reauthorization, final rules were
  published August through November 1999
• Implementation is (generally) July 1 of the
  following year
• Only if final rules are published within 360 days
  of reauthorization

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Where Are We Now?

• HEA was to be reauthorized by 2003
• ED requested proposals in late 2002
• House/Senate requested proposals in late 2002
  and early 2003
• Industry submitted proposals in response to
  requests
• Individually
• In groups (consensus)

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Where Are We Now?

• House passed several bills large reauthorization
  bill introduced May 2003
• Hearings were held in July 2004
• Not yet referred to Senate
• Senate has not yet passed its reauthorization
  bills

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Were Here to Help You Make Sense of it
All

• How/when analysis documents are created
• What analysis documents are available
• Usefulness of analysis documents
• Review side-by-side examples
• Black-line examples

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The Art of the Side-by-Side

• Comparing documents
• Old vs. New
• House Bill vs. Senate Bill
• Statute vs. Regulation
• The magic formula
• What are we comparing and why?
• Who is the audience?
• Format considerations
• Time frame

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The Art of the Side-by-Side

• Summary of document(s)
• Plain English version
• Quick reference
• Highlights issues/explains implications
• System
• Procedural
• Policy-related

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The Art of the Side-by-Side

• Assists with implementation
• Tracking document
• Helps with audits
• NOT a replacement for reading the actual laws and
  regulations

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The Art of the Side-by-Side

• Use when reviewing legislative changes
• Reauthorization, e.g.
• 1998 Reauthorization
• Current Reauthorization
• HR4283 (House Republican bill)

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Side-by-Side HR 4283
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The Art of the Side-by-Side

• Use when reviewing regulatory changes
• All regulatory packages
• Technical corrections
• Regulatory changes from 1998 reauthorization
• Regulatory relief (Fed Up)

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Side-by-Side 2002 Final Regulations
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Black-line Documents

• Show changes to existing language
• Strikethroughs, underlines, colors
• Allow for easier comparison
• Assist with side-by-side development
• Created for
• Legislative changes (proposed and final)
• All regulatory packages

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Black-line Documents

• HEA black-lines
• All titles (title IV contains bookmarks)
• Incorporates language from HR4283
• Regulatory black-lines
• When draft regulations are released (NPRM)

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Negotiated Rulemaking

• Once reauthorization is complete, negotiated
  rulemaking begins
• Regs Committee provides support to negotiators
  and Team FFELP
• Side-by-sides and other tools created by the
  committee are critical to ensure nothing is
  overlooked

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Negotiated Rulemaking

• Once negotiations conclude, Notices of Proposed
  Rules (NPRMs) are issued by the Department
• Regs Committee assists NCHELP and Team FFELP with
  comments

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Final Rules

• Final Rules published after NPRM comment period
• Regs Committee produces analysis documents to
  help with implementation
• Implementation dates become important and are
  noted in analysis documents
• Master Calendar
• Early Implementation
• Self-implementing
• Trigger Events

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Integrations

• Integrated versions of statute and regulations
• Created once bills become law and proposed rules
  become final
• Look for HEA integration and regulatory (34 CFR
  600, 668, and 682) integrations after
  reauthorization

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Keeping Track of It All

• NCHELP Web site and E-library are located at
  www.nchelp.org
• Reauthorization updates/information
• Federal Laws (HEA)
• Federal Regulations
• Federal Registers
• Integrations

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Keeping Track of It All

• Other Useful Sites
• House Education Committee
• http//edworkforce.house.ed.gov
• Senate Education Committee
• http//labor.senate.gov
• Bill Language/Status
• http//thomas.loc.gov

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(No Transcript)
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NCHELP E-Library Contents
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Locating the HEA
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Title IV with Bookmarks
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Looking for Federal Regulations?
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Which Version?
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Need a Federal Register?
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Which Year Do You Need?
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Regulations are Sorted by Topic
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Questions?