1 Federal Policy Making….. Make Some Noise! Tami Sato, Southern CA College of Optometry Vicki Shipley, National Council of Higher Education Loan Programs (NCHELP) WASFAA Conference April 2009
Dec 26, 2015
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Federal Policy Making…..
Make Some Noise!
Tami Sato, Southern CA College of OptometryVicki Shipley,
National Council of Higher Education Loan Programs (NCHELP)
WASFAA Conference April 2009
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Agenda
Process Overview and Key Players− House
− Senate
− Administration
Role of the Department of EducationYour Role and ResponsibilitiesMake Some Noise!
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Why Should You Care?
The majority of student aid is the product of and exists within some sort of political environment
− National politics− State politics− Institutional politics
Understanding the basic concepts and structures can help you anticipate change and possibly influence the process
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Legislation vs. Regulation
Legislation− Congress adopts with Presidential
signature or after overriding a veto
− Amends the U.S. Code -- the “statute” (e.g., Higher Education Act)
Public Laws (111-XX)
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Legislation vs. Regulation
Regulation− Promulgated by appropriate federal
agencyU.S. Department of Education for higher
education programsReviewed by Office of Management and
Budget (OMB)
− Interprets and adds detail to statute
Amends Code of Federal Regulations (C.F.R.)
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LEGISLATIVE PROCESS(In a nutshell….so to speak!)
Authorization Legislation: Introduced by a Representative or Senator to Amend or Create a Federal Statute− Legislation assigned to “Committee(s) of
Jurisdiction”− Chairman assigns to Subcommittee − Hearings held on major legislation− Higher Education Act to be “Reauthorized”
every six years Appropriations Legislation: Sets Annual
Funding Levels for Federal Programs (aka discretionary spending) via Budget Bills
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LEGISLATIVE PROCESS(It Takes Two To Tango!)
Other Chamber (House or Senate) Must Act -- Two Options:− Considers similar legislation at its own pace
Passes a bill that can be matched up with one passed by the other chamber
Differences must be reconciled before enactment is possible
− Receives legislation after other chamber actsMay approve identical bill or make amendments
“Back & forth” process, until identical bill is approved
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What Happens in the Conference Committee?
Differences between the House and Senate versions are reconciled
Must be re-voted on again in each chamber
Sent to the President for signaturePro: Differences are ironed out and
compromises are reachedCon: Not a public process, seen by
some as “undemocratic”
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LEGISLATIVE PROCESS(Final Action)
− Conference CommitteeAttempts to resolve differences between
House and Senate-passed billsResult is a “Conference Report” -- includes
explanatory language and recommendationsIdentical Conference Report must be
approved by House and Senate before it can be sent to the President
President signs or vetoes
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New Congress - 111th
Senate− Was 51 Democrats – 49 Republicans
− Now 56 Democrats - 41 RepublicansPlus 1 Independent and 1 Independent DemocratMinnesota race will be determined by courts
House− Was 236 Democrats -198 Republicans
One vacancy
− Now 254 Democrats – 178 RepublicansThree vacancies
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Education & Labor Committee
Higher Education, Lifelong Learning & Competitiveness Subcommittee
George Miller (D-CA)Chairman
Howard P. “Buck” McKeon (R-CA)Ranking Member
Rubén Hinojosa (D-TX)Chairman
Brett Guthrie (R-KY)Ranking Member
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Health, Education, Labor & Pensions Committee
Children & Families Subcommittee
Edward Kennedy (D-MA)Chairman
Michael Enzi (R-WY)Ranking Member
Chris Dodd (D-CT)Chairman
Lamar Alexander (R-TN)Ranking Member
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Budget “Basics”
Congress controls the purse! Budget committees formulate a budget
resolution Reconciliation instructions are optional Reconciliation protects budget measures
from parliamentary hurdles such as filibusters to ensure timely completion
Reconciliation instructions lead to the development of legislative changes to programs under the jurisdiction of the authorizing committees
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President’s 2010 Budget Proposal
Loan Proposals− Due to “turmoil” in the financial markets,
the President’s budget requests that Congress end the entitlements for financial institutions that lend to students by eliminating the FFEL Program by 7/1/10
− Makes campus-based aid more widely available through a modernization of the Perkins Loan Program
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Budget Proposals--Higher Education
Pell Grants− Pell Grant = $5,550 maximum in 2010-2011 − Indexes Pell Grants to the Consumer Price Index
plus 1%− Makes the Pell Grant program mandatory
College Completion & Access− Permanent $2500 American Opportunity Tax Credit− Create a new five-year, $2.5 billion Access and
Incentive Fund to support low-income students graduate from college
− Includes evaluation component to ensure best practices
− Triples number of graduate fellowships in science
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Obama Vows Budget Fight For His Priorities
“With the magnitude of the challenges we face right now, what we need in Washington are not more political tactics – we need more good ideas. We don’t need more point-scoring – we need more problem-solving.”
Obama challenged his critics to offer “constructive, alternative solutions.”
Source: CQ Today 3/17/09
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Budget Process –The Role of Congress
Budget Bills− House Bill
Includes reconciliation instructions to Education and Labor Committee to reduce budget by $1 B
− Senate BillDoes not include similar reconciliation instructions Includes amendment by Senator Lamar Alexander
“to maximize higher education access and affordability by ensuring that institutions of higher education and their students are able to continue to participate in a competitive student loan program, in order to maintain a comprehensive choice of student loan products and services.”
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Budget Process –Citizen Impact on Congress
Senator Alexander’s Amendment was due to him hearing from constituents− Letters to the Senator from school groups− Expressions of concern to other members
of Congress over the past few weeks1,000 phone calls1,200 faxes4,000 e-mails
− Consumer Bankers Association electronic petition6,000+ signers
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New Department of Education
Arne Duncan -- Secretary of Education− Martha Kanter – Nominee for Under
Secretary
− Carmel Martin -- Assistant Secretary for Planning, Evaluation and Policy Development
− Marshall Smith – Special Assistant
− Robert Shireman – Special Assistant
− Dan Madzelan – Acting Assistant Secretary
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Negotiated Rulemaking (Neg Reg)
Secretary of Education’s Responsibility Advise Congress
− Propose Legislation
− Provide Technical Assistance
− Assist with Constituent Issues
Regulates Where Needed Enforces Laws and Regulations Communicates with Interested Parties and
the Public
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Negotiated Rulemaking (Neg Reg)
Required by the HEA (Section 492A)All parts of Title IV – All the timeGoal: To develop Notices of Proposed
Rulemaking (NPRM) that reflects a final consensus of the negotiating committee
Consensus: There must be no dissent by any member of the committee (includes ED) to have reached consensus
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Neg Reg
Your Role During Neg Reg− Know who represents your segment or interests− Follow the issues (IFAP, NASFAA)
Your Role After Neg Reg− Review NPRM in Federal Register − Respond within comment period
Send Comments toDepartment of Education (see Federal Register)
w/copy to:− Federal Relations Committees− NASFAA
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Keep Track of What’s Happening In DC
Read, read, read…..Conferences and workshopsNetworkingListservsWebinarsWeb sites
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Be Heard! Be Heard!
YOU ARE THE EXPERT! Stay in touch (Email, phone, in person) with your
Congressional/State legislative members. Get to know their staff
Be sure they know who you are, what you do and the students you serve – be a trusted resource
Invite members of Congress/state legislature and/or their staff to tour your facilities
Respond to NPRM’s Volunteer to be on state and WASFAA and
NASFAA committees
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Put a Face on It!
Personalize sample/template lettersState how proposal(s) would affect
your studentsProvide student success storiesDevelop a fact sheet for your collegeUse stats and numbers
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Ten Tips for a Good Letter
Personalize your letter− Tell a story
What’s the impact on: a student your school your office your state
Use facts – politicians like numbers! Use personal stationery (or send an email) Thank them for their vote or position Request a follow up letter
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Ten Tips for a Good Letter
Address it correctlyThe Honorable (name)United States (Senate or House of Representatives) Washington, DC 20510
Send it to the appropriate officeKeep your comments short and to the
point Include contact information Include an “ask”
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How do YOU get involved?
Know your stuff− Association advisories
− Lender and guarantor updates
− Other sources?
Make friends before you need them− Congressional staffers
− Members of Congress
Communicate, communicate, communicate− Write a letter, make a call, send an email, smoke
signals, tin cups with a string