Transcript Slide 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
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Agenda
 Process Overview and Key Players
− House
− Senate
− Administration
 Role of the Department of Education
 Your Role and Responsibilities
 Make 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
agency
 U.S. Department of Education for higher
education programs
 Reviewed 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 acts
 May 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 signature
 Pro: Differences are ironed out and
compromises are reached
 Con: Not a public process, seen by
some as “undemocratic”
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LEGISLATIVE PROCESS
(Final Action)
− Conference Committee
 Attempts to resolve differences between
House and Senate-passed bills
 Result is a “Conference Report” -- includes
explanatory language and recommendations
 Identical 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 Republicans
 Plus 1 Independent and 1 Independent Democrat
 Minnesota race will be determined by courts
 House
− Was 236 Democrats -198 Republicans
 One vacancy
− Now 254 Democrats – 178 Republicans
 Three vacancies
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Education & Labor Committee
George Miller (D-CA)
Chairman
Howard P. “Buck”
McKeon (R-CA)
Ranking Member
Higher Education, Lifelong Learning &
Competitiveness Subcommittee
Rubén Hinojosa (D-TX)
Chairman
Brett Guthrie (R-KY)
Ranking Member
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Health, Education, Labor & Pensions Committee
Edward Kennedy (D-MA)
Chairman
Michael Enzi (R-WY)
Ranking Member
Children & Families Subcommittee
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 Bill
 Does 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 weeks
 1,000 phone calls
 1,200 faxes
 4,000 e-mails
− Consumer Bankers Association electronic
petition
 6,000+ 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 time
 Goal: 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 to
Department 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 workshops
 Networking
 Listservs
 Webinars
 Web sites
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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 letters
 State how proposal(s) would affect
your students
 Provide student success stories
 Develop a fact sheet for your college
 Use 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 correctly
The Honorable (name)
United States (Senate or House of Representatives)
Washington, DC 20510
 Send it to the appropriate office
 Keep 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
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Thank You!
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QUESTIONS
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