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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