Photo of CSPEN BREAKING NEWS: Department of Education Has Sent Earnings Accountability Proposal To White House

Earnings Accountability NPRM Submitted To White House For Review Interested Parties Now Have the Ability To Request “Listening Sessions” With White House and Department Officials Under E.O. 12866

Overview
Just moments ago CSPEN learned that the U.S. Department of Education submitted (centralstatesedu.us11.list-manage.com/track/click?u=75e01bde202d593ed21c1c91c&id=51ecc0d0e0&e=05bce952ad) the Accountability in Higher Education and Access through Demand-driven Workforce Pell (AHEAD) Student Tuition and Transparency
System (STATS) and Earnings Accountability Notice of Proposed Rulemaking NPRM to the White House’s Office of Information and Regulatory Affairs (OIRA) for review prior to submission to the Federal Register for publication.

On tomorrow’s webinar CSPEN will pivot from the previously scheduled presentations to more details on this next to last step in the NPRM publication process. We will refresh the community’s memory on the Executive Order 12866 directive and the E.O. 12866 process details.

Background
OIRA is an office located within the Office of Management and Budget (OMB) in the Executive Office of the President. OMB supports the President in overseeing the implementation of policies across the Federal government.

Within OMB, OIRA manages the process of government-wide review of Federal regulatory actions. OIRA reviews a subset of regulatory actions, according to a series of Executive Orders, including Executive Order
12866 (centralstatesedu.us11.list-manage.com/track/click?u=75e01bde202d593ed21c1c91c&id=1c3369098a&e=05bce952ad) , Executive Order 13563, and Executive Order 14094.

OIRA may review regulatory actions that are likely to have large impacts on the economy (e.g., annual effect on the economy of $200 million or more) or to ensure consistency in regulatory approaches across Federal agencies, among other circumstances. OIRA works collaboratively with Federal agencies through this review to ensure that regulatory actions are effective and durable.

When OIRA is reviewing a draft regulatory action, any member of the public can request a meeting with OIRA officials on that action. These meetings are sometimes called “12866 meetings,” named after the
Executive Order (centralstatesedu.us11.list-manage.com/track/click?u=75e01bde202d593ed21c1c91c&id=d5d7b1e09f&e=05bce952ad) that structures OIRA’s centralized regulatory review.

In many cases, OIRA will review a draft regulatory action twice: once as a proposal (typically called a “proposed rule”), and again when the agency is finalizing the action (typically called a “final rule”). Members of the public can request 12866 meetings with OIRA in both cases.

Note, however, that a 12866 meeting with OIRA is not a substitute for submitting written comments to the agency that is proposing the regulatory action. Members of the public should follow the instructions set forth in the agency’s rulemaking document to understand how, and by when, they should submit a comment.

In addition, not all regulatory actions are reviewed by OIRA; if a regulatory action is not reviewed by OIRA, then 12866 meetings with OIRA on that action will not be available.