Crucial Package of Regulatory Proposals Enters White House E.O. 12866 Review Process; However, 3 Key Sections Remain Unpublished (Cash Management, State Authorization, and Accreditation)
Overview
For over two weeks CSPEN has been on the lookout on the Office of Management and Budget’s Office of Information and Regulatory Affairs (OMB/OIRA) notice of receipt from the U.S. Department of Education of the draft rules developed as a result of the 2024 Federal Negotiated Rulemaking entitled Program Integrity and Institutional Quality (www2.ed.gov/policy/highered/reg/hearulemaking/2023/index.html).
This morning, OMB/OIRA’s website posted notice (www.reginfo.gov/public/do/eoReviewSearch) that the submission of a draft Notice of Proposed Rulemaking (NPRM) entitled “1840-AD92:Program Integrity and Institutional Quality: Distance Education [1840-AD92], Return of Title IV, HEA Funds [1840-AD85], and Federal TRIO Programs [1840-AD68]“ (www.reginfo.gov/public/do/eoDetails?rrid=574162) was received yesterday (June 17, 2024).
What is vitally important to note is that the submission does not include all six of the original topics discussed by the Program Integrity and Institutional Quality Committee. The three topics, noted above, exclude inclusion of proposed revisions to “Cash Management”, “State Authorization”, and “Accreditation.” Information has been circulating, and continues to do so, that the Department may withhold some, or all, of the draft proposals regarding these three topics for either separate and later publication OR even withhold their publication indefinitely.
CSPEN continues to seek out information on the status of the three outstanding sets of proposed rules, while at the same time focusing on the next phase of the process for the three sets of draft regulations that have been submitted to the White House for review.
What’s Next
Under the E.O. 12866 process, along with White House review of the draft NPRM, interested parties have the opportunity to request a meeting, commonly referred to as “listen session”, with representatives of the Department and the Administration as a final opportunity to share support, concern, data, and final requests for revisions with the entities before Administration clearance of the proposals and Department final edits and development of the Preamble – the last two steps before publication of the NPRM in the Federal Register for final public comment, any revisions and publication in final form on or before November 1st.
CSPEN will be providing a summary and review of the primary issues contained within both the three packages of revisions submitted to the White House and those that remain to be submitted on our Federal Legislative and Regulatory Update this Thursday. In addition to the latest on these important regulatory issues, we will also provide key updates on other regulatory issues (e.g. new updates on the Department’s guidance related to the 150% Rule, Title IX, et al.); updates on several Congressional actions taking place on Capitol Hill, and a status report on the growing list of legal cases related to higher education policy.
