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Several Committee II Issues Will Not Be Completed Until 2023 According to Department of Education’s Agenda Posted to Today


Earlier this evening the Office of Information and Regulatory Affairs within the Office of Management and Budget posted “The 2022 Spring Agenda”.  As stated on the website’s descript of the Agenda, “The Biden Administration’s Unified Agenda of Regulatory and Deregulatory Actions (Agenda) reports on the actions administrative agencies plan to issue in the near and long term. Released by the Office of Information and Regulatory Affairs, the Agenda provides important public notice and transparency about proposed regulatory and deregulatory actions within the Executive Branch.”


What is important about this posting is that it provides a comprehensive update on where all of the regulatory agencies are in the development of rules related to the agency.  As noted in today’s Agency Rule List for the Department of Education, the Administration has clearly stated that five of the 2021-2022 Federal Negotiate Rulemaking issues will not be completed this year.  The list includes:

  • Gainful Employment
  • Factors of Financial Responsibility
  • Standards of Administrative Capability
  • Certification Procedures
  • Ability-to-Benefit


Based upon confirmed statements from Department officials, this means that these five sets of regulations will not be completed by November 1st of this year, and therefore will not be eligible for implementation July 1st of next year under the Master Calendar statutory requirements of the Higher Education Act of 1965, as amended.  Put another way, none of the five packages will become effective until July 1, 2024 at the earliest.


You can review the Education list in its entirety at:


CSPEN has developed a more specific list of the topics below.


What’s Next

With the publication of the Agenda, and the announcement that this means that the five issues are now a 2023 proposition, it suggests that the only issues which the Department intends to complete from the list of sixteen issues are those that were include in the April 22nd and June 8th submissions that the Department has already submitted to OMB/OIRA.


CSPEN will be providing the community with even more details on this coming Thursday’s webinar – where we will summarize our meeting with OMB/OIRA and Department officials on the April 22nd package, talking more about the June 8th package, and reaffirming this unbelievable – but verified – new breaking news! 




Agency Rule List – Spring 2022


Department of Education

Agency Agenda Stage of Rulemaking Title RIN
ED/OPE Proposed Rule Stage Ability to Benefit 1840-AD51
ED/OPE Proposed Rule Stage Borrower Defense 1840-AD53
ED/OPE Proposed Rule Stage Pell Grants for Prison Education Programs 1840-AD54
ED/OPE Proposed Rule Stage Gainful Employment 1840-AD57
ED/OPE Proposed Rule Stage Improving Discharges for Total and Permanent Disabilities, Closed Schools, and False Certification 1840-AD59
ED/OPE Proposed Rule Stage Factors of Financial Responsibility 1840-AD64
ED/OPE Proposed Rule Stage Standards of Administrative Capability 1840-AD65
ED/OPE Proposed Rule Stage Change in Ownership and Change in Control 1840-AD66
ED/OPE Proposed Rule Stage Improving Income-Driven Repayment [1840-AD69], Implementing Statutory Changes to Pell Grants for Incarcerated individuals [1840-AD54] and 90/10 [1840-AD55] and Clarifying Rules on Changes in Ownership 1840-AD69
ED/OPE Proposed Rule Stage Public Service Loan Forgiveness 1840-AD70
ED/OPE Proposed Rule Stage Interest Capitalization 1840-AD71
ED/OPE Proposed Rule Stage Certification Procedures 1840-AD80
ED/OCR Proposed Rule Stage Discrimination Based on Shared Ancestry or Ethnicity in Response to EO 13899 on Combating Anti-Semitism and EO 13985 on Advancing Racial Equity and Support for Underserved Communities 1870-AA15
ED/OCR Proposed Rule Stage Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance 1870-AA16
ED/OCR Proposed Rule Stage Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Handicap 1870-AA17
ED/OCR Proposed Rule Stage Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance from the Department of Education 1870-AA18
ED/OPEPD Proposed Rule Stage Protection of Pupil Rights Amendments 1875-AA13
ED/OPEPD Proposed Rule Stage EDGAR Revisions 1875-AA14
ED/OPEPD Proposed Rule Stage Family Educational Rights and Privacy Act 1875-AA15
ED/OCFO Proposed Rule Stage Department of Education Acquisition Regulations 1890-AA20
ED/OS Proposed Rule Stage Debt Collection Practices 1894-AA12
ED/OS Final Rule Stage Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 1894-AA11



Please register for CSPEN: White House/Department Neg Reg Meeting Debrief on Jun 23, 2022 2:00 PM EDT at:

After registering, you will receive a confirmation email containing information about joining the webinar.

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