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Enzi Asks Secretary Duncan for All Rulemaking Documents on Gainful Employment Regulations

WASHINGTON, D.C. – Senator Mike Enzi (R-Wyo.), Ranking Member the Senate Health, Education, Labor and Pensions (HELP) Committee, today wrote to Secretary Arne Duncan requesting rulemaking documents on the proposed gainful employment regulations by the Department of Education.  Enzi noted that since Duncan issued the proposed regulation, allegations have surfaced that federal education officials may have engaged in inappropriate communications with investors who had a financial interest in the outcome of the rulemaking process.

“These allegations have been bolstered by a limited number of documents released in response to several Freedom of Information Act requests which indicate that several investors contacted the Department and met with officials involved in the development of the proposed rule while the rulemaking process was ongoing,” wrote Senator Enzi.  “Consequently, questions about the propriety and extent of the Department’s interactions with these individuals will persist until we are able to review all the relevant documents maintained by the Department."

The regulations proposed by the Department of Education would establish standards for determining whether certain postsecondary education programs lead to gainful employment.

Senator Enzi urged Secretary Duncan to release all of the Department of Education’s written correspondence, e-mail and other documents regarding the development of the proposed regulation, including from the Office of the Secretary.

A copy of the letter is attached.

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