Top Republicans Request Additional Time for Public Comments on ED’s First Batch of Draft Rules
Hugh T. Ferguson
July 14, 2022
The top Republican lawmakers on the House and Senate education committees are calling on the Department of Education (ED) to extend the comment period for its Notice of Proposed Rulemaking (NPRM) that was unveiled on Wednesday.
In a letter penned by Rep. Virginia Foxx (R-N.C.), ranking member of the House Education and Labor committee, and Sen. Richard Burr (R-N.C.), ranking member of the Senate Health, Education, Labor, and Pensions (HELP) committee, the pair called on ED to extend the comment period by an additional 30 days. They also allege that the regulatory changes overstep the agency’s authority and usurp the “power of the purse” entrusted to Congress.
“The Supreme Court has made it clear that, absent ‘clear congressional authorization,’ agencies are bound by the laws as Congress has written them, not as agencies wish to interpret them,” Burr said. “Secretary Cardona does not have the legal authority to make these changes. Therefore, he should withdraw these proposed rules and instead ask Congress to act.”
