Title 34
SECTION 9.5
9.5 Responsibilities.
§ 9.5 Responsibilities.(a) The Secretary of Education (Secretary) supervises the overall planning, direction, and control of the Department's Regulatory Agenda; approves regulatory documents for issuance and submission to OMB under Executive Order 12866; identifies an approximate regulatory budget for each fiscal year as required by Executive Order 13771; establishes the Department's Regulatory Reform Task Force (RRTF); and designates the members of the RRTF and the Department's Regulatory Reform Officer (RRO) in accordance with Executive Order 13777.
(b) The RRO of the Department assists the Secretary in overseeing the overall planning, direction, and control of the Department's Regulatory Agenda and approves the initiation of regulatory action, as defined in Executive Order 12866, by the Department and its principals. The RRO also serves as the Chair of the Leadership Council of the RRTF.
(c) The RRO of the Department is delegated authority by the Secretary to oversee the implementation of the Department's regulatory reform initiatives and policies to ensure the effective implementation of regulatory reforms, consistent with Executive Order 13777 and applicable law. The RRO shall be responsible for ensuring the Department complies with this part, including but not limited to §§ 9.1 and 9.4, in all respects.
(d) The General Counsel of the Department is the chief legal officer of the Department, with final authority for providing legal assistance to the Secretary concerning the programs and policies of the Department and serves on the Leadership Council of the RRTF. The General Counsel shall closely assist the RRO in ensuring that the Department complies with this part, including but not limited to §§ 9.1 and 9.4, in all respects.
(e) The Department's Deputy General Counsel with responsibility for supervision of the Division of Regulatory Services (DRS) of the Office of the General Counsel (OGC) is a member of the RRTF as designated by the Secretary, serves as the Department's Regulatory Policy Officer (RPO) pursuant to section 6(a)(2) of Executive Order 12866, and chairs the RRTF Working Group.
(f) Except as otherwise agreed by senior agency officials due to exceptional circumstances, subject to the oversight of the General Counsel and Deputy General Counsel with responsibility for supervision of DRS, the Department's Assistant General Counsel for Regulatory Services supervises DRS within OGC; oversees the process for rulemaking; provides legal advice on compliance with all APA and other administrative law requirements and with Executive orders, OMB directives, and other regulatory procedures; circulates regulatory documents for departmental review and seeks concurrence from reviewing officials; submits significant regulatory documents to the Secretary for approval before issuance or submission to OMB; coordinates with the Office of Information and Regulatory Affairs (OIRA) within OMB on OIRA's designation and review of regulatory documents and the preparation of the Unified Agenda of Regulatory and Deregulatory Actions; and serves as a member of the RRTF Working Group.
(g) DRS attorneys will serve as Regulatory Quality Officers designated by the Regulatory Reform Officer who will have responsibility for reviewing all rulemaking documents for plain language, technical soundness, compliance with the provisions of this part, and general quality.