Education Department says rulemaking will continue if appropriations lapse; staff to provide logistics

The U.S. Department of Education told negotiators on day two of its RISE session that it plans to continue certain regulatory work even if Congress allows a lapse in appropriations.

Jeff, an ED staff member who briefed the committee, said the department determined "the current negotiated rulemaking and certain other regulatory functions will continue in the event of a lapse of appropriations" because pausing that work could "substantially impair" otherwise funded programs such as Pell Grants and Direct Loans. Jeff said the department has updated contingency planning and expected that immediate operations would proceed with some adjustments to entrances and start times later in the week.

Tammy Abernathy, the federal negotiator on the panel, confirmed staff would continue to support the session and that the livestream and in‑person meetings were expected to continue. "We will be proceeding," Tammy said, while noting ED would provide updates to participants about entrances, security and times for the remainder of the week.

Participants asked whether the livestream and staffing would remain unchanged; ED staff replied that many of the same staff would be available and that more detailed logistics would be posted and communicated. Faisal Solman, who joined the table later in the morning, was recorded as present for the veterans borrower constituency.

ED staff emphasized that keeping regulatory activity moving is intended to avoid operational harm to education programs that rely on timely regulatory changes. The department asked negotiators to raise questions or send written scenarios where needed so staff could provide precise operational answers.

The committee recessed for lunch and ED said it would follow up with specific facility and schedule guidance to all negotiators.