doc. bates doc. subject/title sender all known description ... filedoc. no. bates no(s). doc. date...

FOIA REQUEST NO. 10-01704-F, VAUGHN INDEX

1 of 46

Doc. No.

Bates No(s).

Doc. Date and Time

Subject/Title Sender All Known Recipients

Description

1 001; 0011151

5/28/10 3:50 PM

FW: For-profit education industry

Carmel Martin

Tony Miller; Margot Rogers; Peter Cunningham; Gabriella Gomez; Bob Shireman; Georgia Yuan; Charlie Rose; Martha Kanter; Maribel Duran

Released.2 See Page 001115.

Certain portions had been withheld as exempt under FOIA Exemption 5. See Page 001.

2 00535-00536; 001571-001572; 001676-001677

6/24/10 8:43 AM

GE Meeting Tony Miller Tony Miller; Martha Kanter; Bob Shireman; James Kvaal; Georgia Yuan

Withheld in part (WIP): FOIA Exemption 5. The redacted portions on Pages 001676-001677 are portions of an e-mail string in which senior Department officials are discussing data that could be used to develop the Department’s proposed definition of gainful employment, which is the subject of the Department’s Gainful Employment Notice of Proposed Rule Making (NPRM), and how to structure the discussion of that data. A final rule has not yet been published. The Department has withheld this information to encourage open, frank discussions on matters of policy between subordinates and superiors, to protect against premature disclosure of proposed policies before they are actually adopted. Disclosure of what data may or may not be used to develop the proposed could cause

1 The bolded numbers correspond to the document as last released. The other numbers correspond to earlier releases of the document, which were further segregated or corrected in the final version. 2 “Released” means that the document was released in full.

Case 1:10-cv-01712-RMC Document 17-3 Filed 06/01/11 of 46


2 of 46

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Description

public confusion that might result from the disclosure of reasons and rationales that were not in fact ultimately the grounds for the agency’s policy, especially in light of the fact that the regulatory process is still ongoing.

More of this document was initially withheld and then released. Compare Pages 001571-001572 and 00535-00536. The Department is withholding the portions as shown on Pages 001676-001677 to further segregate releasable information. The document was reviewed for segregability and all non-exempt portions were released.

3 00538; 001574; 001678

5/3/10 9:17 AM

?FW: GE Data Working Group

Tony Miller Greg Schmidt; Stephanie Robinson-Kimble

Released. Portions of this page were initially withheld under FOIA Exemption 5. See Page 001574. Parts were then released. See Page 00538. The entire document was then released. See Page 001678.



3 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

4 00539; 001575

6/24/10 7:32 AM

RE: Info Request Tony Miller Martha Kanter; Bob Shireman; James Kvaal; Georgia Yuan; Keith Ferguson

WIP: FOIA Exemption 5. The redacted portions on Page 00539 are portions of an e-mail string in which senior Department officials are discussing the data that could be used to develop the Department’s proposed definition of gainful employment, which is the subject of the Department’s Gainful Employment NPRM, and how to structure the discussion of that data. A final rule has not yet been published. The Department has withheld this information to encourage open, frank discussions on matters of policy between subordinates and superiors, to protect against premature disclosure of proposed policies before they are actually adopted, and disclosure of what data may or may not be used to develop the proposed protect against public confusion that might result from the disclosure of reasons and rationales that were not in fact ultimately the grounds for the agency’s policy, especially in light of the fact that the regulatory process is still ongoing.

This document was initially released as Page 001575, but re-released as Page 00539 to further segregate releasable information. This document contains the same portions that are withheld on Doc. No. 2. The document was reviewed for segregability and all non-exempt portions were released.



4 of 46

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Doc. Date and Time


Description

5 00540-00549; 001576-001585; 001679-001688

Unknown GE Meeting Tony Miller Martha Kanter; Bob Shireman; James Kvaal; Georgia Yuan

WIP: FOIA Exemption 5. The redacted portions are portions of an e-mail string in which senior Department officials are discussing the data that could be used to develop the Department’s proposed definition of gainful employment, which is the subject of the Department’s Gainful Employment NPRM, and how to structure the discussion of that data. A final rule has not yet been published. The Department has withheld this information to encourage open, frank discussions on matters of policy between subordinates and superiors, to protect against premature disclosure of proposed policies before they are actually adopted, and disclosure of what data may or may not be used to develop the proposed protect against public confusion that might result from the disclosure of reasons and rationales that were not in fact ultimately the grounds for the agency’s policy, especially in light of the fact that the regulatory process is still ongoing.

This document was initially released as Pages 001576-001577. It was re-released as Pages 00540-00541 and most recently as 001679-001688 to further segregate releasable information. This document contains the same portions that are withheld on Doc. Nos. 2 and 4. The document was reviewed for segregability and all non-exempt portions were released.



5 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

6 00550-00553; 001586-001589

5/27/10 3:53AM

Re: ATTORNEY-CLIENT COMMUNICATION-PRIVILEGED AND CONFIDENTIAL -

Tony Miller Margot Rogers WIP: Nonresponsive. This document is not responsive to the FOIA Request: it is completely unrelated to for-profit education. Rather, the e-mail string reflects a communication wherein Agency counsel and staff were discussing draft correspondence to be sent to guaranty agencies with which the Department interacts. Portions of the document, however, were withheld under FOIA Exemption 5 and initially released as Pages 001586-001589, and inadvertently re-released as Pages 00550-00553.



6 of 46

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Doc. Date and Time


Description

7 00554; 001590; 001689

5/12/10 9:31 AM

RE: ED_List_of_Documents_for_OMB_Review_05-07-10

Tony Miller Martha Kanter; Bob Shireman; Jason Synder; Alexa Posny; Jim Shelton; Thelma Melendez; Carmel Martin

WIP: Nonresponsive. This document is not responsive to the FOIA Request. It does not reflect a communication regarding for-profit education that is either: (a) to, from, or between a Department official and the external entities identified on the FOIA Request or former Deputy Under Secretary Robert Shireman; or (b) between Department officials regarding communication to, from, or between a Department official and the external entities in the FOIA Request. Rather, it is a request from Deputy Secretary Tony Miller to senior Department officials to review and discuss the status of various policy documents.

This document was initially released as Page 001590, and re-released as Page 00554; both with information identified as withheld under FOIA Exemption 5. It was most recently released as Page 001689.



7 of 46

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8 00555-00561; 001591-001597; 001690-001696

5/7/10 10:31 AM

RE: New Draft Spending Plan Priority

Jason Synder

Bob Shireman; Brenda Dann-Messier; Dan Madzelan; Carol Cichowski; Michael Dannenberg; Keith Ferguson; Alejandra Ceja; Judy Wurtzel; David Bergeron

WIP: FOIA Exemption 5. The redacted portions of the document, which are an e-mail string and a draft memorandum, are withheld as shown on Pages 001690-001696. The portions withheld reflect an opinion on the attached draft memorandum regarding the Department’s spending priorities; discuss the substance of the priorities and framework for further development of them; propose other priorities; and request recommendations regarding the priorities. The Department has withheld this information to encourage open, frank discussions on matters of policy between subordinates and superiors, to protect against premature disclosure of proposed policies before they are actually adopted, and protect against public confusion that might result from the disclosure of reasons and rationales that were not in fact ultimately the grounds for the agency’s policy.

This document was initially released as Pages 001591-001597, but re-released as Pages 00555-00561 and most recently as 001690-001696 to further segregate releasable information. The document was reviewed for segregability and all non-exempt portions were released.



8 of 46

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9 00562-00566; 001598-001602;001697- 001701

5/3/10 9:27 PM

Fw: Gainful Employment – Key Questions & Analyses

Tony Miller Margot Rogers WIP: FOIA Exemption 5. As explained on Page 001697, the Department has withheld “a working draft of materials intended to frame” a discussion between senior Department officials regarding the substance of the Department’s Gainful Employment NPRM and structuring the process for further discussions of the proposed rule. The redacted portions also make a recommendation regarding the persons involved in the policy-making process. The Department has withheld this information to encourage open, frank discussions on matters of policy between subordinates and superiors, to protect against premature disclosure of proposed policies before they are actually adopted, and protect against public confusion that might result from the disclosure of reasons and rationales that were not in fact ultimately the grounds for the agency’s policy, especially in light of the fact that the regulatory process is still ongoing.

This document was initially released as Pages 001598-001602, and re-released as Pages 00562-00566 and most recently as 001697-001701 to further segregate releasable information. The document was reviewed for segregability and all non-exempt portions were released.



9 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

10 00567-00568; 001603-001604; 001702-001703

5/18/10 4:24 PM

RE: Tony and Bobs comments on GE

John Kolotos

Tony Miller; Fred Sellers; Bob Shireman; David Bergeron; Stephanie Fine; Leigh Arsenault; Ann Manheimer; Dan Madzelan

WIP: FOIA Exemption 5. The portions of the document, which is an e-mail string, withheld as shown on Pages 001702-001703 are discussions between senior Department officials regarding the development of Department’s proposed definition of gainful employment, including the minimum standards to be or not be included in the proposal. The Department has withheld this information to encourage open, frank discussions on matters of policy between subordinates and superiors, to protect against premature disclosure of proposed policies before they are actually adopted, and protect against public confusion that might result from the disclosure of reasons and rationales that were not in fact ultimately the grounds for the agency’s policy, especially in light of the fact that the regulatory process is still ongoing.

This document was initially released as Pages 001603-001604 and re-released as Pages 00567-00568 and most recently as pages 001702-001703 to further segregate releasable information. The document was reviewed for segregability and all non-exempt portions were released.



10 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

11 00569-00570; 001605-001606; 001704-001705

RE: Tony and Bobs comments on GE

Fred Sellers Tony Miller; Bob Shireman; David Bergeron; Stephanie Fine; Leigh Arsenault; Ann Manheimer; John Kolotos; Dan Madzelan

WIP: FOIA Exemption 5. The portions of the document, which is an e-mail string, withheld as shown on Pages 001704-001705, are discussions between senior Department officials regarding the development of Department’s proposed definition of gainful employment, including the minimum standards to be or not be included in the proposal. The Department has withheld this information to encourage open, frank discussions on matters of policy between subordinates and superiors, to protect against premature disclosure of proposed policies before they are actually adopted, and protect against public confusion that might result from the disclosure of reasons and rationales that were not in fact ultimately the grounds for the agency’s policy, especially in light of the fact that the regulatory process is still ongoing.

This document was initially released as Pages 001605-001606 and re-released as Pages 00569-00570 and most recently as pages 001704-001705 to further segregate releasable information. This document is duplicative of Doc. No. 10. The document was reviewed for segregability and all non-exempt portions were released.



11 of 46

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12 00571-00575; 001607-001611

5/24/10 8:43 AM

RE: Guaranty Agency FINAL Letter

Margot Rogers

Tony Miller WIP: Nonresponsive. This entire document is not responsive to the FOIA Request: it is completely unrelated to for-profit education. Rather, the redacted portions reflect communications related to draft correspondence to guarantee agencies from the Department. Portions of this document were mistakenly withheld under FOIA Exemption 5 and released as Pages 001607-001611, and inadvertently re-released as Pages 00571-00575.

13 00576-00580; 001612-001616

5/24/10 6:47 AM

RE: Guaranty Agency FINAL Letter

Margot Rogers

Tony Miller WIP: Nonresponsive. This entire document is not responsive to the FOIA Request: it is completely unrelated to for-profit education. Rather, the redacted portions reflect communications related to draft correspondence to guaranty agencies from the Department. Portions of this document were mistakenly withheld under FOIA Exemption 5 and released as Pages 001612-001616, and inadvertently re-released as Pages 00576-00580. This document is duplicative of Doc. No. 12.



12 of 46

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14 00581-00582; 001617-001618

5/13/10 9:19 PM

RE: Information on OIG audits of proprietary schools

Mary Mitchelson

Kathleen Tighe; Teresa Clark; Stephanie Fine; Bob Shireman

WIP: Nonresponsive. This entire document is Nonresponsive. It does not reflect any discussions of for-profit education to, from, or between Department officials and the persons and entities listed in the FOIA Request. Rather, the redacted portions reflect an internal discussion between Department officials related to audits and not a discussion of any communication with the external entities listed in the FOIA Request. This document was initially released as Pages 001617-001618 advertently re-released as Pages 00581-00582.

15 00596; 001672; 001706

4/29/10 7:49 AM

Fw: Here’s the story: “Comparing Higher ED to Wall Street” Gainful Employment House Briefing

Margot Rogers

Tony Miller Released. See Page 001706. Portions of the document were initially withheld under FOIA Exemption 5. See Pages 00596; 001672.

16 00597; 001673; 001707

Released: this document is a duplicate of Doc. No. 15. It was re-released in its entirety as Page 001707. Portions of the document were initially withheld under FOIA Exemption 5. See Pages 00597; 001673.

17 00600; 001765

5/1/10 8:04 AM

RE: Touching Base

Bob Shireman

Jim Shelton Released. See Page 001765. Portions of the document were initially withheld under FOIA Exemption 6. See Page 00600.



13 of 46

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Doc. Date and Time


Description

18 00601 5/4/10 12:56 PM

RE: Checking In Martha Kanter

Joanne Weiss WIP: FOIA Exemption 5. The information withheld on this document reflects a discussion between senior Department officials regarding responding to external inquiries regarding the substance of the Department’s proposed definition of gainful employment while the Department was developing the proposed Gainful Employment rule. The Department has withheld this information to encourage open, frank discussions on matters of policy between subordinates and superiors and protect against public confusion that might result from the disclosure of reasons and rationales that were not in fact ultimately the grounds for the agency’s policy, especially in light of the fact that the regulatory process is still ongoing. The document was reviewed for segregability and all non-exempt portions were released.

19 00608-00610

6/21/10 6:16 PM

RE: Agenda for RESCHEUDLED: Follow-Up Meeting: Student Loan Meeting with OMB

Kathryn B. Stack

Lauren Walizer; Williams Graham; Thomas Skelly; Carmel Martin; Zakiya Smith; Neil Campbell; Robert M. Gordon; David Rowe; Erin McNeece; Nicholas C. Lee; Sarah Lyberg; Bill Taggart; John Hurt;

WIP: FOIA Exemption 5 and Nonresponsive. The top portion of Page 00609 is withheld because it reflects a communication between the White House Office of Management and Budget (OMB) and senior Department officials regarding a proposed process for inter- and intra-agency discussions regarding data to be analyzed that could be used in the development to the Department’s proposed definition of gainful employment. The Department has withheld this information to encourage open, frank discussions on matters of policy between subordinates and superiors, to protect against premature disclosure of proposed



14 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

Leigh Arsenault; Francis Lishaun; Margaret Gebhard; Elizabeth N. Emanuel

policies before they are actually adopted, and protect against public confusion that might result from the disclosure of reasons and rationales that were not in fact ultimately the grounds for the agency’s policy, especially in light of the fact that the regulatory process is still ongoing.

The bottom portion is not responsive because it does not reflect a communication regarding for-profit education that is either: (a) to, from, or between a Department official and the external entities identified on the FOIA Request or former Deputy Under Secretary Robert Shireman; or (b) between Department officials regarding communication to, from, or between a Department official and the external entities identified on the FOIA Request. Rather, it is a communication among senior Department officials and OMB officials in which Mr. Shireman was not involved. The document was reviewed for segregability and all non-exempt and responsive portions were released.

20 00611-00612

6/24/10 11:17 AM

RE: Agenda for RESCHEUDLED: Follow-Up Meeting: Student Loan Meeting with OMB

Kathryn B. Stack

James Kvaal WIP: FOIA Exemption 5. The redacted portion of Page 00611 is withheld because it reflects a communication between OMB and senior Department officials regarding a proposed process for inter- and intra-agency discussions regarding data to be analyzed that was could be used in the development to the Department’s proposed definition



15 of 46

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of gainful employment. - The Department has withheld this information to encourage open, frank discussions on matters of policy between subordinates and superiors, to protect against premature disclosure of proposed policies before they are actually adopted, and protect against public confusion that might result from the disclosure of reasons and rationales that were not in fact ultimately the grounds for the agency’s policy, especially in light of the fact that the regulatory process is still ongoing.

WIP: Nonresponsive. The redacted portion on Page 00612 is not responsive because it does not reflect a communication regarding for-profit education that is either: (a) to, from, or between a Department official and the external entities identified on the FOIA Request or former Deputy Under Secretary Robert Shireman; or (b) between Department officials regarding communication to, from, or between a Department official and the external entities in the FOIA Request. . Rather, it is a communication among senior Department officials and OMB officials in which Mr. Shireman was not involved.

The portions withheld here are duplicates of the communication redacted on Doc. No. 19. The document was reviewed for segregability and all non-



16 of 46

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exempt and responsive portions were released.

21 00613; 001539

6/16/10 6:43 PM

RE: What’s your phone number these days?

James Kvaal Pauline Abernathy Released. See Page 001539. Certain portions of this document had been withheld under FOIA Exemption 6 (see Page 00613), but the document was released in its entirety.

22 00614-00617; 001708-001709

6/1/10 3:18 PM

FW: Today’s Call Phil Martin Bob Shireman Released. See pages 001708-001709. Certain portions of this document had been withheld under FOIA Exemption 6 (see Pages 00614-00617), but the document released in its entirety.

22A 00336-00337; 00616-00617; 001540-001541

Unknown Unknown Unknown Unknown Released. See Pages 00336-00337. This document had been withheld as exempt under FOIA Exemption 5 (see Pages 00616-00617) and as Nonresponsive. See Pages 001540-001541.

23 00618-00620; 001542; 001767-001768

5/21/10 12:02 PM

RE: REMINDER: 8am Senior Staff Meeting Tomorrow -- Materials for those on the phone

Katherine Tobin

Bob Shireman Released. See Pages 001767-001768. Certain portions of this document had been withheld under FOIA Exemption 5 (see Pages 00618-00620), but the document released in its entirety. Page 001542 is a duplicate of 00619; it was mistakenly re-released.



17 of 46

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Bates No(s).

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Description

24 00622; 001710

5/17/10 Chronicle Letter David Hawkins

Pauline Abernathy; Margaret Reiter; Amanda Modar; Angela Peoples; Barmak Nassirian; Debbie Frankle Cochrane [email protected]; Connie Myers; Deanne Loonin; James Simpson; [email protected]; Lauren Asher; Liz Bladwin; Margaret Reiter; Steve Burd; Susan Lehr; Edie Irons; Michelle Rodriguez; Luke Kipp; Laura Szabo-Kubitz; Michael Dannenberg; Bob Shireman

Released. See Page 001710. Certain portions of this document had been withheld under FOIA Exemption 6 (see Page 00622), but the document was released in its entirety.



18 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

25 00623; 001766

5/14/10 4:32 PM

Re: Gainful Calendar

Bob Shireman

Elizabeth McFadden,

WIP: Nonresponsive. The top portion of the e-mail on Page 001766 is not related to any communications to, from, or between any Department official and any of the people or entities identified in the FOIA Request regarding for-profit education. It is a personal note concerning the sender’s family.

WIP: FOIA Exemption 5: the bottom portion of the e-mail on Page 001766 is an inter-agency communication from an attorney, Georgia Yuan, Office of General Counsel (OGC), providing a recommendation concerning the Department’s approach to the proposed Gainful Employment rule. The Department has withheld this information to encourage open, frank discussions on matters of policy between subordinates and superiors, to protect against premature disclosure of proposed policies before they are actually adopted, and protect against public confusion that might result from the disclosure of reasons and rationales that were not in fact ultimately the grounds for the agency’s policy, especially in light of the fact that the regulatory process is still ongoing.

The document was re-released as Page 001766 to further segregate releasable information. It was reviewed for segregability and all non-exempt portions were released.



19 of 46

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Description

26 00624; 001711

5/7/10 8:27 AM

FW: Bob Shireman remarks

Jane Glickman

Ann Manheimer; Leigh Arsenault; Stephanie Babyak


27 00626 5/6/10 8:46 PM

RE: Quick question for you

Bob Shireman

Elise Miller WIP: FOIA Exemption 5. The redacted information on Page 00626 reflects a discussion between Department officials regarding data collection and analysis under consideration in the Development of the Department’s proposed Gainful Employment rule. The Department has withheld this information to encourage open, frank discussions on matters of policy between subordinates and superiors, to protect against premature disclosure of proposed policies before they are actually adopted, and protect against public confusion that might result from the disclosure of reasons and rationales that were not in fact ultimately the grounds for the agency’s policy, especially in light of the fact that the regulatory process is still ongoing.

The document was reviewed for segregability and all non-exempt portions were released.

28 00628-00629; 001712-001713

5/5/10 5:05 PM

FW: Request to direct inquire to Program other than OIG and FSL

Edgar Mayes

Leigh Arsenault Released. See Pages 001712-001713. Certain portions of this document had been withheld under FOIA Exemption 6 (see Pages 00628-00629), but the document was released in its entirety.



20 of 46

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29 00635-00637; 001714

5/4/10 4:05 PM

FW: THE SUB-PRIMING OF STUDENTS: WHAT YOU NEED TO KNOW BEFORE ENROLLING

Bob Shireman

Peter Cunningham; Justin Hamilton

Released. See Page 001714. Certain portions of this document had been withheld under FOIA Exemption 6 (see Pages 00635-00637), but the document was released in its entirety.

30 00643-00646; 001715-001718

4/30/10 12:11 PM

RE: interview request from dan golden/Bloomberg news

Peter Cunningham

Bob Shireman; Justin Hamilton

Released. See Pages 001715-001718. Certain portions of this document had been withheld under FOIA Exemptions 5 and 6 (see Pages 00643-00646), but the document was released in its entirety.

31 00647-00648; 001719-001720

4/30/10 10:39 AM

FW: Arne’s Frontline interview today

Bob Shireman

Justin Hamilton Released. See Pages 001719-001720. Certain portions of this document had been withheld under FOIA Exemption 5 (see 00647-00648), but the document was released in its entirety.

32 00649; 001721

4/27/10 2:49 PM

Meeting request on behalf of the Charleston School of Law and Blank Rome Government Relations

Gena Williams

Bob Shireman; Georgia Yuan (OGC); Dwayne Andrews

Released. See Pages 001721. Certain portions of this document had been withheld under FOIA Exemption 6 (see Page 00649), but the document was released in its entirety.



21 of 46

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Bates No(s).

Doc. Date and Time


Description

33 00650; 001722

4/25/10 3:42 PM

AG investigations Pauline Abernathy

Pauline Abernathy; Deanne Looinin; Margaret Reiter; Lauren Asher; Barmak Nassirian; Chris Linstrom; Steve Burd; Connie Myers; Luke Klipp; Michelle Rodriguez; Edie Irons; Ann Manheimer; Leigh Arsenault


34 00651; 001723

4/22/10 10:19 AM

Re: ITT Educational services lawsuit

Jamienne S. Studley

Pauline Abernathy; Ann Manheimer; Leigh Arsenault; Debbie Frankle Cochrane


35 00652; 001724

4/22/10 7:56 PM

RE: Hoping to Schedule

Bob Shireman

David Baime Released. See Page 001724. Certain portions of this document had been withheld under FOIA Exemption 6 (see Page 00652), but the document was released in its entirety.



22 of 46

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Doc. Date and Time


Description

36 00653; 001725

4/22/10 6:24 AM

Hoping to Schedule

David Baime

Bob Shireman Released. See Page 001725. Certain portions of this document had been withheld under FOIA Exemption 6 (see Page 00653), but the document was released in its entirety.

37 00654-00655; 001543; 001739-001740

4/22/10 6:12 AM

Re: CCA outreach to Mayors against gainful employment

Stacey Jordan

Bob Shireman; Adam Honeysett

WIP: FOIA Exemption 5. The redacted information on Page 001739 reflects Mr. Shireman’s intention to seek legal counsel on a particular issue related to the regulatory process.

Other portions of the document were initially withheld under FOIA Exemptions 5 and 6. See Pages 00654; 001543. The document was reviewed for segregability and all non-exempt portions were released as Page 001739.

38 00656; 001726

4/21/10 10:45 AM

Going Ahead Tina Milano Bob Shireman; Greg Darnieder


39 00657-00660; 001544; 001727-001730

4/14/10 5:45 PM

Re: Cariello Bob Shireman

Leigh Arsenault; Georgia Yuan

Released. See Pages 001727-001730. Certain portions of this document had been withheld under FOIA Exemptions 5 and 6. See Pages 00657-00660; 001544. The document was later released in its entirety.



23 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

40 00661-00664; 001731-001734

4/13/10 2:03

FW: Press Question on Gainful Employment Gains

Leigh Arsenault

Stephanie Babyak; Jane Glickman

Released. See Pages 001731-001734. Portions of the document were initially redacted as exempt under FOIA Exemptions 5 and 6. See Pages 00661-00664.

41 00665-00666; 001545; 001735-001736

4/12/10 11:48 AM

Re: BLS Wages Versus Actual Wages -- Impact on Eligibility Under the Gainful Employment Proposal

Harris Miller

Bob Shireman Released. See Pages 001735-001736. Certain portions were withheld under FOIA Exemption 6. See 00665-00666. Page 00665 was also re-released as Page 001545.

42 00667-00670; 001737-001738

4/9/10 1:11 PM

RE: Young people and financial reform

Leigh Arsenault

Pauline Abernathy Released. See Pages 001737-001738. Certain portions were initially withheld under FOIA Exemption 6. See Pages 00665-00666.

43 00671; 001757

4/12/10 11:37 AM

Re: AOL NEWS-2nd request

Bob Shireman

Stephanie Babyak Released. See Page 001757. Certain portions were initially withheld under FOIA Exemption 5. See Page 00671.



24 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

44 00672-00674; 001755-001756

4/29/10 7:50 AM

RE: Here’s the story: “Comparing Higher ED to Wall Street”

Margot Rogers

Peter Cunningham; Martha Kanter; Tony Miller

WIP: Nonresponsive. The top portion of Page 001755 is not related to any communication to, from, or between any Department official and any of the people or entities identified in the FOIA Request regarding for-profit education. It is a personal note concerning a medical issue.

WIP: FOIA Exemption 5. The second redacted portion on Page 001755 is withheld because it is an inter-agency communication between senior Department officials regarding developing an approach to managing external communications related to for –profit education during the development of the proposed Gainful Employment rule. The Department has withheld this information to encourage open, frank discussions on matters of policy between subordinates and superiors.

The document was initially released as Pages 00672-00674, and re-released as Pages 001755-001756 to further segregate releasable information. The document was reviewed for segregability and all non-exempt portions have been released.



25 of 46

Doc. No.

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Doc. Date and Time


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45 00675-00676; 001741-001742

4/30/10 10:30 M

GE msg Bob Shireman

Michael Dannenberg

WIP: FOIA Exemption 5. Certain portions of this document (Pages 001741-001742) were withheld because they reflect an internal discussion between Department officials regarding developing the Department’s strategy for managing external communications regarding the proposed Gainful Employment regulations, including making recommendations for this policy. The Department has withheld this information to encourage open, frank discussions on matters of policy between subordinates and superiors, to protect against premature disclosure of proposed policies before they are actually adopted, and protect against public confusion that might result from the disclosure of reasons and rationales that were not in fact ultimately the grounds for the agency’s policy, especially in light of the fact that the regulatory process is still ongoing.

This document was initially released as Page 0000675-00676 and re-released as Pages 001741-001742. The document was reviewed for segregability and all non-exempt portions have been released.



26 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

46 00677-00678; 001743-001744

5/5/10 9:31 AM

Re: Would you have time for

Ralph Wolff Bob Shireman Released. See Pages 001743-001744. Certain portions were initially withheld under FOIA Exemption 6. See Pages 00677-00678.

47 00679-00680; 001546

5/17/10 9:09 PM

RE: your pal Bob Shireman

Bob Shireman

David Vladeck; [email protected]

WIP: Nonresponsive. This document is not responsive to the FOIA Request. It does not reflect a communication regarding for-profit education that is either: (a) to, from, or between a Department official and the external entities identified on the FOIA Request or former Deputy Under Secretary Robert Shireman; or (b) between Department officials regarding communication to, from, or between a Department official and the external entities in the FOIA Request. Rather, it is a mostly personal note between Mr. Shireman and David Vladeck.

Page 00679 was re-released as Page 001546 to identify the redacted portions as Nonresponsive.



27 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

48 00681-00682

5/10/10 1:26 PM

FW: Hi mr secretary

Bob Shireman

Gabriella Gomez WIP: FOIA Exemption 6. The redacted portion on Page 00681 is a portion of an e-mail address of an employee of the U.S. House of Representatives. The Department understands that these e-mail addresses are generally not public information and integral to employee’s job function. That is, public disclosure may compromise their ability to conduct their duties and responsibilities. Release of the e-mail address sheds no light on the Department’s activities. As a result, public disclosure of this information would constitute a clearly unwarranted intrusion in the person’s privacy that is not outweighed by any public interest. The document was reviewed for segregability and all non-exempt portions were released.

49 00683-00684; 001745-001746

6/18/10 5:13 PM

RE: debt to income ratio spreadsheets

Bob Shireman

Jessica Shedd; Tom Weko; David Bergeron; Elise Miller

Released. See Pages 001745-001746. Certain portions were initially withheld under FOIA Exemption 6. See Pages 00683.



28 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

50 00710-00711; 001747-001748

4/28/10 5:21 PM

Re: Elimination of the Safe Harbors for Incentive Compensation

Bob Shireman

Russell Wolff (OGC); Jennifer Woodward (OGC); Ann Manheimer

WIP: FOIA Exemption 5. The redacted portions of this document on Pages 001747-001748 are withheld because they are inter-agency, attorney-client, and pre-decisional communications reflecting a request to legal counsel for advice regarding the proposed program integrity regulations and the substance of that advice.

The document was initially released as Page 00710-00711. It was reviewed for segregability and all non-exempt portions were released as Pages 001747-001748.



29 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

51 001052-001057; 001750-001754

Unknown Summer/Fall Negotiated Rulemaking Written Submissions

Unknown Unknown WIP: FOIA Exemption 6. The redacted portions of this document are personal e-mail addresses and one phone number of private individuals. These email addresses are related to the individuals’ comments regarding their personal opinions or experience with for-profit education and/or student loans and were not submitted to the Department. Thus, release of this information would not shed light on the Department’s activities. As a result, public disclosure of this information would constitute a clearly unwarranted intrusion in the person’s privacy that is not outweighed by any public interest.

The document was re-released as Pages 001750-001754 to further segregate releasable material. The document was reviewed for segregability and all non-exempt portions were released.

52 001085 8/20/10 7:29 AM

RE: Clarifying questions on repayment rate

John Kolotos

Susan Chesley WIP: FOIA Exemption 5. The redacted portion on Page 001085 was an inter-agency communication reflecting pre-decisional communication regarding hypothetical data analysis related to the still-unpublished program integrity regulations. It was reviewed for segregability and all non-exempt portions were released.



30 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

53 001244 4/15/10 9:16 AM

RE: Application of GE

John Kolotos

Ann Manheimer WIP: FOIA Exemption 5. The redacted information on Page 001244 discusses and memorializes a Department staff member’s intention to seek advice from legal counsel regarding the Department’s proposed rulemaking. It was reviewed for segregability and all non-exempt portions were released.

54 001253-001257

7/26/10 Fwd: “analysis, additional data” link in gainful employment press release

Kirk Winters

Kathleen Smith WIP: Nonresponsive. Portions of this document were mistakenly withheld under FOIA Exemption 5, but the entire document is Nonresponsive. See Pages 001253-001254. The document does not reflect a communication regarding for-profit education that is either: (a) to, from, or between a Department official and the external entities identified on the FOIA Request or former Deputy Under Secretary Robert Shireman; or (b) between Department officials regarding communication to, from, or between a Department official and the external entities in the FOIA Request. Rather, it is a discussion among Department staff regarding publication of information on the Department’s website regarding its proposed Gainful Employment rule.



31 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

55 001332; 001781

Withheld in full (WIF): Non-responsive. It does not reflect a communication regarding for-profit education that is either: (a) to, from, or between a Department official and the external entities identified on the FOIA Request or former Deputy Under Secretary Robert Shireman; or (b) between Department officials regarding communication to, from, or between a Department official and the external entities in the FOIA Request. It is an inter-agency communication reflecting pre-decisional and deliberative discussion regarding a proposed programmatic activity. Release of this information could compromise the integrity of the Department’s ability to discuss and/or conduct the proposed programmatic activity in a frank and open manner.

56 001337-001341

5/4/10 materials for potential meeting on accreditation

Ann Manheimer

Bob Shireman; Kay Gilcher; Angela Estrella-Lemus; Ann Manheimer

WIP: Nonresponsive. The withheld pages do not reflect a communication regarding for-profit education that is either: (a) to, from, or between a Department official and the external entities identified on the FOIA Request or former Deputy Under Secretary Robert Shireman; or (b) between Department officials regarding communication to, from, or between a Department official and the external entities in the FOIA Request. The pages were identified as withheld under FOIA Exemption 5 because they are a draft Power Point internal presentation regarding the role of The National Advisory Committee on Institutional Quality and Integrity.



32 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

57 001342-001347; 001757-001762

5/3/10 2:57 PM

FW: New Draft Spending Plan Priority

Ann Manheimer

Bob Shireman; John O’Bergh; Dan Madzelan; Francine Picoult; Alejandra Ceja; Zakiya Smith

WIP: FOIA Exemption 5. The portions of the document are withheld as shown on Pages 001757-001762. The portions withheld reflect an opinion on the attached draft memorandum regarding the Department’s spending priorities; discuss the substance of the priorities and framework for further development of them; propose other priorities; and request recommendations regarding the priorities. The Department has withheld this information to encourage open, frank discussions on matters of policy between subordinates and superiors, to protect against premature disclosure of proposed policies before they are actually adopted, and protect against public confusion that might result from the disclosure of reasons and rationales that were not in fact ultimately the grounds for the agency’s policy.

This document was initially released as Pages 001342-001347 and further segregated to release non-exempt material. The document was reviewed for segregability and all non-exempt portions were released. It is duplicative of Doc. No. 8.



33 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

58 001348; 001779

Unknown Canceled: predecisional discussion of proposed GE definition and implementation issues

Ann Manheimer

Robin Minor; Patricia Patterson; Geneva Leon; Steve Finley; Bob Shireman; John Kolotos; Fred Sellers; Dan Klock; Georgia Yuan (OGC); Harold Jenkins(OGC); Ron Bennett; Valerie Sherrer; Wendy Jerreld; David Bergeron; Harold McCullough; Jeff Baker; James Manning; Leigh Arsenault

WIP: FOIA Exemption 6. The redacted portions on Page 001779 are a passcode withheld because the privacy interest is outweighed by the public interest in its release. The phone number and code are regularly used by Assistant Secretary Martha Kanter in the course of conducting her duties and responsibilities. This code is therefore integral to her job function. If the code is released to the public, any person will be able to listen to private meetings and potentially compromise her job performance. The code, however, does not shed any light on the Department’s activities. As a result, public disclosure of this information would constitute a clearly unwarranted intrusion in the person’s privacy that is not outweighed by any public interest.

This document was initially released as Pages 001348, but was re-released to further segregate releasable information. See Page 1779. The document was reviewed for segregability and all non-exempt portions were released.



34 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

59 001349; 001780

Unknown FW: predecisional discussion of proposed GE definition and implementation issues

Ann Manheimer

Ann Manheimer WIP: FOIA Exemption 6. The redacted portions on Page 001780 are a passcode withheld because the privacy interest is outweighed by the public interest in its release. The phone number and code are regularly used by Assistant Secretary Martha Kanter in the course of conducting her duties and responsibilities. This code is therefore integral to her job function. If the code is released to the public, any person will be able to listen to private meetings and potentially compromise her job performance. The code, however, does not shed any light on the Department’s activities. As a result, public disclosure of this information would constitute a clearly unwarranted intrusion in the person’s privacy that is not outweighed by any public interest.




35 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

60 001374 (WIF): Nonresponsive. This entire e-mail string is withheld because it is not responsive to the FOIA request. It does not reflect a communication regarding for-profit education that is either: (a) to, from, or between a Department official and the external entities identified on the FOIA Request or former Deputy Under Secretary Robert Shireman; or (b) between Department officials regarding communication to, from, or between a Department official and the external entities in the FOIA Request. It is an inter-agency communication reflecting pre-decisional and deliberative discussion regarding a proposed programmatic activity. Release of this information could compromise the integrity of the Department’s ability to discuss and/or conduct the proposed programmatic activity in a frank and open manner.

61 001375-001376; 001769-001770

4/9/10 6:19 PM

RE: legislative history on gainful employment

Harold Jenkins (OGC)

Steve Finley (OGC); Ronald Sann (OGC)

WIP: FOIA Exemption 5. The redacted portions of this document (Pages 001769-001770) are withheld because they are inter-agency, attorney-client, and pre-decisional communications reflecting a request to legal counsel for advice and the substance of that advice regarding the Department’s proposed program integrity regulations.

This document was initially released as Pages 001375-001376, but was re-released as pages 001769-001770 to further segregate releasable information. The document was reviewed for segregability and all non-exempt portions were released.



36 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

62 001377; 001781

4/28/10 3:43 PM

?Canceled: predecisional discussion of proposed GE definition and implementation issues

Ann Manheimer

Ann Manheimer; Robin Minor; Patricia Patterson; Geneva Leon; Steve Finley; Bob Shireman; John Kolotos; Fred Sellers; Dan Klock; Georgia Yuan(OGC); Harold Jenkins(OGC); Ron Bennett; Valerie Sherrer; Wendy Jerreld; David Bergeron; Harold McCullough; Jeff Baker; James Manning; Leigh Arsenault

WIP: FOIA Exemption 6. The redacted portions on Page 001781 are a passcode withheld because the privacy interest is outweighed by the public interest in its release. The phone number and code are regularly used by Assistant Secretary Martha Kanter in the course of conducting her duties and responsibilities. This code is therefore integral to her job function. If the code is released to the public, any person will be able to listen to private meetings and potentially compromise her job performance. The code, however, does not shed any light on the Department’s activities. As a result, public disclosure of this information would constitute a clearly unwarranted intrusion in the person’s privacy that is not outweighed by any public interest.


63 001381 (WIF): Nonresponsive. This entire e-mail string is withheld because it is not responsive to the FOIA request. It does not reflect a communication regarding for-profit education that is either: (a) to, from, or between a Department official and the external entities identified on the FOIA Request or former Deputy Under Secretary Robert Shireman; or (b) between Department officials regarding communication to, from, or between a Department official and the external entities in the FOIA Request. Release of this information could compromise the integrity of the Department’s ability to discuss and/or conduct the proposed programmatic activity in a frank and open manner.



37 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

64 001383-001386; 001769-001772

5/6/10 3:55 PM

RE: Request for Meeting

Massie Ritsch

Stephanie Fine WIP: FOIA Exemption 5. The redacted portions of this document (see Pages 001769-001770) are an e-mail string, in which Department staff make recommendations and express opinions regarding responding to a request for a meeting from an external entity while the Department was developing its proposed rule on Gainful Employment rule. The Department has withheld this information to encourage open, frank discussions on matters of policy between subordinates and superiors, to protect against premature disclosure of proposed policies before they are actually adopted, and protect against public confusion that might result from the disclosure of reasons and rationales that were not in fact ultimately the grounds for the agency’s policy.

This document was initially released as Pages 001383-001386, but was re-released as pages 001769-001772 to further segregate releasable information. The document was reviewed for segregability and all non-exempt portions were released.



38 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

65 001393-001397; 001773-001777

5/6/10 3:55 PM

RE: Request for Meeting

Massie Ritsch

Stephanie Fine WIP: FOIA Exemption 5. The redacted portions of this document (see Pages 001773-001775) are an e-mail string, in which Department staff make recommendations and express opinions regarding responding to a request for a meeting from an external entity while the Department was developing its proposed rule on Gainful Employment rule. The Department has withheld this information to encourage open, frank discussions on matters of policy between subordinates and superiors, to protect against premature disclosure of proposed policies before they are actually adopted, and protect against public confusion that might result from the disclosure of reasons and rationales that were not in fact ultimately the grounds for the agency’s policy.

This document was initially released as Pages 001393-001397, but was re-released as pages 001773-001777 to further segregate releasable information. It is also is duplicative of Doc. No. 65. The document was reviewed for segregability and all non-exempt portions were released.



39 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

66 001408-001409

5/27/10 6:41 PM

Fw: Data and Training

Gabriella Gomez

Bob Shireman WIP: FOIA Exemption 6. The redacted portions are portions of e-mail addresses of employees of the U.S. House of Representatives. See Page 001408. The Department understands that these e-mail addresses are generally not public information and integral to employees’ job functions. That is, public disclosure may compromise their ability to conduct their duties and responsibilities. Release of the e-mail address sheds no light of the Department’s activities. As a result, public disclosure of this information would constitute a clearly unwarranted intrusion in the person’s privacy that is not outweighed by any public interest. It was reviewed for segregability and all non-exempt portions were released.

67 001417; 001763

4/9/10 1:32 PM

Gainful Employment numbers

Cynthia Hammond

Cynthia Hammond; Kristen Adams; David Bergeron; Gabriella Gomez; Bob Shireman; David Cleary; Amy Raaf

Released. See Page 001763. Certain portions were initially withheld under FOIA Exemption 6. See Page 001417.



40 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

68 001418 4/14/10 1:57 PM

Gainful Employment

Cynthia Hammond

Cynthia Hammond; Bob Shireman; Gabriella Gomez; Kristen Adams; Liz Hollis; Julie Radiocchi

WIP: FOIA Exemption 6. The redacted portion is a portion of an e-mail address of an employee of the U.S. House of Representatives. See Page 001418. The Department understands that this e-mail address is generally not public information and integral to the employee’s job function. That is, public disclosure may compromise her ability to conduct her duties and responsibilities. Release of the e-mail address sheds no light of the Department’s activities. As a result, public disclosure of this information would constitute a clearly unwarranted intrusion in the person’s privacy that is not outweighed by any public interest. It was reviewed for segregability and all non-exempt portions were released.

69 001419; 001764

4/20/10 12:49 PM

Gainful Employment House Briefing

Cynthia Hammond

Cynthia Hammond; Bob Shireman; David Bergeron; Gabriella Gomez; Kristen Adams; Leigh Arsenault; Julie Radiocchi


70 001424; 001778

Unknown Confirmed – meeting with Diane Schulman et. al on for profit research

Kathleen Smith

David Bergeron; Bob Shireman; Leigh Arsenault




41 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

001540-001541

This is a duplicate page from Doc. No. 22A, above. See Page 00619.

1542 This page is a duplicate of Pages 00654 and 001739. See Doc. No. 39.

001543 This page is a duplicate of Pages 00657 and 001727. See Doc. No. 41.

001544 This document is a duplicate of Doc. No. 43

001545 This document is a duplicate of Doc. No. 44.

001546 This is a duplicate page from Doc. No. 22A, above. See Page 00619.

71 001419; 00529

6/24/10 11:50 AM

OMB Call on Gainful Employment

Tony Miller Tony Miller; Bob Shireman; Georgia Yuan; Elizabeth McFadden; James Kvaal


72 001566; 00530

5/11/10 4:49 PM

OMB/ED GE Conference Call

Tony Miller Tony Miller; Bob Shireman; Georgia Yuan; Elizabeth McFadden; Dan Madezelan; David Bergeron




42 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

73 001567; 00531

5/11/10 9:12 AM

Prep for OMB Call Tony Miller Tony Miller; Bob Shireman; Georgia Yuan; Elizabeth McFadden; Dan Madezelan; David Bergeron


74 001568; 00532

5/17/10 3:24 PM

GE Update: Bob & Tony

Tony Miller Bob Shireman Released. See Page 00532. Certain portions were initially withheld under FOIA Exemption 5. See Page 001568.

75 001569; 00533

5/17/10 3:24 PM



76 001570; 00534

5/17/10 3:24 PM



001571-001572

This document is a duplicate of Doc. No. 2.

77 001573; 00537

5/19/10 8:08 AM

GE & Talent Search





43 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description


001576-001585


001586-001589



001591-001597


001598-001602


001603-001604


001605-001606


001607-001611


001612-001616




44 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

001671-001618




001676-001677


001679-001688



001690-001696


001697-001701


001702-001703


001704-001705




45 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

001739-001740


001741-001742


001747-001748


001749-001754


001755-001756


001757-001762








46 of 46

Doc. No.

Bates No(s).

Doc. Date and Time


Description

001767-001768


001769-001772


001773-001777





