1840-AD26 201810 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1840 Office of Postsecondary Education OPE 1800 Department of Education ED Institutional Accountability

The Secretary plans to establish new regulations governing the William D. Ford Federal Direct Loan (Direct Loan) Program regarding the standard and the process for determining whether a borrower has a defense to repayment on a loan based on an act or omission of a school. We also may amend other sections of the Direct Loan Program regulations, including those that codify our current policy regarding the impact that discharges have on the 150 percent Direct Subsidized Loan Limit; and the Student Assistance General Provisions regulations providing the financial responsibility standards and disclosure requirements for schools. In addition, we may amend the discharge provisions in the Federal Perkins Loan, Direct Loan and Federal Family Education Loan program regulations.

]]> Economically Significant Previously Published in The Unified Agenda Final Rule Stage Yes No Other 34 CFR 668 34 CFR 674 34 CFR 682 34 CFR 685 and other sections as applicable 20 U.S.C. 1082(a)(5), (a)(6) 20 U.S.C.1087(a) 20 U.S.C. 1087e(h) 20 U.S.C. 1221e-3 20 U.S.C. 1226a-1 20 U.S.C. 1234(a) 31 U.S.C. 3711 Yes

The Secretary initiated negotiated rulemaking to revise current regulations governing borrower defenses to loan repayment.

 

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Section 492 of the HEA requires that, before publishing any proposed regulations to implement programs authorized under title IV of the HEA, the Secretary obtain public involvement in the development of the proposed regulations. After obtaining advice and recommendations from the public, the Secretary conducts negotiated rulemaking to develop the proposed regulations. Section 431 of the Department of Education Organization Act provides authority to the Secretary, in relevant part, to inform the public regarding federally supported education programs; and collect data and information on applicable programs for the purpose of obtaining objective measurements of the effectiveness of such programs in achieving the intended purposes of such programs. 20 U.S.C. 1231a.

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These are identified through the negotiated rulemaking process and presented in the Notice of Proposed Rulemaking.

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These are identified through the negotiated rulemaking process and presented in the Notice of Proposed Rulemaking.

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These are identified through the negotiated rulemaking process and presented in the Notice of Proposed Rulemaking.

]]> Notice of Intention to Commence Negotiated Rulemaking 06/16/2017 82 FR 27640 NPRM 07/31/2018 83 FR 37242 NPRM Comment Period End 08/30/2018 Final Action 01/00/2019 Undetermined Businesses Governmental Jurisdictions Federal Local State No No www.regulations.gov www.regulations.gov No No Sarah Beaton 1840 Office of Postsecondary Education OPE 202 453-7222 sarah.beaton@ed.gov 400 Maryland Avenue SW, Room LBJ 2C-244, Washington DC 20202