Director, Policy Coordination Group

1840-AD53 202110 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1840 Office of Postsecondary Education OPE 1800 Department of Education ED Borrower Defense

The Secretary proposes to amend regulations that determine what acts or omissions of an institution of higher education a borrower may assert as a defense to repayment of a loan made under the Federal Direct Loan and Federal Family Education Loan Programs and specify the consequences of such borrower defenses for borrowers, institutions, and the Secretary. Further, the Secretary intends to review the use of class-action lawsuits and pre-dispute arbitration agreements for matters pertaining to borrower defense claims by schools receiving Title IV assistance under the Higher Education Act.

]]> Economically Significant Previously Published in The Unified Agenda Proposed Rule Stage Yes Undetermined 34 CFR 30 34 CFR 668 34 CFR 674 34 CFR 682 34 CFR 685 34 CFR 686 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

This rulemaking is necessary to determine what acts or omissions of an institution of higher education a borrower may assert as a defense to repayment of a loan made under the Federal Direct Loan Program and specify the consequences of such borrower defenses for borrowers, institutions, and the Secretary.

]]>

We are conducting this rulemaking under the following authorities: 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); and 31 U.S.C. 3711.

]]>

We have limited information about the alternatives at this time.

]]>

We have limited information about the anticipated costs and benefits at this time.

]]>

We have limited information about the risks at this time.

]]> Notice of Intent to Commence Negotiated Rulemaking 05/26/2021 86 FR 28299 NPRM 05/00/2022 Undetermined Undetermined Undetermined No No Jennifer Hong Director, Policy Coordination Group 1800 Department of Education ED 202 453-7805 jennifer.hong@ed.gov 400 Maryland Avenue SW, Room 287-23, Washington DC 20202