1840-AD53 202210 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 published final regulations in 34 CFR parts 30, 668, 674, 682, 685, and 686 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 regulations prohibit the mandatory 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 of 1965, as amended (HEA).

]]> Economically Significant Previously Published in The Unified Agenda Completed Actions Yes No Completion of a Section 610 Review 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 No Notice of Intent to Commence Negotiated Rulemaking 05/26/2021 86 FR 28299 NPRM 07/13/2022 87 FR 41878 NPRM Comment Period End 08/12/2022 Final Action 11/01/2022 87 FR 65904 No None No Yes No Tamy Abernathy 1840 Office of Postsecondary Education OPE 202 245-4595 negregnprmhelp@ed.gov 400 Maryland Avenue SW, Washington DC 20202