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ED/OPE RIN: 1840-AD26 Publication ID: Fall 2018 
Title: 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.

Agency: Department of Education(ED)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 34 CFR 668    34 CFR 674    34 CFR 682    34 CFR 685    and other sections as applicable     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 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   
Legal Deadline:  None

Statement of Need:

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


Summary of the Legal Basis:

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.


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

Anticipated Costs and Benefits:

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


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

Action Date FR Cite
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 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, Local, State 
Small Entities Affected: Businesses, Governmental Jurisdictions  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Sarah Beaton
Department of Education
Office of Postsecondary Education
400 Maryland Avenue SW, Room LBJ 2C-244,
Washington, DC 20202
Phone:202 453-7222