About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-331652 1 (2019-12-11)

handle is hein.gao/gaobaeakq0001 and id is 1 raw text is: 




GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-331652


December  11, 2019

The Honorable Lamar Alexander
Chairman
The Honorable Patty Murray
Ranking Member
Committee  on Health, Education, Labor, and Pensions
United States Senate

The Honorable Bobby Scott
Chairman
The Honorable Virginia Foxx
Ranking Member
Committee  on Education and Labor
House  of Representatives

Subject: Department of Education: Total and Permanent Disability Discharge of Loans Under
        Title IV of the Higher Education Act

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Education (Department) entitled Total and Permanent
Disability Discharge of Loans Under Title IV of the Higher Education Act (RIN: 1840-AD48).
We  received the rule on December 2, 2019. It was published in the Federal Register as interim
final regulations on November 26, 2019. 84 Fed. Reg. 65000. The effective date of the rule is
July 1, 2020.

According to the Department, the interim final rule amends and updates the regulations for total
and permanent disability student loan discharge for veterans by removing administrative
burdens that may have prevented at least 20,000 totally and permanently disabled veterans
from obtaining discharge of their student loans. Under this rule, the Department will consider a
borrower for whom data is obtained from the Department of Veterans Affairs showing that the
borrower is totally and permanently disabled to be eligible for discharge and will not require
additional documentation to discharge the borrower's loans.

The Congressional Review Act requires a 60-day delay in the effective date of a major rule from
the date of the publication in the Federal Register or receipt of the rule by Congress, whichever
is later. 5 U.S.C. § 801(a)(3)(A). Here, the rule has a stated effective date of July 1, 2020.
However, the Department states in the rule that the Secretary of Education is exercising her
authority under section 482(c) of the Higher Education Act of 1965, as amended, to designate
these regulatory changes for early implementation effectively immediately. 20 U.S.C. § 1089(c).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most