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B-334755 Nov 16, 2022 1 (2022-11-16)

handle is hein.gao/gaonxa0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548
B-334755
November 16, 2022
The Honorable Patty Murray
Chairwoman
The Honorable Richard Burr
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: Institutional Eligibility Under the Higher Education Act of
1965, as Amended; Student Assistance General Provisions; Federal Perkins Loan
Program; Federal Family Education Loan Program; and William D. Ford Federal Direct
Loan Program
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 (ED) entitled Institutional Eligibility Under the
Higher Education Act of 1965, as Amended; Student Assistance General Provisions; Federal
Perkins Loan Program; Federal Family Education Loan Program; and William D. Ford Federal
Direct Loan Program (RINs: 1840-AD53, 1840-AD59, 1840-AD70, 1840-AD71). We received
the rule on November 1, 2022. It was published in the Federal Register as final regulations on
November 1, 2022. 87 Fed. Reg. 65094. The effective date is July 1, 2023.
According to ED, this final rule establishes new regulations governing the William D. Ford
Federal Direct Loan (Direct Loan) Program to establish a new federal standard and a process
for determining whether a borrower has a defense to repayment on a loan based on an act or
omission of their school. ED stated that the rule amends the Direct Loan Program regulations to
prohibit participating schools from using certain contractual provisions regarding dispute
resolution processes and to require certain notifications and disclosures by institutions or
schools regarding their use of mandatory arbitration. Additionally, ED indicated that the rule
amends the Direct Loan regulations to eliminate interest capitalization in instances where it is
not required by statute. ED expressed that the rule also amends the regulations governing
closed school discharges and total and permanent disability discharges in the Federal Perkins
Loan, Direct Loan, and Federal Family Education Loan (FFEL) programs. ED stated that the
rule amends the regulations governing false certification discharges in the Direct Loan and
FFEL programs. Finally, as reported by ED, the rule amends the regulations governing Public
Service Loan Forgiveness in the Direct Loan program to improve the application process, and to
clarify and expand definitions for full-time employment, qualifying employers, and qualifying

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