Department of Education: Federal Perkins Loan Program, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program, GAO-09-191R, November 20, 2008
The Honorable Edward
M. Kennedy
Chairman
The Honorable Michael B. Enzi
Ranking Minority Member
Committee on Health, Education, Labor, and Pensions
The Honorable George
Miller
Chairman
The Honorable Howard P. “Buck” McKeon
Ranking Minority Member
Committee on Education and Labor
House of Representatives
Subject: Department of Education: 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 (Education), entitled “Federal
Perkins Loan Program, Federal Family Education Loan Program, and William D.
Ford Federal Direct Loan Program” (RIN: 1840-AC94). We received the rule on
The final rule amends the regulations governing the
Federal Perkins Loan Program, the Federal Family Education Loan Program, and
the William D. Ford Federal Direct Loan Program. This final rule implements various statutory
provisions of the College Cost Reduction and Access Act, Pub. L. No. 110-84,
1221 Stat. 784 (
Enclosed is our assessment of Education’s compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review indicates that Education complied with the applicable requirements.
If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact Michael R. Volpe, Assistant General Counsel, at (202) 512-8236.
signed
Robert J. Cramer
Associate General Counsel
Enclosure
cc: Elizabeth A.M. McFadden
Assistant General Counsel for
Regulatory Services
Office of General Counsel
Department of Education
ENCLOSURE
REPORT UNDER 5 U.S.C. sect. 801(a)(2)(A) ON A MAJOR
RULE
ISSUED BY THE
DEPARTMENT OF EDUCATION
ENTITLED
"FEDERAL PERKINS LOAN PROGRAM, FEDERAL FAMILY
EDUCATION LOAN PROGRAM, AND
WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM"
(RIN: 1840-AC94)
(i) Cost-benefit analysis
The Department of Education (Education) analyzed the costs
and benefits of this final rule. Education
estimates that the parts of this final rule that implement provisions of the College
Cost Reduction and Access Act, Pub. L. No. 110-84, 1221 Stat. 784 (
(ii) Agency actions relevant to the Regulatory
Flexibility Act, 5 U.S.C. sections 603–605, 607, and 609
Education determined that this final rule will not have a significant impact on a substantial number of small entities.
(iii) Agency actions relevant to sections 202–205 of
the Unfunded Mandates Reform Act of 1995, 2 U.S.C. sections 1532–1535
In its submission to the Comptroller General, Education did not include an analysis of this final rule under the Act. Education noted that the preparation of a written statement under section 202 of the Act was not applicable to this rule.
(iv) Other relevant information or requirements under
acts and executive orders
Administrative Procedure Act, 5 U.S.C. sections 551 et seq.
Education promulgated this final rule, in part, under the
notice-and-comment procedures found in the Administrative Procedures Act. 5 U.S.C. sect. 553. Education published a proposed rule on
Higher Education Act of 1965, Negotiated Rulemaking, 20 U.S.C. sect. 1098a(2)
Section 492 of the Higher Education Act of 1965 required
that Education engage in negotiated rulemaking for this final rule. Education developed the parts of this final
rule implementing CCRAA through the use of negotiated rulemaking. Education did not use negotiated rulemaking
for the parts of the rule implementing HEOA for the same reasons it did not use
notice-and-comment procedures.
Paperwork Reduction Act, 44 U.S.C. sections 3501–3520
This final rule contains new and amended information
collection requirements that the Office of Management and Budget (OMB) reviewed
under the Act. For the paperwork
associated with OMB Control Number 1845-0020, Education estimates that the
burden will increase for lenders and guarantee agencies by 31,414 hours. For the paperwork associated with the new OMB
Control Number 1845-0086, Education estimates that the burden will increase for
borrowers, lenders, and guarantee agencies by 185,778 hours. For the paperwork associated with the new OMB
Control Number 1845-0085, Education estimates that the burden will increase for
states, non-profit entities, and eligible lender trustees by 105 hours. Education also expects that there will be an
increase in burden associated with OMB Control Numbers 1845-0031 and 1845-0017,
and will be providing OMB an estimate of the increase in burden by December
2008. Education will also be further
submitting two new information collections to OMB for review.
Statutory authorization for the rule
Education promulgated this final rule under the authority of
sections 421–429, sections 1071–1087-2, and sections 1087aa–1087hh of title 20,
United States Code.
Executive Order No. 12,866
Because it will have an annual effect on the economy of more
than $100 million, Education determined that this final rule is economically
significant under the Order and subject to OMB review.