[Federal Register: October 8, 1996 (Volume 61, Number 196)] [Notices] [Page 52778-52779] From the Federal Register Online via GPO Access [wais.access.gpo.gov] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION William D. Ford Federal Direct Loan Program AGENCY: Department of Education. ACTION: Notice of processing deadlines to submit loan records and promissory notes. ----------------------------------------------------------------------- SUMMARY: This notice establishes processing deadlines for the submission of William D. Ford Federal Direct Loan (Direct Loan) Program promissory notes and electronic records to the Secretary for the 1994- 1995 academic year (Year 1) and the 1995-1996 academic year (Year 2). Any electronic records and promissory notes for loans made during Year 1 and Year 2 are subject to the deadlines contained in this notice. EFFECTIVE DATE: The deadline for processing any electronic records and promissory notes for loans made during Year 1 is November 22, 1996. The deadline for processing any electronic records and promissory notes for loans made during Year 2 is July 31, 1997. FOR FURTHER INFORMATION CONTACT: Douglas Laine, Program Specialist, Direct Loan Policy Group, U.S. Department of Education, 600 Independence Avenue, S.W., Room 3045, ROB-3, Washington, D.C. 20202. Telephone (202) 708-9406. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. SUPPLEMENTARY INFORMATION: The Secretary is establishing processing deadlines by which institutions that participated in Year 1 or Year 2 of the Direct Loan Program must submit electronic records and promissory notes for Direct Loans made during those years. Under an institution's participation agreement with the Secretary to participate in the Direct Loan Program, an institution must comply with all of the requirements established by the Secretary relating to student loan information with respect to loans made under the Direct Loan Program. See 34 CFR 685.300(b)(6). This provision includes the submission of records relating to Direct Loans. The Secretary is exercising his authority under this provision to establish a processing deadline by which all applicable electronic records and promissory notes for a particular academic year must be final, complete, accurate, and submitted to the Secretary. The Secretary believes that establishing annual processing deadlines for the submission of all electronic records (including initial and adjusted or revised records) and promissory notes is necessary to improve the integrity and accountability of the Direct Loan Program and to improve services to students and schools. Schools are required under 34 CFR 685.309(a) to establish and maintain proper administrative and fiscal procedures to protect the rights of student and parent borrowers as well as to protect the United States from unreasonable risk of loss. Establishing the processing deadlines contained in this notice will help achieve these goals. Further, establishing an annual processing deadline will enable the Secretary to finalize cash records under the Direct Loan Program for an academic year within a reasonable period of time following the end of that academic year. The Secretary also will be better able to ensure that Direct Loan monies were disbursed appropriately to student borrowers attending a school, or to parent borrowers borrowing on behalf of dependent students at the school. The processing deadlines also will enable the Department to conduct a program review of a Direct Loan school more efficiently, as all Direct Loan records [[Page 52779]] submitted to the Secretary by that date will be deemed final. It is important that schools understand the difference between the annual processing deadline and the 30-day requirement for the regular submission of Direct Loan records. The Secretary believes that institutions have been adequately notified that Direct Loan records must be submitted to the Secretary in a timely manner. The Department has published numerous documents emphasizing that schools should submit all loan origination records, promissory notes, and disbursement records to the Secretary on a monthly basis. The Department specifically provided this guidance in the April 26, 1994, Announcement of Criteria for Loan Origination--1995-1996 Academic Year (59 FR 21804) and in ``Direct Loan Program Bulletin'' DLB-15. Further, the Department has published regulations in the Federal Register on December 1, 1995, requiring schools that originate Direct Loans to submit loan origination records, promissory notes, and disbursement records, for the first disbursements of loans to the Secretary no later than 30 days following the date the disbursements are made. In addition, these regulations require that schools submit disbursement records for each subsequent disbursement to the Secretary no later than 30 days following the date the subsequent disbursements are made. Schools that participate under standard origination must submit an initial and subsequent disbursement record to the Secretary no later than 30 days following the date of each disbursement. See 34 CFR 685.301(d). These regulations, which were effective beginning on July 1, 1996, apply to all Direct Loan disbursements, both those made prior to July 1 and those made on or after July 1. Thus, for any disbursement of a loan made prior to July 1, 1996, the institution was required to submit all electronic records and promissory notes associated with that disbursement no later than 30 days after the effective date of these regulations--July 31, 1996. Any institution that is not in compliance with the 30-day time period for reporting may be subject to fines, penalties, or other sanctions, as determined by the Secretary. The Secretary realizes that in some cases institutions will need to edit or adjust the electronic records after the initial records are submitted to the Secretary. Therefore, the Secretary is publishing this notice establishing annual processing deadlines and to notify institutions that any electronic record or promissory note submitted to the Secretary for Year 1 or Year 2 after the applicable deadline will be rejected. Borrower loan files that remain incomplete or inaccurate by the deadline date may result in institutional, rather than federal, responsibility for the loan or portion of the loan. Deadlines for Submission of Records An institution that participated in Year 1 (academic year 1994- 1995) of the Direct Loan Program must submit all electronic loan records and promissory notes associated with Direct Loans made during Year 1 to the Secretary no later than (45 days after publication in the Federal Register). Institutions that participated in Year 2 (academic year 1995-1996) of the Direct Loan Program must submit all electronic loan records and promissory notes associated with Direct Loans made during Year 2 to the Secretary no later than July 31, 1997. (Catalog of Federal Domestic Assistance Number 84.268, William D. Ford Federal Direct Loan Program) Dated: September 30, 1996. David A. Longanecker, Assistant Secretary for Postsecondary Education. [FR Doc. 96-25709 Filed 10-7-96; 8:45 am] BILLING CODE 4000-01-P