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News
The Perkins regulations concerning Peace Corps deferments have been amended. The changes are effective July 1, 2000, although, some of the changes may be implemented on or after October 25, 1999.
The full text of the changes are available in the
Federal Register (Volume 64, Number 205). Briefly, Peace Corps volunteers who are ineligible for deferment or cancellation of their federal student loans based solely on Peace Corps service to
automatically qualify for economic hardship deferments while they are serving in the Peace Corps. Below is the summary of changes.
SUMMARY: The Secretary amends the Federal Perkins Loan and Federal
Family Education Loan (FFEL) program regulations by adding criteria
that allow Peace Corps volunteers who are ineligible for deferment or
cancellation of their federal student loans based solely on Peace Corps
service to automatically qualify for economic hardship deferments while
they are serving in the Peace Corps. This change also applies to the
William D. Ford Federal Direct Loan (Direct Loan) Program in accordance
with Sec. 685.204(b)(3) of the Direct Loan Program regulations, which
references the standards set forth in Sec. 682.210(s) of the FFEL
Program regulations in establishing a Direct Loan borrower's
eligibility for an economic hardship deferment.
The Secretary also amends the Federal Perkins Loan Program
regulations to eliminate the provision that requires a borrower to
submit a request for a loan deferment, including a deferment in
anticipation of cancellation, in writing.
DATES: Effective Date: These regulations are effective July 1, 2000.
Implementation Date: The Secretary has determined, in accordance
with section 482(c)(2)(A) of the Higher Education Act of 1965, that
institutions that participate in the Federal Perkins Loan Program and
lenders and guaranty agencies that participate in the FFEL Programs
may, at their discretion, choose to implement the provisions of
Secs. 674.34, 674.38, and 682.210 as amended by these final
regulations, on or after October 25, 1999. For further information see
``Implementation Date of These Regulations'' under the SUPPLEMENTARY
INFORMATION section of this preamble.
SUPPLEMENTARY INFORMATION: On September 17, 1998, the Secretary
published a notice of proposed rulemaking (NPRM) for the Federal
Perkins Loan Program and FFEL Program regulations in the Federal
Register (63 FR 49798).
The NPRM included a discussion of the issues surrounding the
proposed changes that are not repeated here. The following changes were
proposed:
Amending Secs. 674.34(e)(2) and 682.210(s)(6)(ii) to add criteria
that allow borrowers to qualify automatically for economic hardship
deferments while they are serving in the Peace Corps.
Amending Secs. 674.38(d) and 682.210(s)(6) to allow borrowers to
receive economic hardship deferments for longer than a one-year period
for each request while serving as Peace Corps volunteers.
Amending Sec. 674.38(a) to eliminate the requirement that a
borrower must submit a deferment or postponement request in writing.
Implementation Date of These Regulations
Section 482(c) of the Higher Education Act of 1965, as amended (20
U.S.C. 1089(c)) requires that regulations affecting programs under
title IV of the Act be published in final form by November 1 prior to
the start of the award year in which they apply. However, that section
also permits the Secretary to designate any regulation as one that an
entity subject to the regulation may choose to implement earlier. If
the Secretary designates a regulation for early implementation, he may
specify when and under what conditions the entity may implement it.
Under this authority, the Secretary has designated the following
regulations for early implementation:
Sections 674.34, 674.38 and 682.210--In Dear Colleague letter GEN-
98-16, the Secretary provided interim procedures to be used by FFEL
loan holders and post-secondary institutions in granting economic
hardship deferments to Peace Corps volunteers until final regulations
were published. Institutions that participate in the Federal Perkins
Loans Program and guaranty agencies and lenders that participate in the
FFEL program may, now at their discretion, choose to implement the
provisions of Secs. 674.34, and 682.210 upon October 25, 1999.
Institutions that participate in the Federal Perkins Loan Program may
implement the provisions of Sec. 674.38 that eliminate the written
request for a deferment in the Perkins Loan Program upon October 25,
1999.
These final regulations contain changes from the NPRM that are
explained in the Analysis of Comments and Changes that follows.
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