; or (bb) economic abuse (including behaviors that control such borrower’s ability to acquire, use, and maintain access to money, credit, or the joint financial obligations of both borrowers); (II) the individual borrower certifies, on a form approved by the Secretary, that such borrower is unable to reasonably reach or access the loan information of the other individual borrower; or (III) the Secretary determines that authorizing each individual borrower to apply separately under subparagraph (A) would be in the best fiscal interests of the Federal Government. (C) Borrower eligibility Notwithstanding section 428C(a)(3)(A), the Secretary shall award a consolidation loan under this part to each borrower who— (i) applies for such loan under subparagraph (A); and (ii) meets the requirements of subparagraphs (A) and (B). . 4063. Amendments to terms and conditions of borrower defenses Section 455(h) of the Higher Education Act of 1965 is amended to read as follows: (h) Borrower defenses (1) In general Notwithstanding any other provision of State or Federal law, a defense to repayment of a loan under this title includes— (A) a substantial misrepresentation under section 487(c)(3); (B) an act or omission that would give rise to a cause of action against the school under applicable State law; or (C) such further acts or omissions that the Secretary determines appropriate. (2) Procedures (A) In general The Secretary shall, with respect to a borrower defense under this subsection— (i) determine the entitlement of a borrower to relief based on all evidence available to the Department