Laws & Guidance HIGHER EDUCATION
Negotiated Rulemaking for Higher Education 2014 - 2015

| Federal Register Notices | Meeting Information | Public Hearings | Session 1 | Session 2 | Session 3 |

This Web page provides the public with background information regarding the Department’s negotiated rulemaking effort to make changes to the Title IV, Higher Education Act of 1965, as amended, program regulations in 2014-2015. For more information about negotiated rulemaking in general, please see our question and answer page.

Student Assistance General Provisions, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program
An unofficial version of the final regulations will be available on the Federal Register's Web site the week of October 26, and the final regulations will be published in the Federal Register the following day. More information about the final regulations are below:

  • Informal version of the final regulations (220 pages): MS Word (526K)

Federal Register Notices by Date

  • Notice of Proposed Rulemaking dated July 9, 2015: Request for Comments. Comments due August 10, 2015.

    The Secretary proposes to amend the regulations governing the William D. Ford Federal Direct Loan (Direct Loan) Program to create a new income-contingent repayment plan in accordance with the President's initiative to allow more Direct Loan borrowers to cap their loan payments at 10 percent of their monthly incomes. PDF | MS Word (407K)

  • Request for negotiator nominations

    On December 19, 2014, the Department published a notice in the Federal Register announcing its intention to establish a negotiated rulemaking committee to: (1) prepare proposed regulations to establish a new Pay as You Earn repayment plan for those not covered by the existing Pay as You Earn Repayment Plan in the Federal Direct Loan Program; and (2) establish procedures for Federal Family Education Loan (FFEL) Program loan holders to use to identify U.S. military servicemembers who may be eligible for a lower interest rate on their FFEL Program loans under section 527 of the Servicemembers Civil Relief Act (SCRA). The notice sets a schedule for the committee meetings and requests nominations for individual negotiators to serve on the negotiating committee.

  • Intent to Establish Negotiated Rulemaking Committee; Public Hearings

    On September 3, 2014, the Department published a notice in the Federal Register to announce our intention to establish a negotiated rulemaking committee to prepare proposed regulations for the Federal William D. Ford Direct Loan Program authorized by the Higher Education Act of 1965, as amended (HEA). This notice announced two public hearings at which interested parties may comment on the topics suggested by the Department and suggest additional topics for consideration for action by the negotiated rulemaking committee.

    Written comments submitted in response to this notice may be viewed through the Federal eRulemaking Portal at www.regulations.gov. Instructions for finding comments are available on the site under "How to Use Regulations.gov" in the Help section. Individuals can locate the appropriate docket for the notice by entering in the search box docket ID ED-2014-OPE-0124.

Top

Committee Meetings Information

Committee Members

List of negotiators: MS Word (53K) | PDF (209K)

Meeting Schedule

February 24-26, 2015
March 31 - April 2, 2015
April 28-30, 2015

Sessions will run from 9:00 a.m. to 5:00 p.m.

The meetings will be held at the U.S. Department of Education, 1990 K Street, N.W., Eighth Floor Conference Center, Washington, DC 20006

Meetings are open to the public.

Top

Public Hearings Information

  • October 23, 2014 -- U.S. Department of Education, Washington, D.C., Eighth Floor Conference Center, 1990 K Street, N.W., Washington, DC 20006

    9:00 a.m. to 4:00 p.m. local time

    • Nearest Metro stops: Farragut West on the Orange, Blue and Silver Lines, Farragut North on the Red Line

    • List of presenters: MS Word (41K)

    • Hearing Transcript: MS Word (171K)

  • November 4, 2014 -- Anaheim Marriott, Anaheim, California, Grand Ballroom E, 700 West Convention Way, Anaheim, CA 92802

    1:00 p.m. to 4:00 p.m. local time

Top

Session 1 Materials

Materials provided by the Department to the negotiating committee prior to Session 1:

  • Proposed agenda MS Word (25K)
  • Proposed protocols (adopted) MS Word (52K)
  • Issue paper #1 - Establishing a New Pay As You Earn (PAYE) Repayment Plan MS Word (35K)
  • Issue paper #2 - FFEL Program loans under the Servicemembers Civil Relief Act (SCRA) MS Word (36K)

Materials provided by the Department to the negotiating committee at Session 1:

Materials provided by non-Federal negotiators to the negotiating committee at Session 1:

  • Pay As You Earn Recommendations, submitted by The Institute for College Access & Success (TICAS), February 18, 2015 PDF (569K)

Top

Session 2 Materials

Materials provided by the Department to the negotiating committee prior to Session 2:

Proposed agenda

Session 1 Meeting Summary (accepted as is) MS Word (51K)

  • Issue paper #1 - Establishing a New Pay As You Earn (PAYE) Repayment Plan (revised) MS Word (43K)
  • Issue paper #1 - Establishing a New Pay As You Earn (PAYE) Repayment Plan (red lined) MS Word (115K)
  • Issue paper #2 - FFEL Program loans under the Servicemembers Civil Relief Act (SCRA) (revised) MS Word (42K)
  • Issue paper #2 - FFEL Program loans under the Servicemembers Civil Relief Act (SCRA) (red lined) MS Word (43K)
  • Issue paper #3 – easing the Transition of Borrower from Rehabilitation to Servicing (revised) MS Word (35K)
  • Issue paper #3 – easing the Transition of Borrower from Rehabilitation to Servicing (redlined) MS Word (36K)
  • Issue paper #4 – Participation Rate Index Appeals (revised) MS Word (42K)
  • Issue paper #4 – Participation Rate Index Appeals (red lined) MS Word (47K)

Materials provided by the Department to the negotiating committee at Session 2:

  • “Income Driven Repayment (IDR) Notification Pilots and Data” MS Word (30K)
    Direct Loan Portfolio by Repayment Plan (MS Excel)
    Direct Loan Portfolio by Loan Status (MS Excel)
    Filing Status MS Excel (40K) | PDF (42K)
    PAYE MS Excel (24K) | PDF (62K)
    Recertification MS Excel (37K) | PDF (73K)
    Change in Income MS Word (31K) | PDF (185K)
    IDR Notification Pilots MS Word (26K) | PDF (70K)
  • Revised Issue paper #1 - Establishing a New Pay As You Earn (PAYE) Repayment Plan MS Word (115K)
  • Revised Issue paper #2 - FFEL Program loans under the Servicemembers Civil Relief Act (SCRA) MS Word (56K)
  • Revised Issue paper #3 - Easing the Transition of Borrower from Rehabilitation to Servicing MS Word (36K)
  • Revised Issue paper #4 - Participation Rate Index Appeals MS Word (47K)
  • Issue paper #5 - Application of Department of Defense Lump Sum Payments for Public Service Loan Forgiveness MS Word (34K)
  • Issue #6 -Technical Correction for FFEL Rehabilitated Loans MS Word (39K)

Materials provided by non-Federal negotiators to the negotiating committee at Session 2:

  • “Analysis of aspects of the Education Department Draft REPAYE Plan,” submitted by The Institute for College Access & Success PDF (252K)
  • “Loan Rehabilitation Counter Proposal,” submitted by Nancy Masten MS Word (38K)

Top

Session 3 Materials

Materials provided by the Department to the negotiating committee prior to Session 3:

Proposed agenda MS Word (31K)

Revised Protocols MS Word (53K)

Meeting 2 Summary

  • Issue paper #1 - Establishing a New Pay As You Earn (PAYE) Repayment Plan MS Word (83K)
  • Issue paper #1 - Establishing a New Pay As You Earn (PAYE) Repayment Plan (redlined) MS Word (134K)
  • Issue paper #2 - FFEL Program loans under the Servicemembers Civil Relief Act (SCRA) MS Word (46K)
  • Issue paper #2 - FFEL Program loans under the Servicemembers Civil Relief Act (SCRA) (redlined) MS Word (48K)
  • Issue paper #3 – Easing the Transition of Borrower from Rehabilitation to Servicing MS Word (30K)
  • Issue paper #3 – Easing the Transition of Borrower from Rehabilitation to Servicing (redlined) MS Word (32K)
  • Issue paper #4 – Participation Rate Index Appeals MS Word (43K)
  • Issue paper #4 – Participation Rate Index Appeals (redlined) MS Word (47K)
  • Issue paper #5 – Application of Department of Defense Lump Sum Payments for Public Service Loan Forgiveness MS Word (35K)
  • Issue paper #5 – Application of Department of Defense Lump Sum Payments for Public Service Loan Forgiveness (redlined) MS Word (36K)
  • Issue paper #6 – Technical Correction to the FFEL Program Loan Rehabilitation Regulations MS Word (38K)
  • Issue paper #6 – Technical Correction to the FFEL Program Loan Rehabilitation Regulations (redlined) MS Word (38K)

Materials provided by the Department to the negotiating committee at Session 3:

Meeting 3 Summary MS Word (37K)

  • Examples of recertification e-mails MS Word (106K)
  • (Final) Issue paper #1 - Establishing a New Pay As You Earn (PAYE) Repayment Plan MS Word (98K)
  • (Final) Issue paper #1 - Establishing a New Pay As You Earn (PAYE) Repayment Plan (redlined) MS Word (153K)
  • (Final) Issue paper #2 - FFEL Program loans under the Servicemembers Civil Relief Act (SCRA) MS Word (55K)
  • (Final) Issue paper #2 - FFEL Program Loans under the Servicemembers Civil Relief Act (SCRA) (redlined) MS Word (59K)
  • (Final) Issue paper #3 – Easing the Transition of Borrower from Rehabilitation to Servicing MS Word (39K)
  • (Final) Issue paper #3 – Easing the Transition of Borrower from Rehabilitation to Servicing (redlined) MS Word (41K)
  • (Final) Issue paper #4 – Participation Rate Index Appeals MS Word (51K)
  • (Final) Issue paper #4 – Participation Rate Index Appeals (redlined) MS Word (55K)
  • (Final) Issue paper #5 – Application of Department of Defense Lump Sum Payments for Public Service Loan Forgiveness MS Word (44K)
  • (Final) Issue paper #5 – Application of Department of Defense Lump Sum Payments for Public Service Loan Forgiveness (redlined) MS Word (46K)
  • (Final) Issue paper #6 – Technical Correction to the FFEL Program Loan Rehabilitation Regulations MS Word (47K)
  • Issue Paper #6 – Technical Correction to the FFEL Program Loan Rehabilitation Regulations (redlined) MS Word (48K)

Materials provided by non-Federal negotiators to the negotiating committee at Session 3:

  • Issue Paper 2 revisions and examples submitted by William Shaffner MS Word (50K) | MS Word (271K)

Top

OPE Policy page



   
Last Modified: 10/26/2015