Topics Covered by the Rulemaking

The current negotiated rulemaking covers a broad set of topics. To manage the process, the Department has broken the rulemaking bodies into committees. The Department established two committees so far: one full committee with voting rights (Affordability and Student Loans Committee) and a non-voting subcommittee that will debate the content of the proposed regulations in the context of incarcerated students (Prison Education Program Subcommittee).

The subcommittee, which may include negotiators from the full committee as well as individuals not on that committee, will each make recommendations to the full committee, but only the full committee will get to vote on consensus or what the final regulatory language should look like.

This year's negotiated rulemaking will cover the following topics:

• (1) Borrower defense to repayment under 34 CFR 682.410, 682.411, 685.206, and 685.222;
• (2) Closed school discharges under 34 CFR 685.214 and 682.402(d);
• (3) Discharges for borrowers with a total and permanent disability under 34 CFR 674.61, 682.402(c), and 685.213;
• (4) Discharges for false certification of student eligibility under 34 CFR 685.215 and 682.402(e);
• (5) Loan repayment plans under 34 CFR 682.209, 682.215, 685.208, and 685.209;
• (6) Interest capitalization on Federal student loans under 34 CFR 682.202, 685.202, 685.209, and 685.220;
• (7) Mandatory pre-dispute arbitration and prohibition of class action lawsuits provisions in institutions’ enrollment agreements (formerly under 34 CFR 685.300) and associated counseling about such arrangements under 34 CFR 685.304;
• (8) Pell Grant eligibility for prison education programs under 34 CFR part 690; and
• (9) The Public Service Loan Forgiveness program under 34 CFR 685.219.
• (10) The 90/10 Rule under 34 CFR 668.28

Seven of the fourteen topics originally listed in the Negotiated Rulemaking Committee Notice will not be considered by the Affordability and Student Loans Committee. These topics and others suggested during the negotiated rulemaking public hearings and written comments may be considered by a different committee at a later negotiated rulemaking date. This additional round of negotiated rulemaking will be announced in a Federal Register Notice.

For more information about the negotiated rulemaking process as a whole, please click here.