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ED/OPE RIN: 1840-AD69 Publication ID: Fall 2021 
Title: Income Contingent Repayment 

Using the income-contingent repayment (ICR) authority under the Higher Education Act of 1965, the Secretary of Education may create or adjust income-driven repayment plans to cap borrower payments at a set share of their income. The Department will propose improvements to these plans in 34 CFR part 685.

Agency: Department of Education(ED)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 34 CFR 685   
Legal Authority: 20 U.S.C. 1087e   
Legal Deadline:  None

Statement of Need:

This rulemaking is necessary to make improvements to the income- driven repayment plans created under the ICR authority in Higher Education Act of 1965 that allows the Secretary to cap payments at a set share of a borrower’s income.

Summary of the Legal Basis:

The Department is conducting this rulemaking under 20 U.S.C. 1087e.


We have limited information about the alternatives at this time.

Anticipated Costs and Benefits:

We have limited information about the anticipated costs and benefits at this time.


We have limited information about the risks at this time.

Action Date FR Cite
Notice of Intent to Commence Negotiated Rulemaking  05/26/2021  86 FR 28299   
NPRM  05/00/2022 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Jennifer Hong
Director, Policy Coordination Group
Department of Education
400 Maryland Avenue SW, Room 287-23,
Washington, DC 20202
Phone:202 453-7805