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ED/OPE RIN: 1840-AD81 Publication ID: Fall 2022 
Title: ●Improving Income Driven Repayment 

The Secretary plans to propose amendments to the regulations governing income-contingent repayment plans by amending the Revised Pay as You Earn (REPAYE) repayment plan, and to restructure and rename the repayment plan regulations under the William D. Ford Federal Direct Loan (Direct Loan) Program, including combining the Income Contingent Repayment (ICR) and the Income-Based Repayment (IBR) plans under the umbrella term of Income-Driven Repayment (IDR) plans. 

Agency: Department of Education(ED)  Priority: Economically Significant 
RIN Status: First time 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. 1070g    20 U.S.C. 1087a, et seq.   
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:

20 U.S.C. 1070g, 1087a, et seq., unless otherwise noted.


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  12/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Tamy Abernathy
Department of Education
Office of Postsecondary Education
400 Maryland Avenue SW, 2C-232,
Washington, DC 20202
Phone:202 987-0385