U.S. Department of Education

Negotiated Rulemaking

Team II – Student Loan Program Issues

1990 K St., NW, 8th Floor Conference Center

Washington, D.C.

March 26, 2012, 12:00 pm – 5:00 pm

March 27-29, 2012, 9:00 am – 5:00 pm

March 30, 2012, 9:00 am – 12:00 pm

Draft Agenda1

Introduction

Draft Agenda

Meeting Summary for Prior Session

Housekeeping and Other Issues

Review of Issues and Proposed Regulatory Language

1. Changes to Income Contingent Repayment (ICR) Plan 

--Process for Receipt of Forgiveness

--Borrower Access to current ICR (ICR-B) after July 1, 2013

-- Annual ICR Income Verification

--Borrower Repayment After Leaving new ICR (ICR-A)

2. Changes to Income-Based (IBR) Repayment Plan 

--New Borrower Notification for Annual IBR Evaluation 

--Annual IBR Income Verification 

--Borrower Repayment After Leaving IBR 

--Process for Receipt of Forgiveness 

3. FFEL Repayment Disclosures: Borrowers Who Are Having Difficulty Making Payments and 

Borrowers Who Are 60-Days Delinquent 

4. Forbearance Provisions for Borrowers Receiving Department of Defense Student Loan 

Repayment Benefits

5. Borrowers Who Are Delinquent when Authorized Forbearance is Granted

6. Forbearance for Post 270-Day Defaulted Loan Borrowers Prior to Lender Claim Payment or 

Transfer to ED Default Collections 

7. Minimum Loan Period for Transfer Students in Non-Term and Certain Non-Standard Term 

Programs 

8. “Reasonable and Affordable” Payment Standard for Rehabilitation of Defaulted Direct Loans 

and FFEL Program Loans 

 

1

Time will be made available for public comment during the meeting.
9. Rehabilitation of Defaulted Direct Loan and FFEL Program Loans Treatment of Borrowers 

Subject to Administrative Wage Garnishment

10. Participation Rate Index Appeal for Single Cohort Default Rate Loss of Eligibility to Participate 

in the Direct Loan Program 

11. Repeal of Unnecessary FFEL Program Regulations 

12. Modification of Direct Loan Program Regulations 

13. Total and Permanent Disability Discharge – Single Application Process 

14. Total and Permanent Disability Discharge – Borrower Notification of Denial 

15. Total and Permanent Disability Discharge – Post-Discharge Monitoring of Employment 

Earnings 

16. Title IV Closed School Loan Discharge 

17. Satisfactory Repayment Arrangements on Defaulted Title IV Loans for Borrowers who also 

Rehabilitate the Loan 

18. School Enrollment Status Reporting Requirements 

19. Federal Perkins Loan Graduate Fellowship Deferment Eligibility 

20. Social Security Number Requirement for Assignment of Federal Perkins Loans to Department 

of Education 

21. Federal Perkins Loan Cancellation Rate Progression Across Cancellation Categories 

22. Federal Perkins Loan Economic Hardship deferment Debt-to-Income Ratio Provision 

23. Federal Perkins Loan Break in Cancellation Service Due to Condition Covered Under the 

Family and Medical Leave Act (20 U.S.C. 2601 et. seq.) 

24. Standard for On-Time Rehabilitation Payments in the Federal Perkins Loan Program 

25. FFEL Program Administrative Wage Garnishment (AWG) Hearings for Defaulted Borrowers 

Call for Consensus on Full Package

Next Steps

Other Business

Conclusion