Income Driven Repayment Plan
Request for the William D. Ford Federal Direct Loans and Federal
Family Education Loan Programs
Revision of a currently approved collection
No
Regular
07/17/2025
Requested
Previously Approved
36 Months From Approved
08/31/2025
9,500,000
9,500,000
3,135,000
3,135,000
0
0
The Department of Education
(Department) is requesting a revision of the information
collection, 1845-0102. Section 493C of the Higher Education Act of
1965, as amended (the HEA), authorizes the Income-Based Repayment
(IBR) Plan for borrowers who obtain student loans through the
Federal Family Education Loan (FFEL) Program and William D. Ford
Federal Direct Loan (Direct Loan) Program. Section 455(d) of the
HEA authorizes income-contingent repayment plans for borrowers who
obtain student loans through the Direct Loan Program. The
regulations that govern the IBR plan are in 34 CFR 682.215 and
685.221. The regulations that govern the income-contingent
repayment plans are in 34 CFR 685.209. There are two
income-contingent repayment plans: the Pay As You Earn (PAYE) Plan,
and the Income-Contingent Repayment (ICR) Plan. These plans are
collectively referred to as Income Driven Repayment (IDR) plans. In
2021, the Secretary initiated a negotiated rulemaking process to
create a new IDR plan. As a result of these negotiations, a final
Rule was published July 10, 2023, introducing the Saving on an
Affordable Education (SAVE) Plan as a replacement for the REPAYE
Plan and making additional changes to all IDR plans to make them
more consistent. An injunction was initially filed on August 9,
that prevented the implementation of the provisions specific to the
SAVE Plan and on February 18, 2025, the injunction was expanded to
enjoin the entirety of the Final Rule that went into effect July 1,
2024, which included provisions that had already been implemented
related to the other IDR plans. Under the statute, a borrower who
wishes to repay under an Income Contingent or Income Based
repayment plan must annually provide their Adjusted Gross Income
(AGI) reported to the Internal Revenue Service (IRS). A borrower
must also annually certify their family size. If a borrower’s AGI
is not available, or if the borrower believes that their current
AGI does not reasonably reflect their current income, regulations
allow that they may provide alternative documentation of income for
purposes of determining whether they (1) qualify for the repayment
plan requested, (2) qualify to continue making income-driven
payments, and (3) calculate their monthly payment amount. The
Department is updating the IDR Request Form that is used by a
borrower to enroll, recertify, or change their IDR plan to support
the provisions identified by the court injunction issued February
18, 2025. Specifically, the form is being updated to remove the
SAVE plan as an option for borrowers to select and remove the other
early-implemented components of the Final Rule that apply to the
other IDR plans (i.e., revert the definition of family size to the
pre- July 1, 2024, definition for all IDR plans and remove
references to interest subsidy during repayment), additional
updates to improve clarity and the borrower experience as a result
of these changes have also been made.
US Code:
20
USC 455(d) Name of Law: Higher Education Act of 1965, as
amended
US Code: 20
USC 493C Name of Law: Higher Education Act of 1965, as
amended
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.