On July 13, 2022, the U.S. Department of Education (the Department) published in the Federal Register a Notice of Proposed Rulemaking (the Proposed Rule) to revise its regulations governing student loan discharge standards and processes, including but not limited to its borrower defense to repayment (BDR) regulations. The Proposed Rule covers topics that were addressed by the Department’s “Affordability and Student Loans” negotiated rulemaking committee, conducted by the Department in late 2021. Where that negotiated rulemaking committee reached consensus on an issue, the Proposed Rule generally reflects the language approved by the committee. Otherwise, the Proposed Rule constitutes new regulatory text on which the public, including any stakeholder groups that participated in the negotiated rulemaking, may comment.
