Education Department Docket ED-2025-OPE-0016 Final Rule

2026-04978: William D. Ford Federal Direct Loan (Direct Loan) Program; Correction

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Summary

The Department of Education (Department) is correcting a final rule that appeared in the Federal Register on October 31, 2025 (90 FR 19729). The final rule established regulations governing the Public Service Loan Forgiveness (PSLF) program in the William D. Ford Federal Direct Loan (Direct Loan) program under 34 CFR 685.219.

The agency’s own summary, as published.

The rule, in full

2,567 words as published, March 13, 2026. View the original →

Federal Register, Volume 91 Issue 49 (Friday, March 13, 2026) [Federal Register Volume 91, Number 49 (Friday, March 13, 2026)] [Rules and Regulations] [Pages 12302-12304] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-04978] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION 34 CFR Part 685 [Docket ID ED-2025-OPE-0016] RIN 1840-AA28 William D. Ford Federal Direct Loan (Direct Loan) Program; Correction

Agency

Office of Postsecondary Education, Department of Education.

Action

Final rule; correction. -----------------------------------------------------------------------

Summary

The Department of Education (Department) is correcting a final rule that appeared in the Federal Register on October 31, 2025 (90 FR 19729). The final rule established regulations governing the Public Service Loan Forgiveness (PSLF) program in the William D. Ford Federal Direct Loan (Direct Loan) program under 34 CFR 685.219.

Dates

Effective July 1, 2026.

For Further Information Contact

Tamy Abernathy, U.S. Department of Education, Office of Postsecondary Education, 400 Maryland Avenue SW, 5th floor, Washington, DC 20202. Telephone: (202) 245-4595. Email: [email protected]. If you are deaf, hard of hearing, or have a speech disability and wish to access telecommunications relay services, please dial 7-1-1.

Supplementary Information

In FR Doc. 2025-19729 (90 FR 48966) appearing on page 49000 in the Federal Register on Friday, October 31, 2025, the Department provided amendatory instructions revising 34 CFR 685.219 that did not correctly capture the intended change as described in the preamble. The second amendatory instruction stated: ``2. Amend Sec. 685.219 by: a. Adding paragraphs (b)(1) through (b)(35); b. Revising paragraphs (c)(2) introductory text and (c)(4) . . .''. This amendatory instruction inadvertently duplicates existing definitions already in Sec. 685.219(b)(1) through (b)(35) and the instruction to revise paragraph (c)(4) incorrectly references a non- existent paragraph. This correction revises the inaccurate amendatory instructions to address these errors. No changes to the regulatory text itself are necessary; the correction only addresses errors in the placement on that text. Waiver of Proposed Rulemaking, Negotiated Rulemaking, and Delayed Effective-Date In accordance with the Administrative Procedure Act (APA), 5 U.S.C. 553, the Department generally offers interested parties the opportunity to comment on proposed regulations. However, the APA provides that an agency is not required to conduct notice-and-comment rulemaking when the agency, for good cause, finds that notice and public comment thereon are impracticable, unnecessary, or contrary to the public interest (5 U.S.C. 553(b)). There is good cause to waive rulemaking here as unnecessary. Informal notice-and-comment rulemaking is ``unnecessary'' in those situations in which ``the administrative rule is a routine determination, insignificant in nature and impact, and inconsequential to the industry and to the public.'' Utility Solid Waste Activities Group v. EPA, 236 F.3d 749, 755 (D.C. Cir. 2001) quoting U.S. Department of Justice, Attorney General's Manual on the Administrative Procedure Act 31 (1947) and South Carolina v. Block, 558 F. Supp. 1004, 1016 (D.S.C. 1983). The regulatory change in this document is necessary to properly and accurately reflect the outcome of the rulemaking process, by correcting a technical error. The regulatory text that was proposed and explained in the final rule remains the same, but this correction ensures that the definitions are not duplicated in 34 CFR 685.219(b) and that the new paragraph that was added in the final rule appears in the appropriate place in 34 CFR 685.219(c). It is consistent with the substantive rule stated in the preamble, which was the product of the notice and comment process and does not establish any new substantive rule. Therefore, the Department has determined that publication of a proposed rule is unnecessary under 5 U.S.C. 553(b). In addition, under section 492 of the Higher Education Act of 1965, as amended (HEA) (20 U.S.C. 1098a), all regulations proposed by the Department for programs authorized under title IV of the HEA are subject to negotiated rulemaking requirements. Section 492(b)(2) incorporates the good cause exception, including the exceptions for when it is unnecessary to go through notice and comment. As explained above, the Department finds that notice and comment rulemaking is unnecessary. Accessible Format: On request to the program contact person listed under FOR FURTHER INFORMATION CONTACT, individuals with disabilities can obtain this document in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, or compact disc, or other accessible format. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF, you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Nicholas Kent, Under Secretary of Education. Accordingly, the Secretary corrects 34 CFR part 685 by making the following correcting amendments: PART 685--WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM 0

1. The authority citation for part 685 continues to read as follows:

Authority: 20 U.S.C. 1070g, 1087a, et seq., unless otherwise noted. 0

2. Section 685.219 is amended by revising paragraph (b) and adding

paragraph (c)(4) to read as follows: 685.219 Public Service Loan Forgiveness Program (PSLF). * * * * * (b) Definitions. The following definitions apply to this section: (1) Aiding or abetting has the same meaning as defined under 18 U.S.C. 2. (2) AmeriCorps service means service in a position approved by the Corporation for National and Community Service under section 123 of the National and Community Service Act of 1990 (42 U.S.C. 12573). [[Page 12303]] (3) Chemical castration or mutilation means: (i) The use of puberty blockers, including GnRH agonists and other interventions, to delay the onset or progression of normally timed puberty in an individual who does not identify as his or her sex; and (ii) The use of sex hormones, such as androgen blockers, estrogen, progesterone, or testosterone, to align an individual's physical appearance with an identity that differs from his or her sex. (4) Child or children for the sole and specific purpose of this section means an individual or individuals under 19 years of age. (5) Civilian service to the military means providing services to or on behalf of members, veterans, or the families or survivors of deceased members of the U.S. Armed Forces or the National Guard that is provided to a person because of the person's status in one of those groups. (6) Early childhood education program means an early childhood education program as defined in section 103(8) of the Act (20 U.S.C. 1003). (7) Eligible Direct Loan means a Direct Subsidized Loan, a Direct Unsubsidized Loan, a Direct PLUS Loan, or a Direct Consolidation Loan. (8) Emergency management means services that help remediate, lessen, or eliminate the effects or potential effects of emergencies that threaten human life or health, or real property. (9) Employee or employed means an individual: (i) To whom an organization issues an IRS Form W-2; (ii) Who receives an IRS Form W-2 from an organization that has contracted with a qualifying employer to provide payroll or similar services for the qualifying employer, and which provides the Form W-2 under that contract; (iii) who works as a contracted employee for a qualifying employer in a position or providing services which, under applicable State law, cannot be filled or provided by a direct employee of the qualifying employer. (10) Foreign Terrorist Organizations mean organizations on the list published under paragraph (a)(2)(A)(ii) under the Immigration and Nationality Act (8 U.S.C. 1189). (11) Full-time means: (i) Working in qualifying employment in one or more jobs-- (A) A minimum average of 30 hours per week during the period being certified, (B) A minimum of 30 hours per week throughout a contractual or employment period of at least 8 months in a 12-month period, such as elementary and secondary school teachers and professors and instructors, in higher education, in which case the borrower is deemed to have worked full time; or (C) The equivalent of 30 hours per week as determined by multiplying each credit or contact hour taught per week by at least 3.35 in non-tenure track employment at an institution of higher education. (ii) [Reserved] (12) Illegal discrimination means a violation of any Federal discrimination law including, but not limited to, the Civil Rights Act of 1964 (42 U.S.C. 1981 et seq.), Americans with Disabilities Act (42 U.S.C. 12101 et seq.), and the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.). (13) Law enforcement means service that is publicly funded and whose principal activities pertain to crime prevention, control or reduction of crime, or the enforcement of criminal law. (14) Military service means ``active duty'' service or ``full-time National Guard duty'' as defined in section 101(d)(1) and (d)(5) of title 10 in the United States Code and does not include active duty for training or attendance at a service school. (15) Non-governmental public service means services provided by employees of a non-governmental qualified employer where the employer has devoted a majority of its full-time equivalent employees to working in at least one of the following areas (as defined in this section): emergency management, civilian service to military personnel, military service, public safety, law enforcement, public interest law services, early childhood education, public service for individuals with disabilities or the elderly, public health, public education, public library services, school library, or other school-based services. Service as a member of the U.S. Congress is not qualifying public service employment for purposes of this section. (16) Non-tenure track employment means work performed by adjunct, contingent or part time faculty, teachers, or lecturers who are paid based on the credit hours they teach at institutions of higher education. (17) Other Federal Immigration laws mean any violation of the Immigration and Nationality Act (8 U.S.C. 1105 et seq.) or any other Federal immigration laws. (18) Other school-based services mean the provision of services to schools or students in a school or a school-like setting that are not public education services, such as school health services and school nurse services, social work services in schools, and parent counseling and training. (19) Peace Corps position means a full-time assignment under the Peace Corps Act as provided for under 22 U.S.C. 2504. (20) Public education service means the provision of educational enrichment or support to students in a public school or a public school-like setting, including teaching. (21) Public health means those engaged in the following occupations (as those terms are defined by the Bureau of Labor Statistics): physicians, nurse practitioners, nurses in a clinical setting, health care practitioners, health care support, counselors, social workers, and other community and social service specialists. (22) Public interest law means legal services that are funded in whole or in part by a local, State, Federal, or Tribal government. (23) Public library service means the operation of public libraries or services that support their operation. (24) Public safety service means services that seek to prevent the need for emergency management services. (25) Public service for individuals with disabilities means services performed for or to assist individuals with disabilities (as defined in the Americans with Disabilities Act (42 U.S.C. 12102)) that is provided to a person because of the person's status as an individual with a disability. (26) Public service for the elderly means services that are provided to individuals who are aged 62 years or older and that are provided to a person because of the person's status as an individual of that age. (27) Qualifying employer means: (i)(A) A United States-based Federal, State, local, or Tribal government organization, agency, or entity, including the U.S. Armed Forces or the National Guard; (B) A public child or family service agency; (C) An organization under Section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under Section 501(a) of the Internal Revenue Code; (D) A Tribal college or university; or (E) A nonprofit organization that-- (1) Provides a non-governmental public service as defined in this section, attested to by the employer on a form approved by the Secretary; and (2) Is not a business organized for profit, a labor union, or a partisan political organization; and (ii) Does not include organizations that engage in activities such that they [[Page 12304]] have a substantial illegal purpose, as defined in this section. (28) Qualifying repayment plan means: (i) An income-driven repayment plan under Sec. 685.209; (ii) The 10-year standard repayment plan under Sec. 685.208(b) or the consolidation loan standard repayment plan with a 10-year repayment term under Sec. 685.208(c); or (iii) Except for the alternative repayment plan, any other repayment plan if the monthly payment amount is not less than what will have been paid under the 10-year standard repayment plan under Sec. 685.208(b). (29) School library services mean the operations of school libraries or services that support their operation. (30) Substantial illegal purpose means: (i) Aiding or abetting violations of 8 U.S.C. 1325 or other Federal immigration laws; (ii) Supporting terrorism, including by facilitating funding to, or the operations of, cartels designated as Foreign Terrorist Organizations consistent with 8 U.S.C. 1189, or by engaging in violence for the purpose of obstructing or influencing Federal Government policy; (iii) Engaging in the chemical and surgical castration or mutilation of children in violation of Federal or State law; (iv) Engaging in the trafficking of children to another State for purposes of emancipation from their lawful parents in violation of Federal or State law; (v) Engaging in a pattern of aiding and abetting illegal discrimination; or (vi) Engaging in a pattern of violating State laws as defined in paragraph (b)(34) of this section. (31) Surgical castration or mutilation means surgical procedures that attempt to transform an individual's physical appearance to align with an identity that differs from his or her sex or that attempt to alter or remove an individual's sexual organs to minimize or destroy their natural biological functions. (32) Terrorism is defined under 18 U.S.C. 2331. (33) Trafficking means transporting a child or children from their State of legal residence to another State without permission or legal consent from the parent or legal guardian for purposes of emancipation from their lawful parents or legal guardian, in violation of applicable law. (34) Violating State law means a final, non-default judgment by a State court of: (i) Trespassing; (ii) Disorderly conduct; (iii) Public nuisance; (iv) Vandalism; or (v) Obstruction of highways. (35) Violence for the purpose of obstructing or influencing Federal Government policy means violating any part of 18 U.S.C. 1501 et seq. by committing a crime of violence as defined under 18 U.S.C. 16. (c) * * * (4) Effective on or after July 1, 2026, through a standard as described in paragraph(h)of this section, no payment shall be credited as a qualifying payment for any month subsequent to a determination that a qualifying employer engaged in activities enumerated in paragraph (b)(30) such that it has a substantial illegal purpose, as described in this section. * * * * * [FR Doc. 2026-04978 Filed 3-12-26; 8:45 am] BILLING CODE 4000-01-P

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Amends 1 part of the Code of Federal Regulations — the standing rules this notice rewrites.

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