Rule2026-04978
William D. Ford Federal Direct Loan (Direct Loan) Program; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 13, 2026
Effective
July 1, 2026
Issuing agencies
Education Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 91 Issue 49 (Friday, March 13, 2026)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04978]
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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.
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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.
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:
<a href="/cdn-cgi/l/email-protection#f6b89391a49391b8a6a4bbbe939a86b69392d8919980"><span class="__cf_email__" data-cfemail="8ac4efedd8efedc4dad8c7c2efe6facaefeea4ede5fc">[email protected]</span></a>.
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 <a href="http://www.govinfo.gov">www.govinfo.gov</a>. 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
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. 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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