Valuable Comments on Process
Two days left in public comment on upcoming rules implementing OBBB - an early view
Phil Hill
August 26, 2025
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I will not disclose whether or not I used gen AI for this analysis of 739 public comments on the upcoming rulemaking to implement the main provisions of the One Big Beautiful Bill (OBBB). But I will say that today’s data analysis and summary took less than two hours.
A lot of public comments are coming in to the US Department of Education (ED), with 1,741 submitted and 739 published as of this afternoon. I cannot emphasize enough how significant the upcoming changes in higher education rules will be, and how important it is for the higher education community to get involved in the process now. Submit your comments here. From the official document:
The proposed issues for negotiation in the RISE Committee include:
1. Phase-out of graduate and professional PLUS Loans.
2. Establishment of new annual loan limits for graduate and professional students and parent borrowers, and implementation of new lifetime borrowing caps.
3. Simplification of student loan repayment plans into a standard repayment plan and a single income-based Repayment Assistance Plan (RAP) for new borrowers, elimination of the Income-Contingent Repayment (ICR) plan, and streamlining requirements for Income-Based Repayment plans for existing borrowers.
4. Institutional flexibility to apply lower annual limits for student and parent borrowers for selected programs of study.
5. Modifications to loan rehabilitation, including allowing defaulted borrowers to rehabilitate their loans a second time and setting minimum monthly payment amounts for such loans, phase-out of unemployment and economic hardship deferments, and limitations on a borrower's ability to receive a general forbearance.
6. Other provisions included in Public Law 119-21 that are effective upon enactment, on July 1, 2026, on July 1, 2027, or on July 1, 2028.
The proposed issues for negotiation in the AHEAD Committee include:
1. Changes in institutional and programmatic accountability measures, including loss of Direct Loan eligibility for certain programs with low earnings outcomes for 2 out of 3 years, and Financial Value Transparency and Gainful Employment.
2. Establishment of program eligibility requirements for a new Workforce Pell Grant for students enrolled in programs that last a duration of 8-15 weeks, are transferable to a recognized postsecondary credential or degree, are approved by the state governor, and have strong outcomes.
3. Exclusion of Pell Grant assistance for students who receive grant or scholarship aid covering their entire cost of attendance or for students with a Student Aid Index in excess of twice the maximum Pell Grant award.
4. Other provisions included in Public Law 119-21 that are effective upon enactment, on July 1, 2026, on July 1, 2027, or on July 1, 2028.
If I had to summarize the overall tone, I would say that the comments skew toward “recommend changes” and “oppose/concern,” consistent with commenters accepting the goal (reduce student harm) but questioning how earnings comparisons will be made and how regional wage variation will be handled.
Since Sunday’s post and first summary, these topics have gained momentum:
Earnings comparator/data — biggest jump
Administrative burden/reporting
Geography / cost of living
Appeals / notice / re-entry
As far as tone or stance in the comments:
The audience shifted from many Students/Individuals/Institutions earlier to relatively more Associations/Advocacy later.
The conversation tightened onto implementation details: earnings comparators, data transparency/methods, and appeals/notice logistics all took a bigger share after Aug 22.
Tone hardened: a substantially larger share of comments after Aug 22 use oppositional language regarding OBBB provisions, even as a smaller uptick in supportive language appears.
Let’s take a look at the substance of comments for the two topics that I have covered here at On EdTech - Earnings comparator/data and Geography / cost of living.
