; or (B) one-twelfth of the borrower’s adjusted gross income, as recorded on the borrower’s most recently filed Federal income tax return. (8) Rule of construction Nothing in this section shall be construed to impact a borrower’s eligibility to receive the benefit of section 455(o). . (b) Conforming amendment Section 493D(a) ( 20 U.S.C. 1098f(a) ) is amended by inserting , or section 460A after 464(c)(2)(A)(iii) . 7. Loan rehabilitation (a) In general Section 428F(a)(5) ( 20 U.S.C. 1078–6 ) is amended by striking one time and inserting two times . (b) Application of amendment The amendment made by this section shall apply to any borrower of a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 before, on, or after the date of enactment of this Act. 8. Limitation on authority of Secretary to propose or issue regulations and executive actions (a) In general Part G of title IV ( 20 U.S.C. 1088 et seq. ) is amended by inserting after section 492 the following: 492A. Limitation on authority of the Secretary to propose or issue regulations and executive actions (a) Draft regulations Beginning after the date of enactment of this section, a draft regulation implementing this title (as described in section 492(b)(1)) that is determined by the Secretary to be economically significant shall be subject to the following requirements (regardless of whether negotiated rulemaking occurs): (1) The Secretary shall determine whether the draft regulation, if implemented, would result in an increase in a subsidy cost. (2) If the Secretary determines under paragraph (1) that the draft regulation would result in an increase in a subsidy cost, then the Secretary may take no further action with respect to such regulation. (b) Proposed or final regulations and executive actions Beginning after the date of enactment of this section, the Secretary may not issue a proposed rule, final regulation, or executive action implementing this title if the Secretary determines that the rule, regulation, or executive