What This Bill Does
This bill stops the Secretary of Education from using emergency powers to create new rules about federal student loans in connection with the COVID-19 emergency declared on March 13, 2020. The bill aims to prevent what Congress believes is improper use of the HEROES Act (a law that gives the Secretary special powers during emergencies) to help student loan borrowers beyond what Congress originally intended.
Who It Affects
The Secretary of Education. Federal student loan borrowers. Taxpayers funding federal student loan programs.
Key Provisions
The Secretary of Education cannot use emergency powers to issue new rules, change existing rules, or extend rules about federal student loans under the COVID-19 emergency declaration (Sec. 3).
Any rule changes the Secretary makes must not last longer than 30 days if they pause loan payments or stop interest from building up on federal student loans (Sec. 4).
The Secretary cannot use emergency powers to forgive or cancel student loan debt (Sec. 4).
What Changes
The Secretary's authority to modify federal student loan rules in response to the COVID-19 emergency would be restricted. The Secretary would lose power to extend loan payment freezes (pauses on payments) beyond 30 days. The Secretary could not forgive student loan debt using emergency powers.
Important Definitions
None defined in the bill text.
I
118TH CONGRESS
1ST SESSION
H. R. 380
To prohibit abuse of the authority of the Secretary of Education under
the HEROES Act in connection with the COVID–19 national emergency
declaration, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 17, 2023
Mr. GOOD of Virginia (for himself, Mr. MCCLINTOCK, and Mrs. MILLER of
Illinois) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce
A BILL
To prohibit abuse of the authority of the Secretary of Edu-
cation under the HEROES Act in connection with the
COVID–19 national emergency declaration, and for other
purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Federal Student Loan
4
Integrity Act’’.
5
SEC. 2. PURPOSE; FINDINGS.
6
(a) PURPOSE.—It is the purpose of this Act to—
7
VerDate Sep 11 2014
03:40 Jan 28, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H380.IH
H380
kjohnson on DSK79L0C42PROD with BILLS
2
•HR 380 IH
(1) clarify the intent of Congress with respect
1
to the authorities provided to the Secretary of Edu-
2
cation under the Higher Education Relief Opportu-
3
nities for Students Act of 2003 (20 U.S.C. 1098bb)
4
(in this section referred to as the ‘‘HEROES Act’’);
5
and
6
(2) prevent further abuse of the Secretary’s au-
7
thority provided under the HEROES Act in connec-
8
tion with the COVID–19 national emergency dec-
9
laration.
10
(b) FINDINGS.—Congress finds the following:
11
(1) As of March 13, 2020, there has been a
12
moratorium on payments, accrual of interest, and
13
collections on all Federal student loans.
14
(2) The moratorium is the largest benefit pro-
15
vided by taxpayers in the history of the Federal stu-
16
dent loan program.
17
(3) Excluding section 3513 of the CARES Act
18
(20 U.S.C. 1001 note), this benefit was not explicitly
19
authorized by Congress.
20
(4) Since December 4, 2020, the Secretary of
21
Education has cited the HEROES Act as the au-
22
thority to extend the moratorium on student loan
23
payments for ‘‘affected individuals’’, in connection
24
VerDate Sep 11 2014
03:40 Jan 28, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H380.IH
H380
kjohnson on DSK79L0C42PROD with BILLS
3
•HR 380 IH
with the March 13, 2020, national emergency dec-
1
laration.
2
(5) The Secretary has undermined the intent of
3
Congress and abused its authority provided by the
4
HEROES Act to amend statutory provisions of title
5
IV of the Higher Education Act (20 U.S.C. 1070 et
6
seq.) to provide benefits for borrowers beyond those
7
deemed as ‘‘affected individuals’’.
8
SEC. 3. PROHIBITION.
9
The Secretary of Education may not use the author-
10
ity under section 2(a)(1) of the Higher Education Relief
11
Opportunities for Students Act of 2003 (20 U.S.C.
12
1098bb(a)(1)) to issue a waiver or modification, or to ex-
13
tend a waiver or modification issued before the date of
14
enactment of this Act, of any statutory or regulatory pro-
15
vision applicable to the student financial assistance pro-
16
grams under title IV of the Higher Education Act of 1965
17
(20 U.S.C. 1070 et seq.) in connection with the national
18
emergency declared by the President on March 13, 2020,
19
pursuant to the National Emergencies Act (50 U.S.C.
20
1601 et seq.) (Proclamation 9994).
21
SEC. 4. LIMITATION ON WAIVERS AND MODIFICATIONS.
22
Section 2(a)(1) of the Higher Education Relief Op-
23
portunities for Students Act of 2003 (20 U.S.C.
24
1098bb(a)(1)) is amended—
25
VerDate Sep 11 2014
03:40 Jan 28, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H380.IH
H380
kjohnson on DSK79L0C42PROD with BILLS
4
•HR 380 IH
(1) by striking ‘‘Notwithstanding’’ and insert-
1
ing the following:
2
‘‘(A) AUTHORITY OF SECRETARY.—Except
3
as provided in subparagraph (B), notwith-
4
standing’’; and
5
(2) by adding at the end the following:
6
‘‘(B) LIMITATIONS.—A waiver or modifica-
7
tion under this subsection may not—
8
‘‘(i) provide for a period that exceeds
9
30 days during which—
10
‘‘(I) payments of principal or in-
11
terest due on loans made, insured, or
12
guaranteed under part B, D, or E of
13
title IV of the Act are suspended; or
14
‘‘(II) interest does not accrue on
15
such loans; or
16
‘‘(ii) result in the discharge or can-
17
cellation of any outstanding balance owed
18
on a loan made, insured, or guaranteed
19
under part B, D, or E of title IV of the
20
Act.’’.
21
Æ
VerDate Sep 11 2014
03:40 Jan 28, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H380.IH
H380
kjohnson on DSK79L0C42PROD with BILLS