Us Congress 2023-2024 Regular Session

Us Congress House Bill HB380 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 I
22 118THCONGRESS
33 1
44 STSESSION H. R. 380
55 To prohibit abuse of the authority of the Secretary of Education under
66 the HEROES Act in connection with the COVID–19 national emergency
77 declaration, and for other purposes.
88 IN THE HOUSE OF REPRESENTATIVES
99 JANUARY17, 2023
1010 Mr. G
1111 OODof Virginia (for himself, Mr. MCCLINTOCK, and Mrs. MILLERof
1212 Illinois) introduced the following bill; which was referred to the Com-
1313 mittee on Education and the Workforce
1414 A BILL
1515 To prohibit abuse of the authority of the Secretary of Edu-
1616 cation under the HEROES Act in connection with the
1717 COVID–19 national emergency declaration, and for other
1818 purposes.
1919 Be it enacted by the Senate and House of Representa-1
2020 tives of the United States of America in Congress assembled, 2
2121 SECTION 1. SHORT TITLE. 3
2222 This Act may be cited as the ‘‘Federal Student Loan 4
2323 Integrity Act’’. 5
2424 SEC. 2. PURPOSE; FINDINGS. 6
2525 (a) P
2626 URPOSE.—It is the purpose of this Act to— 7
2727 VerDate Sep 11 2014 03:40 Jan 28, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H380.IH H380
2828 kjohnson on DSK79L0C42PROD with BILLS 2
2929 •HR 380 IH
3030 (1) clarify the intent of Congress with respect 1
3131 to the authorities provided to the Secretary of Edu-2
3232 cation under the Higher Education Relief Opportu-3
3333 nities for Students Act of 2003 (20 U.S.C. 1098bb) 4
3434 (in this section referred to as the ‘‘HEROES Act’’); 5
3535 and 6
3636 (2) prevent further abuse of the Secretary’s au-7
3737 thority provided under the HEROES Act in connec-8
3838 tion with the COVID–19 national emergency dec-9
3939 laration. 10
4040 (b) F
4141 INDINGS.—Congress finds the following: 11
4242 (1) As of March 13, 2020, there has been a 12
4343 moratorium on payments, accrual of interest, and 13
4444 collections on all Federal student loans. 14
4545 (2) The moratorium is the largest benefit pro-15
4646 vided by taxpayers in the history of the Federal stu-16
4747 dent loan program. 17
4848 (3) Excluding section 3513 of the CARES Act 18
4949 (20 U.S.C. 1001 note), this benefit was not explicitly 19
5050 authorized by Congress. 20
5151 (4) Since December 4, 2020, the Secretary of 21
5252 Education has cited the HEROES Act as the au-22
5353 thority to extend the moratorium on student loan 23
5454 payments for ‘‘affected individuals’’, in connection 24
5555 VerDate Sep 11 2014 03:40 Jan 28, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H380.IH H380
5656 kjohnson on DSK79L0C42PROD with BILLS 3
5757 •HR 380 IH
5858 with the March 13, 2020, national emergency dec-1
5959 laration. 2
6060 (5) The Secretary has undermined the intent of 3
6161 Congress and abused its authority provided by the 4
6262 HEROES Act to amend statutory provisions of title 5
6363 IV of the Higher Education Act (20 U.S.C. 1070 et 6
6464 seq.) to provide benefits for borrowers beyond those 7
6565 deemed as ‘‘affected individuals’’. 8
6666 SEC. 3. PROHIBITION. 9
6767 The Secretary of Education may not use the author-10
6868 ity under section 2(a)(1) of the Higher Education Relief 11
6969 Opportunities for Students Act of 2003 (20 U.S.C. 12
7070 1098bb(a)(1)) to issue a waiver or modification, or to ex-13
7171 tend a waiver or modification issued before the date of 14
7272 enactment of this Act, of any statutory or regulatory pro-15
7373 vision applicable to the student financial assistance pro-16
7474 grams under title IV of the Higher Education Act of 1965 17
7575 (20 U.S.C. 1070 et seq.) in connection with the national 18
7676 emergency declared by the President on March 13, 2020, 19
7777 pursuant to the National Emergencies Act (50 U.S.C. 20
7878 1601 et seq.) (Proclamation 9994). 21
7979 SEC. 4. LIMITATION ON WAIVERS AND MODIFICATIONS. 22
8080 Section 2(a)(1) of the Higher Education Relief Op-23
8181 portunities for Students Act of 2003 (20 U.S.C. 24
8282 1098bb(a)(1)) is amended— 25
8383 VerDate Sep 11 2014 03:40 Jan 28, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H380.IH H380
8484 kjohnson on DSK79L0C42PROD with BILLS 4
8585 •HR 380 IH
8686 (1) by striking ‘‘Notwithstanding’’ and insert-1
8787 ing the following: 2
8888 ‘‘(A) A
8989 UTHORITY OF SECRETARY .—Except 3
9090 as provided in subparagraph (B), notwith-4
9191 standing’’; and 5
9292 (2) by adding at the end the following: 6
9393 ‘‘(B) L
9494 IMITATIONS.—A waiver or modifica-7
9595 tion under this subsection may not— 8
9696 ‘‘(i) provide for a period that exceeds 9
9797 30 days during which— 10
9898 ‘‘(I) payments of principal or in-11
9999 terest due on loans made, insured, or 12
100100 guaranteed under part B, D, or E of 13
101101 title IV of the Act are suspended; or 14
102102 ‘‘(II) interest does not accrue on 15
103103 such loans; or 16
104104 ‘‘(ii) result in the discharge or can-17
105105 cellation of any outstanding balance owed 18
106106 on a loan made, insured, or guaranteed 19
107107 under part B, D, or E of title IV of the 20
108108 Act.’’. 21
109109 Æ
110110 VerDate Sep 11 2014 03:40 Jan 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H380.IH H380
111111 kjohnson on DSK79L0C42PROD with BILLS