[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7058 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7058
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
March 11, 2022
Mr. Good of Virginia (for himself and Mr. Banks) introduced the
following bill; which was referred to the Committee on Education and
Labor
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Student Loan Integrity
Act''.
SEC. 2. PURPOSE; FINDINGS.
(a) Purpose.--It is the purpose of this Act to--
(1) clarify the intent of Congress with respect to the
authorities provided to the Secretary of Education under the
Higher Education Relief Opportunities for Students Act of 2003
(20 U.S.C. 1098bb) (in this section referred to as the ``HEROES
Act''); and
(2) prevent further abuse of the Secretary's authority
provided under the HEROES Act in connection with the COVID-19
national emergency declaration.
(b) Findings.--Congress finds the following:
(1) As of March 13, 2020, there has been a moratorium on
payments, accrual of interest, and collections on all Federal
student loans.
(2) The moratorium is the largest benefit provided by
taxpayers in the history of the Federal student loan program.
(3) Excluding section 3513 of the CARES Act (20 U.S.C. 1001
note), this benefit was not explicitly authorized by Congress.
(4) Since December 4, 2020, the Secretary of Education has
cited the HEROES Act as the authority to extend the moratorium
on student loan payments for ``affected individuals'', in
connection with the March 13, 2020, national emergency
declaration.
(5) The Secretary has undermined the intent of Congress and
abused its authority provided by the HEROES Act to amend
statutory provisions of title IV of the Higher Education Act
(20 U.S.C. 1070 et seq.) to provide benefits for borrowers
beyond those deemed as ``affected individuals''.
SEC. 3. PROHIBITION.
The Secretary of Education may not use the authority under section
2(a)(1) of the Higher Education Relief Opportunities for Students Act
of 2003 (20 U.S.C. 1098bb(a)(1)) to issue a waiver or modification, or
to extend a waiver or modification issued before the effective date of
this Act, of any statutory or regulatory provision applicable to the
student financial assistance programs under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.) in connection with the
national emergency declared by the President on March 13, 2020,
pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.)
(Proclamation 9994).
SEC. 4. LIMITATION ON WAIVERS AND MODIFICATIONS.
Section 2(a)(1) of the Higher Education Relief Opportunities for
Students Act of 2003 (20 U.S.C. 1098bb(a)(1)) is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(A) Authority of secretary.--Except as provided
in subparagraph (B), notwithstanding''; and
(2) by adding at the end the following:
``(B) Limitation.--A waiver or modification under
paragraph (1) may not--
``(i) provide for a period that exceeds 30
days during which--
``(I) payments of principal or
interest due on loans made, insured, or
guaranteed under part B, D, or E of
title IV of the Act are suspended; or
``(II) interest does not accrue on
such loans; or
``(ii) result in the discharge or
cancellation of a loan made, insured, or
guaranteed under part B, D, or E of title IV of
the Act.''.
SEC. 5. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
May 1, 2022.
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