I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Student Loan 

5 Integrity Act’’. 

6 SEC. 2. PURPOSE; FINDINGS. 

7 (a) PURPOSE.—It is the purpose of this Act to— 


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1 (1) clarify the intent of Congress with respect 

2 to the authorities provided to the Secretary of Edu3 cation under the Higher Education Relief Opportu4 nities for Students Act of 2003 (20 U.S.C. 1098bb) 

5 (in this section referred to as the ‘‘HEROES Act’’); 

6 and 

7 (2) prevent further abuse of the Secretary’s au8 thority provided under the HEROES Act in connec9 tion with the COVID–19 national emergency dec10 laration. 

11 (b) FINDINGS.—Congress finds the following: 

12 (1) As of March 13, 2020, there has been a 

13 moratorium on payments, accrual of interest, and 

14 collections on all Federal student loans. 

15 (2) The moratorium is the largest benefit pro16 vided by taxpayers in the history of the Federal stu17 dent loan program. 

18 (3) Excluding section 3513 of the CARES Act 

19 (20 U.S.C. 1001 note), this benefit was not explicitly 

20 authorized by Congress. 

21 (4) Since December 4, 2020, the Secretary of 

22 Education has cited the HEROES Act as the au23 thority to extend the moratorium on student loan 

24 payments for ‘‘affected individuals’’, in connection 


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1 with the March 13, 2020, national emergency dec2 laration. 

3 (5) The Secretary has undermined the intent of 

4 Congress and abused its authority provided by the 

5 HEROES Act to amend statutory provisions of title 

6 IV of the Higher Education Act (20 U.S.C. 1070 et 

7 seq.) to provide benefits for borrowers beyond those 

8 deemed as ‘‘affected individuals’’. 

9 SEC. 3. PROHIBITION. 

10 The Secretary of Education may not use the author11 ity under section 2(a)(1) of the Higher Education Relief 

12 Opportunities for Students Act of 2003 (20 U.S.C. 

13 1098bb(a)(1)) to issue a waiver or modification, or to ex14 tend a waiver or modification issued before the effective 

15 date of this Act, of any statutory or regulatory provision 

16 applicable to the student financial assistance programs 

17 under title IV of the Higher Education Act of 1965 (20 

18 U.S.C. 1070 et seq.) in connection with the national emer19 gency declared by the President on March 13, 2020, pur20 suant to the National Emergencies Act (50 U.S.C. 1601 

21 et seq.) (Proclamation 9994). 

22 SEC. 4. LIMITATION ON WAIVERS AND MODIFICATIONS. 

23 Section 2(a)(1) of the Higher Education Relief Op24 portunities for Students Act of 2003 (20 U.S.C. 

25 1098bb(a)(1)) is amended— 


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1 (1) by striking ‘‘Notwithstanding’’ and insert2 ing the following: 

3 ‘‘(A) AUTHORITY OF SECRETARY.—Except 

4 as provided in subparagraph (B), notwith5 standing’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(B) LIMITATION.—A waiver or modifica8 tion under paragraph (1) may not— 

9 ‘‘(i) provide for a period that exceeds 

10 30 days during which— 

11 ‘‘(I) payments of principal or in12 terest due on loans made, insured, or 

13 guaranteed under part B, D, or E of 

14 title IV of the Act are suspended; or 

15 ‘‘(II) interest does not accrue on 

16 such loans; or 

17 ‘‘(ii) result in the discharge or can18 cellation of a loan made, insured, or guar19 anteed under part B, D, or E of title IV 

20 of the Act.’’. 

21 SEC. 5. EFFECTIVE DATE. 

22 This Act, and the amendments made by this Act, 

23 shall take effect on May 1, 2022. 

Æ 


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