Federal Student Loan Integrity Act

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. Short title This Act may be cited as the Federal Student Loan Integrity Act 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 HEROES Act (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 (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 (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. affected individuals 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) 20 U.S.C. 1070 et seq. 50 U.S.C. 1601 et seq. 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) (1) by striking Notwithstanding (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. . 5. Effective date This Act, and the amendments made by this Act, shall take effect on May 1, 2022.

Summary: Federal Student Loan Integrity Act This bill limits the authority of the Department of Education (ED) to waive or modify statutes and regulations in response to military contingencies or national emergencies, including by prohibiting ED from further using this authority in connection with the COVID-19 national emergency. Under the Higher Education Relief Opportunities for Students (HEROES) Act of 2003, ED may waive or modify any statutory or regulatory provision applicable to federal student-aid programs as ED deems necessary in connection with a war or other military operation or national emergency. This bill prohibits ED from issuing a waiver or modification that (1) provides for a period that exceeds 30 days during which payments of principal or interest due on federal student loans are suspended or interest does not accrue on such loans, or (2) results in the discharge or cancellation of federal student loans. Further, the bill prohibits ED from using this authority to waive or modify any statutory or regulatory provision applicable to federal student-aid programs in connection with the national emergency declared by the President on March 13, 2020, to respond to COVID-19.