Study Guide

Congressional Republicans are increasingly focused on ensuring that U.S. colleges and universities are properly disclosing gifts and contracts from foreign sources under Section 117 of the Higher Education Act of 1965, 20 U.S.C. §1011f (“Section 117”). The Higher Education and Workforce Development Subcommittee of the House Committee on Education and the Workforce (the “Committee”) held a hearing on July 18, 2023 titled Exposing the Dangers of the Influence of Foreign Adversaries on College Campuses, which discussed the enforcement, and even potential expansion, of Section 117.

H.R. 5, the Parental Bill of Rights Act, passed in the House of Representatives on Friday, March 24, 2023 by a vote of 213 – 208. Only Republicans supported the bill and five Republicans – Reps. Andy Biggs, Ken Buck, Matt Gaetz, Mike Lawler, and Matt Rosendale – joined all House Democrats in voting against the bill.

Building on its previous efforts to reduce the cost of federal student loans, the Department of Education (DOE), as directed by the Biden-Harris administration, proposed a new rule on Tuesday, January 10, that would reform the federal student loan repayment process. The draft rule recommends a new income-driven repayment (IDR) plan for federal student loan borrowers in addition to simplifying current repayment programs and shortening the timeline for forgiveness.

As litigation surrounding the Biden-Harris administration’s student debt forgiveness plan persists, the administration announced an extension of the student loan repayment pause through June 30, 2023. In an announcement earlier this year regarding student loan forgiveness, monthly payments were set to resume on January 1, 2023. Now that the loan forgiveness is the subject of litigation, the administration has again paused student loan payments.

Last week, the Department of Justice (DOJ) and the Department of Education (DOE) distributed guidance to the legal community clarifying the process for the discharge of federal student loans in bankruptcy proceedings. The agencies said that the new guidelines will standardize, expedite and simplify the legal process student loan borrowers must undergo to discharge their loans.

On Thursday, November 11, Judge Mark Pittman of the U.S. District Court for the Northern District of Texas released a decision that found the Biden-Harris administration’s Federal Student Debt Relief Plan was unconstitutional.

On Thursday, October 27, the Department of Education (DOE) announced new regulations that carry out provisions of the Inflation Reduction Act (H.R. 5376) regarding oversight of-profit colleges, expanding Pell grants to incarcerated students and changes to institutional ownership guidelines. These rules were published in the Federal Register on Friday, October 28. The final regulations address:

On Wednesday, August 24, the Biden-Harris administration and Department of Education announced a three-part student debt relief plan aimed at making the student loan system more manageable for those with existing student loan debt and more accessible for Americans seeking college educations. The plan, which applies only to federal student loans, includes a final extension of the student loan repayment pause through December 31, 2022; up to $20,000 in student loan debt relief; and a proposed rule to create a new income-driven repayment plan to lower monthly student loan payments for current and future borrowers. This announcement marks the administration’s transition back to regular payment as pandemic-related support expires.