The constitutionality and legality of the Biden-Harris Administration’s Student Debt Relief Plan have been the subject of significant legal and political debate.
Rather than focus on canceling the principal loan balances, I propose a Bill to Cancel All Outstanding Interest and Previously Assessed but Unpaid Capitalized Interest on Existing Public and Private Student Loans.
This bill would provide significant relief to student loan borrowers by eliminating the burden of interest that has accumulated or been capitalized over time, allowing them to focus on repaying the principal balance of their loans.
Summary of the Bill:
• Scope: Cancels all outstanding and unpaid interest, as well as capitalized interest, on both public and private student loans.
• Future Provisions: Prohibits future interest capitalization on public loans and restricts it for private loans.
• Implementation: The Department of Education and the CFPB would oversee the cancellation and ensure compliance by loan servicers.
• Borrower Relief: Credit reports must reflect these changes, and no adverse tax consequences will result from interest cancellation.
Section 1. Short Title
This Act may be cited as the “Student Loan Interest Relief Act of 2024.”
Section 2. Findings
Congress finds the following:
1. The accumulation of interest and capitalized interest on student loans significantly increases the financial burden on borrowers.
2. Capitalized interest often causes student loan balances to balloon, making repayment more difficult and contributing to long-term financial instability for millions of Americans.
3. Reducing or eliminating interest on student loans would provide financial relief to borrowers and stimulate economic growth by increasing disposable income.
4. Both public and private student loan borrowers are affected by capitalized interest, and a uniform solution is necessary to provide equitable relief.
Section 3. Definitions
For purposes of this Act:
1. The term “public student loan” refers to any loan made, insured, or guaranteed under Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), including Direct Loans, Federal Family Education Loans (FFEL), and Perkins Loans.
2. The term “private student loan” refers to any non-federal loan provided by a private lender or institution to cover post-secondary education costs.
3. The term “capitalized interest” refers to any interest that has been added to the principal balance of a loan due to periods of deferment, forbearance, or delinquency.
4. The term “outstanding interest” refers to interest that has accrued on student loans but remains unpaid as of the enactment of this Act.
Section 4. Cancellation of Outstanding Interest and Capitalized Interest on Public and Private Student Loans
(a) Public Student Loans:
1. Cancellation of Outstanding Interest: As of the date of enactment of this Act, any and all outstanding unpaid interest on public student loans shall be canceled. Borrowers shall not be liable for the repayment of any such interest.
2. Cancellation of Capitalized Interest: Any capitalized interest that has been added to the principal of public student loans shall be removed from the loan balance, and the outstanding principal shall be reduced by the amount of capitalized interest removed.
(b) Private Student Loans:
1. Cancellation of Outstanding Interest: As of the date of enactment of this Act, any and all outstanding unpaid interest on private student loans shall be canceled. Borrowers shall not be liable for the repayment of any such interest.
2. Cancellation of Capitalized Interest: Any capitalized interest that has been added to the principal of private student loans shall be removed from the loan balance, and the outstanding principal shall be reduced by the amount of capitalized interest removed.
Section 5. Prohibitiont of Future Capitalization of Interest
(a) Public Student Loans:
1. No interest shall be capitalized on any public student loans after the enactment of this Act, including during periods of deferment, forbearance, or delinquency.
(b) Private Student Loans:
1. No interest shall be capitalized on any private student loans after the enactment of this Act, unless explicitly agreed to in writing by the borrower, and subject to federal consumer protection laws.
Section 6. Credit Reporting and Consumer Protections
1. Credit Reporting Agencies: All major credit reporting agencies shall be required to update borrower credit histories to reflect the cancellation of interest and capitalized interest under this Act. Any negative credit impacts directly resulting from unpaid interest on student loans shall be removed within 90 days of enactment.
2. Borrower Notification: Loan servicers and lenders must notify all affected borrowers of the interest cancellation and revised loan balances within 60 days of the enactment of this Act.
3. No Penalty for Early Repayment: Borrowers shall not be subject to any penalty or fee for making early payments toward their principal balance, notwithstanding any private loan agreements to the contrary.
Section 7. Implementation and Enforcement
(a) Public Student Loans: The Secretary of Education shall be responsible for implementing the provisions of this Act concerning public student loans. All necessary regulations and guidance shall be issued within 90 days of the enactment of this Act.
(b) Private Student Loans: The Consumer Financial Protection Bureau (CFPB) shall be responsible for implementing the provisions of this Act concerning private student loans and shall have the authority to oversee compliance and enforce penalties for violations by private lenders or loan servicers.
Section 8. No Adverse Tax Consequences
The cancellation of interest and capitalized interest under this Act shall not be considered taxable income to borrowers for federal tax purposes.
Section 9. Authorization of Appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, including for administrative costs incurred by the Department of Education and the CFPB.
Section 10. Severability
If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.