Discharging the Federal Student Loan Debt of Totally and Permanently Disabled Veterans
| Published date | 26 August 2019 |
| Citation | 84 FR 44677 |
| Record Number | 2019-18520 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Federal Register, Volume 84 Issue 165 (Monday, August 26, 2019)
[Federal Register Volume 84, Number 165 (Monday, August 26, 2019)]
[Presidential Documents]
[Pages 44677-44678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18520]
[[Page 44675]]
Vol. 84
Monday,
No. 165
August 26, 2019
Part IIThe President-----------------------------------------------------------------------
Memorandum of August 21, 2019--Discharging the Federal Student Loan
Debt of Totally and Permanently Disabled Veterans
Presidential Documents
Federal Register / Vol. 84 , No. 165 / Monday, August 26, 2019 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 44677]]
Memorandum of August 21, 2019
Discharging the Federal Student Loan Debt of
Totally and Permanently Disabled Veterans
Memorandum for the Secretary of Education [and] the
Secretary of Veterans Affairs
Since our Founding, the United States has been blessed
with men and women willing to serve in defense of our
Nation and our ideals. Many of those answering the call
to serve make the ultimate sacrifice for their country,
and many others carry physical and emotional scars for
the rest of their lives.
The Higher Education Act of 1965, as amended by the
Higher Education Opportunity Act in 2008 and other acts
(Higher Education Act), honors veterans who are totally
and permanently disabled as a result of their service
to the Nation by providing for the discharge of their
Federal student loan debt. Borrowers who have been
determined by the Secretary of Veterans Affairs to be
unemployable due to a service-connected condition and
who provide documentation of that determination to the
Secretary of Education are entitled to the discharge of
such debt.
For the last decade, veterans seeking loan discharges
have been required to submit an application to the
Secretary of Education with proof of their disabilities
obtained from the Department of Veterans Affairs. The
process has been overly complicated and difficult, and
prevented too many of our veterans from receiving the
relief for which they are eligible. This has inflicted
significant hardship and serious harm on these veterans
and has frustrated the intent of the Congress that
their Federal student loan debt be discharged.
Only half of the approximately 50,000 totally and
permanently disabled veterans who currently qualify for
the discharge of their Federal student loan debt have
availed themselves of the benefits provided to them by
the Higher Education Act. This has created a serious
and critical problem for disabled veterans, who must
deal with the day-to-day consequences of their service-
connected injuries, and for our military, as readiness
and recruitment suffer when we do not take care of our
veterans. There is a pressing need to quickly and
effectively resolve this problem. Therefore, my
Administration will take prompt action to ensure that
all totally and permanently disabled veterans are able
to obtain, with minimal burden, the Federal student
loan debt discharges to which they are legally
entitled.
Accordingly, by the authority vested in me as President
by the Constitution and the laws of the United States
of America, and to express the gratitude of our Nation
for the service of our totally and permanently disabled
veterans, I hereby direct the following:
Section 1. Policy. It shall be the policy of the
Federal Government to facilitate--in a manner that is
quick, efficient, and minimally burdensome--the
discharge of Federal student loan debt for totally and
permanently disabled veterans.
Sec. 2. Directive to the Secretaries of Education and
Veterans Affairs. (a) The Secretary of Education is
hereby directed to develop as soon as practicable a
process, consistent with applicable law, to facilitate
the swift and effective discharge of the Federal
student loan debt of totally and permanently
[[Page 44678]]
disabled veterans pursuant to section 437 of the Higher
Education Act, 20 U.S.C. 1087; section 455 of the
Higher Education Act, 20 U.S.C. 1087e; and section 464
of the Higher Education Act, 20 U.S.C. 1087dd. To the
maximum extent feasible and consistent with applicable
law, the process developed by the Secretary of
Education should account for and make use of disability
determinations made available to the Secretary of
Education by the Department of Veterans Affairs.
(b) The Secretaries of Education and Veterans
Affairs (Secretaries) shall take appropriate action to
implement the policy set forth in section 1 of this
memorandum as expeditiously as possible. To that end,
the Secretaries shall consider all pathways for the
Department of Veterans Affairs to share disability
determinations with the Department of Education, so
that veterans may be relieved of the burdensome
administrative impediments to Federal student loan debt
discharge.
Sec. 3. Definitions. As used in this memorandum:
(a) the term ``Federal student loan debt'' means
liability to repay Federal Family Education Loan (FFEL)
Program loans, William D. Ford Federal Direct Loan
(Direct Loan) Program loans, and Federal Perkins Loans.
(b) the term ``discharge'' means discharge of FFEL
Program loans and Direct Loan Program loans and
cancellation of Federal Perkins Loans.
Sec. 4. General Provisions. (a) Nothing in this
memorandum shall be construed to impair or otherwise
affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent
with applicable law and subject to the availability of
appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any
party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person.
(d) The Secretary of Education is hereby authorized
and directed to publish this memorandum in the Federal
Register.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, August 21, 2019
[FR Doc. 2019-18520
Filed 8-23-19; 11:15 am]
Billing code 4000-01-P
