Discharging the Federal Student Loan Debt of Totally and Permanently Disabled Veterans, 44677-44678 [2019-18520]

Agencies

• Executive Office of the President

[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 II





The President





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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