Federal Student Loan Debt Relief in the
February 28, 2022
Context of COVID-19
Alexandra Hegji
Title IV of the Higher Education Act of 1965 (HEA; P.L. 89-329, as amended) authorizes the
Analyst in Social Policy
operation of three federal student loan programs: the William D. Ford Federal Direct Loan

(Direct Loan) program, the Federal Family Education Loan (FFEL) program, and the Federal
Perkins Loan program. While new loans are currently authorized to be made only through the

Direct Loan program, previously made FFEL and Perkins Loan program loans remain
outstanding and borrowers of such loans remain responsible for repaying them. As of September 30, 2021, $1.6 trillion in
loans from these programs, borrowed by or on behalf of 43.4 million individuals, remained outstanding. In response to the
current COVID-19 pandemic, numerous questions have arisen regarding student loan repayment flexibilities and debt relief
that may be available to individuals to alleviate potential financial effects related to COVID-19.
The HEA authorizes several flexibilities that may be relevant to individuals facing financial difficulties resulting from
COVID-19. These include the following:
 Loan deferment and forbearance options offer a borrower temporary relief from the obligation to make
monthly payments. In certain instances, interest does not accrue during deferment periods; although interest
does accrue during forbearance periods. Periods of deferment or forbearance do not count toward the 120
monthly payments required to qualify for Public Service Loan Forgiveness (PSLF), nor do they count
toward the 20- or 25-year repayment periods under the income-driven repayment (IDR) plans.
 IDR plans afford borrowers the opportunity to make payments on their loans in amounts that are capped at
a specified share or proportion of their discretionary income over a repayment period not to exceed 20 or
25 years, depending on the plan. At the end of the repayment period, the remaining balance of an
individual’s loans is forgiven.
Recent administrative and congressional actions, including the enactment of the Coronavirus Aid, Relief, and Economic
Security (CARES) Act (P.L. 116-136), provide additional student loan relief measures:
 The accrual of interest on Department of Education (ED) held student loans and certain non-ED-held
student loans is suspended from March 13, 2020, through May 1, 2022.
 ED-held student loans and certain non-ED-held student loans are being placed in a special administrative
forbearance for March 13, 2020, through May 1, 2022. During this time, borrowers will not be required to
make payments due on their loans. This special administrative forbearance will count toward the 120
monthly payments required to qualify for PSLF, the 20- and 25-year repayment periods under the IDR
plans, and the nine voluntary payments required for individuals to rehabilitate their defaulted loans.
 Debt collections activities, including involuntary collection activities such as wage garnishment and offset
of certain federal benefits (e.g., federal income tax return benefits, Social Security benefits) are suspended
on ED-held student loans and certain non-ED-held student loans for March 13, 2020, through May 1, 2022.
 Multiple rules related to the 120 monthly payments required to qualify for PSLF are waived for a limited
time. Most prior periods of repayment are to count as a qualifying payment under PSLF, regardless of
whether the borrower was enrolled in a PSLF-qualifying repayment plan or whether the payments made
were late or for less than the amount due. Borrowers of FFEL and Perkins Loan program loans may
consolidate their loans into a Direct Loan program Consolidation Loan by October 31, 2022, and have
periods of repayment prior to the consolidation count as a PSLF-qualifying payment. In all cases,
borrowers must have met PSLF employment criteria.

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Federal Student Loan Debt Relief in the Context of COVID-19

Introduction
Title IV of the Higher Education Act of 1965 (HEA; P.L. 89-329, as amended) authorizes the
operation of three federal student loan programs: the William D. Ford Federal Direct Loan (Direct
Loan) program, the Federal Family Education Loan (FFEL) program, and the Federal Perkins
Loan program.1 While new loans are currently authorized to be made only through the Direct
Loan program, previously made FFEL and Perkins Loan program loans remain outstanding and
borrowers of such loans remain responsible for repaying them.
As of September 30, 2021, approximately $1.6 trillion in these loans, borrowed by or on behalf of
43.4 million individuals,2 remained outstanding.
 Direct Loan program loans are owned by the U.S. Department of Education
(ED). As of September 30, 2021, approximately 37.0 million borrowers owed
about $1.4 trillion in Direct Loan debt.3
 FFEL program loans may be held by private lenders, guaranty agencies, or ED.
As of September 30, 2021, approximately 10.2 million borrowers owed about
$230.4 billion in FFEL program debt. Of that, approximately $83.3 billion was
held by ED, representing between 2.9 million and 5.6 million borrowers4; about
$121.6 billion was held by private lenders, representing debt for about 4.7
million borrowers; and $25.6 billion was held by guaranty agencies, representing
debt for about 1.1 million borrowers.5
 Perkins Loan program loans may be held by institutions of higher education
(IHEs) that made the loans or by ED. As of September 23, 2021, ED held nearly
$1.1 billion in Perkins Loans, representing debt owed for approximately 358,000
borrowers, and IHEs held about $3.4 billion, representing debt for approximately
1.2 million borrowers.6

1 For additional information on loans made under these programs, see CRS Report R45931, Federal Student Loans
Made Through the William D. Ford Federal Direct Loan Program: Terms and Conditions for Borrowers; CRS Report
RL31618, Campus-Based Student Financial Aid Programs Under the Higher Education Act; and CRS Report R40122,
Federal Student Loans Made Under the Federal Family Education Loan Program and the William D. Ford Federal
Direct Loan Program: Terms and Conditions for Borrowers (archived).
2 This number represents an unduplicated number of federal student loan recipients. Some individuals may have
borrowed from more than one federal student loan program. As such, the numbers of recipients for the various federal
student loan programs presented herein sum to greater than 43.4 million. U.S. Department of Education (ED), Office of
Federal Student Aid, Federal Student Aid Data Center, “Federal Student Aid Portfolio Summary,”
https://studentaid.gov/sites/default/files/fsawg/datacenter/library/PortfolioSummary.xls, (hereinafter, ED, “Federal
Student Aid Portfolio Summary”).
3 ED, “Federal Student Aid Portfolio Summary.”
4 Approximately 2.9 million borrowers have FFEL program loans placed with ED-contracted loan servicers, and
approximately 2.7 million borrowers have FFEL program loans placed with the ED-contracted Default Management
System. An individual may have FFEL program loans placed with both ED-contracted loan servicers and the Default
Management System; thus, the unduplicated count of FFEL program borrowers with loans held by ED is unknown.
ED, Office of Federal Student Aid, Federal Student Aid Data Center, “Location of Federal Family Education Loan
Program Loans,” https://studentaid.gov/sites/default/files/fsawg/datacenter/library/LocationofFFELPLoans.xls.
5 An individual borrower may have FFEL program loans held by a commercial lender and a guaranty agency; thus, the
unduplicated count of FFEL program borrowers with loans that are not held by ED is unknown. ED, Office of Federal
Student Aid, Federal Student Aid Data Center, “Location of Federal Family Education Loan Program Loans,”
https://studentaid.gov/sites/default/files/fsawg/datacenter/library/LocationofFFELPLoans.xls.
6 CRS communication with ED, Office of Legislative and Congressional Affairs, October 14, 2021. An individual
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In response to the COVID-19 pandemic, numerous questions have arisen regarding student loan
repayment flexibilities and debt relief that may be available to individuals to alleviate potential
financial effects related to COVID-19. The HEA generally authorizes several options for
qualifying individuals. Recent administrative and congressional action, including the enactment
of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136), provide
additional student loan relief measures.
This report provides an overview of student loan repayment flexibilities and debt relief provisions
that may be available to borrowers facing financial difficulties resulting from the pandemic. It
first lists some preexisting loan terms and conditions (authorized through statute and regulations)
that may be available to individuals. It then discusses specific administrative and congressional
actions taken to address student loan debt in the context of COVID-19. The report concludes with
a brief description of additional existing authorities that could be utilized to address other aspects
of student loan relief.
Preexisting Loan Terms and Conditions
Several loan terms and conditions that offer forms of repayment relief to borrowers were
authorized in statute and regulations prior to the onset of the COVID-19 pandemic. These include
periods of deferment and forbearance, which offer borrowers temporary relief from the obligation
to make monthly payments; and the availability of income-driven repayment (IDR) plans (e.g.,
income-based repayment, Pay As You Earn [PAYE]), which afford borrowers the opportunity to
make payments in amounts that are capped at a specified share or proportion of their
discretionary income, for a maximum repayment period of 20 or 25 years.
Deferment
A deferment is a temporary period during which a borrower’s obligation to make regular monthly
payments of principal or interest is suspended, and during which an interest subsidy (i.e., interest
does not accrue) may be provided on certain types of loans. Where an interest subsidy is not
provided, unpaid interest that has accrued on a borrower’s loan during a deferment is capitalized
(i.e., added to the principal) at the expiration of the deferment period. Periods of deferment do not
count toward the 120 monthly payments required to qualify for Public Service Loan Forgiveness
(PSLF),7 and most are not included in a borrower’s repayment period (e.g., periods of
unemployment deferment do not count toward the maximum repayment periods of 20 or 25 years
under the IDR plans). In most instances, a borrower must proactively apply for and request a
deferment.
A deferment may be granted for a variety of reasons. Unemployment deferment and economic
hardship deferment (described below) may be especially relevant to individuals facing financial
difficulties due to COVID-19. These types of deferment are available to borrowers of loans made
under the Direct Loan, FFEL, and Perkins Loan programs.

borrower may have Perkins Loan program loans held by ED and an IHE. The unduplicated count of Perkins Loan
program borrowers and amounts as of September 23, 2021, is unknown.
7 Similarly, periods of deferment do not count toward the 120 monthly payments required to qualify for Temporary
Expanded PSLF (TEPSLF). For additional information on PSLF, see CRS Report R45389, The Public Service Loan
Forgiveness Program: Selected Issues.
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Unemployment Deferment
A borrower who is seeking to obtain full-time employment and is either not employed or
employed less than full-time may be granted an unemployment deferment.8 To be eligible, a
borrower must either be receiving unemployment benefits or document that he or she has
registered with a public or private employment agency (if one is available within 50 miles) and is
diligently seeking to obtain full-time employment.
The deferment may be granted for an initial six-month period, and may be extended in six-month
increments.9 A borrower may receive the deferment for a maximum cumulative period of three
years, which may include one or more episodes of unemployment.10
During an unemployment deferment, an interest subsidy is provided on Direct Subsidized Loans,
the subsidized component of Direct Loan program Consolidation Loans (Direct Consolidation
Loans)11, FFEL Stafford (Subsidized) Loans, the subsidized component of FFEL Consolidation
Loans, and Perkins Loans.
Economic Hardship Deferment
A borrower may qualify for a deferment during periods while he or she is experiencing an
economic hardship.12 To qualify, a borrower must be (1) receiving payments under a federal or
state public assistance program (e.g., Temporary Assistance for Needy Families [TANF],
Supplemental Security Income [SSI], Supplemental Nutrition Assistance Program [SNAP], state
general public assistance, other means-tested benefits), or (2) working full-time and have a
monthly income that does not exceed an amount equal to 150% of the poverty line applicable to
the borrower’s family size, as calculated on a monthly basis.13
The deferment may be granted for periods of up to one year at a time, and may be extended up to
a cumulative maximum of three years.14 Periods of up to three years while a borrower qualifies
for an economic hardship deferment may be counted as part of the repayment period for each of
the IDR plans.

8 34 C.F.R. §§674.34(d), 682.210(h) and (s)(5), 685.204(f); ED, Office of Federal Student Aid, “Unemployment
Deferment Request,” OMB No. 1845-0011, https://studentloans.gov/myDirectLoan/downloadForm.action?
searchType=library&shortName=unemploy&localeCode=en-us&_ga=2.212772371.684834368.1556119313-
753213604.1539381477.
9 For Perkins Loan program loans, IHEs must reaffirm continued deferment eligibility on at least an annual basis; 34
C.F.R. §674.38(d).
10 After a period of unemployment deferment, a Perkins Loan borrower is entitled to a post-deferment grace period of
six consecutive months; 34 C.F.R. §674.34(k).
11 Consolidation Loans allow individuals who have at least one loan borrowed through the Direct Loan program or the
FFEL program to refinance their eligible federal student loan debt by borrowing a new loan and using the proceeds to
pay off their existing federal student loan obligations.
12 34 C.F.R. §§674.34(e), 682.210(s)(6), 685.204(g); ED, Office of Federal Student Aid, “Economic Hardship
Deferment Request,” OMB No. 1845-0011, https://studentloans.gov/myDirectLoan/downloadForm.action?
searchType=library&shortName=ecohardshp&localeCode=en-us&_ga=2.9995570.684834368.1556119313-
753213604.1539381477.
13 A borrower may also qualify for an economic hardship deferment if he or she is serving as a volunteer in the Peace
Corps.
14 After a period of economic hardship deferment, a Perkins Loan borrower is entitled to a post-deferment grace period
of six consecutive months; 34 C.F.R. §674.34(k).
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During an economic hardship deferment, an interest subsidy is provided on Direct Subsidized
Loans, the subsidized component of Direct Consolidation Loans, FFEL Stafford Loans, the
subsidized component of FFEL Consolidation Loans, and Perkins Loans.
Forbearance
Forbearance constitutes permission for a borrower to temporarily cease making monthly
payments, to make payments in reduced amounts, or to make payments over an extended period
of time. During periods of forbearance, no interest subsidies are provided (i.e., interest continues
to accrue) and borrowers ultimately remain responsible for paying all of the interest that accrues
on their loans. Borrowers may pay the interest as it accrues during forbearance. At the end of the
forbearance period, any unpaid accrued interest is capitalized into the principal balance of Direct
Loan program and FFEL program loans; it is not capitalized15 (but remains due) for Perkins Loan
program loans.16 Periods of forbearance do not count toward the 120 monthly payments required
to qualify for PSLF,17 and are not included in a borrower’s repayment period (e.g., periods of
student loan debt burden forbearance do not count toward the maximum repayment periods of 20
or 25 years under the IDR plans). Generally, borrowers must apply for forbearance.
General forbearance and student loan debt burden forbearance (described below) may be
especially relevant to individuals facing financial difficulties due to COVID-19. These types of
forbearance are available to borrowers of loans made under the Direct Loan, FFEL, and Perkins
Loan programs.
General Forbearance
A borrower may request a general forbearance (sometimes referred to as a discretionary
forbearance) on the basis of experiencing a temporary hardship due to financial difficulties, a
change in employment, medical expenses, or other reasons.18
General forbearance may be granted for an initial period of up to 12 months, renewed upon the
borrower’s request, and limited to a maximum of 36 months.19 At the end of the forbearance
period, any unpaid interest that accrued on Direct Loan and FFEL program loans during the
period is capitalized.20

15 On certain occasions, any interest that has accrued but not been paid by the borrower may be added to the
outstanding principal balance of the borrower’s loan; this is known as interest capitalization. When interest capitalizes,
it becomes part of the outstanding principal balance and interest begins to accrue on that new, larger loan amount.
16 34 C.F.R. §§674.33(d), 382.211(a)(4), 385.205(a).
17 Similarly, periods of forbearance do not count toward the 120 monthly payments required to qualify for TEPSLF.
For additional information on PSLF, see CRS Report R45389, The Public Service Loan Forgiveness Program: Selected
Issues.
18 34 C.F.R. §§674.33(d)(5)(ii), 682.211(a)(2)(i), 685.205(a)(1); ED, “General Forbearance Request,” OMB No. 1845-
0031, https://studentloans.gov/myDirectLoan/downloadForm.action?searchType=library&shortName=general&
localeCode=en-us&_ga=2.218639505.986094327.1560875974-753213604.1539381477.
19 General forbearance is available to FFEL and Direct Loan program borrowers for up to 36 months. General
forbearance, alone or in combination with any other type of forbearance, is available to Perkins Loan borrowers for a
cumulative period of 36 months. ED, “General Forbearance Request,” OMB No. 1845-0031, https://studentloans.gov/
myDirectLoan/downloadForm.action?searchType=library&shortName=general&localeCode=en-us&_ga=
2.218639505.986094327.1560875974-753213604.1539381477; ED, Office of Federal Student Aid, “Student Loan
Forbearance,” https://studentaid.gov/manage-loans/lower-payments/get-temporary-relief/forbearance (accessed
February 7, 2022).
20 In general, interest does not capitalize on Perkins Loans following periods of forbearance.
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Student Loan Debt Burden Forbearance
A borrower may receive a forbearance on the basis of having a federal student loan debt burden
that equals or exceeds 20% of his or her total monthly taxable income.21 To qualify, a borrower
must demonstrate that his or her required monthly payments on HEA Title IV federal student
loans (e.g., loans made under the Direct Loan, FFEL, or Perkins Loan programs) equal or exceed
that amount.
Student loan debt burden forbearance may be granted for an initial period of up to 12 months,
may be renewed upon the borrower’s request, and is limited to a maximum of 36 months.22
Income-Driven Repayment Plans
IDR plans23 afford borrowers the opportunity to make payments in amounts that are capped at a
specified share or proportion of their discretionary income24 over a repayment period not to
exceed 20 to 25 years, depending on the plan. At the end of the repayment period, the remaining
balance of an individual’s loans is forgiven. Under these plans, it is possible for a borrower’s
monthly payment to equal $0.
There are several IDR plans currently available to borrowers: the Income-Contingent Repayment
(ICR) plan, the Income-Based Repayment (IBR) plans (one version of which is available to
individuals who qualify as a new borrower on or after July 1, 2014; and another which is
available to individuals who do not qualify as a new borrower as of that date), the Pay As You
Earn (PAYE) repayment plan, and the Revised Pay As You Earn (REPAYE) repayment plan. In
general, Direct Loan borrowers (other than Parent PLUS Loan25 borrowers) are eligible for any of
these plans.26 FFEL program borrowers (other than Parent PLUS loan borrowers) are only eligible
for the IBR plans.27 Perkins Loan borrowers are not eligible for any IDR plan.
Individuals must apply to repay their loans according to an IDR plan.28 In addition, they must
annually provide documentation of their income and family size, which is used to determine their
discretionary income, to remain eligible for IDR repayment.29 Borrowers may update their

21 34 C.F.R. §674.33(d)(5)(i), 682.211(h)(2)(i)(B), 685.205(a)(6); ED, Mandatory Forbearance Request, “Student Loan
Debt Burden,” OMB No. 1845-0018, https://studentloans.gov/myDirectLoan/downloadForm.action?searchType=
library&shortName=student&localeCode=en-us&_ga=2.148341183.986094327.1560875974-753213604.1539381477.
22 General forbearance is available to FFEL and Direct Loan program borrowers for up to 36 months. General
forbearance, alone or in combination with any other type of forbearance, is available to Perkins Loan borrowers for a
cumulative period of 36 months. 34 C.F.R. §§674.33(d)(5)(i), 682.211(h)(2)(i)(B), 685.205(a)(6).
23 For additional information on the IDR plans, see ED, Office of Federal Student Aid, “Income-Driven Repayment
Plans, https://studentaid.gov/manage-loans/repayment/plans/income-driven (accessed August 12, 2021) and CRS
Report R45931, Federal Student Loans Made Through the William D. Ford Federal Direct Loan Program: Terms and
Conditions for Borrowers.
24 Discretionary income is defined as the portion of a borrower’s adjusted gross income that is in excess of a specified
multiple of the federal poverty guidelines applicable to the borrower’s family size.
25 A parent of a dependent undergraduate student may borrow Parent PLUS on behalf of the student to help finance the
cost of the student’s postsecondary education.
26 34 C.F.R. §685.208.
27 34 C.F.R. §682.215.
28 ED, “Income-Driven Repayment (IDR) Plan Request,” OMB No. 1845-0102, https://studentaid.gov/app/images/
idrPreview.pdf.
29 On December 19, 2019, the Fostering Undergraduate Talent by Unlocking Resources for Education Act (the
FUTURE Act; P.L. 116-91) was enacted. Among other provisions, P.L. 116-91 authorizes the Internal Revenue Service
to share relevant tax return information with ED for the purpose of determining a Direct Loan borrower’s eligibility for
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income and family size at any time if either changes. Upon submission of such information, a
borrower’s monthly payment amount will be recalculated accordingly.
Administrative and Congressional Actions Taken in
Response to COVID-19
ED and Congress have taken steps to provide additional forms of relief to federal student loan
borrowers in response to COVID-19. These include cancelling Direct Loans for payment periods
during which qualifying individuals withdrew from their course of study due to COVID-19,
temporarily suspending interest accrual on qualifying loans, expanding the instances under which
a forbearance may be available to borrowers of qualifying loans, and temporarily ceasing
collections on qualifying defaulted loans.
Returning Direct Loans
Under the HEA, a Direct Loan borrower may be required to return or repay all or part of the
Direct Loans borrowed if the student does not complete a payment or enrollment period at an IHE
for which the loan was received. Required procedures for such returns or repayments vary
depending on whether a student did not begin attendance at an IHE or whether he or she
withdrew.
Failure to Begin Attendance
If a student does not begin attendance at an IHE in a payment period30 or period of enrollment,31
Title IV funds (including Direct Loan funds) must be returned to ED by the IHE and/or the
student according the regulatory provisions.32 For Direct Loan amounts required to be returned by
the student, the IHE must immediately notify ED (or its loan servicers) when it becomes aware
that the student will not begin or has not begun attendance. Loan servicers then issue a final
demand letter to the borrower. The demand letter requires the borrower to repay any loan
principal and accrued interest within 30 days from the date the letter is mailed.33 If the borrower
fails to comply with the demand letter, he or she is considered in default on the loan.
ED has waived the requirement that IHEs notify loan servicers if a student will not or has not
begun attendance. By waiving this requirement, loan servicers would not issue demand letters,
and borrowers would be able to repay any loans according to the terms of the promissory note,
including receiving a six-month grace period prior to the start of repayment. This waiver expires

and repayment obligations under IDR plans. As of the publication date of this report, it appears these procedures have
not yet been operationalized.
30 A payment period is the period for which a Title IV student aid disbursement must be made. Payment periods differ
by IHE and may also differ by educational programs within IHEs, based on a variety of criteria including whether an
educational program is measured in clock- or credit-hours and the type of term (e.g., semester, trimester, quarter) the
educational program uses. For additional information, see 34 C.F.R. §668.4.
31 A period of enrollment, often called a loan period, is the period for which a Direct Loan is intended. A period of
enrollment “must coincide with one or more bona fide academic terms established by the school for which institutional
charges are generally assessed (e.g., a semester, trimester, or quarter).” 34 C.F.R. §685.201(b).
32 34 C.F.R. §668.21.
33 34 C.F.R. §685.211(e)(2).
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at the end of the IHE’s “payment period that begins after the date on which the Federally-declared
national emergency related to COVID-19 is rescinded.”34
Withdrawal
HEA Section 484B specifies that when a Title IV aid recipient withdraws from an IHE before the
end of the payment or enrollment period for which funds were disbursed, Title IV funds
(including any Direct Loans received) must be returned to ED by the IHE and/or aid recipient
according to statutorily prescribed rules (this is often referred to as Return of Title IV Aid). If an
aid recipient is required to return any portion of a Direct Loan, he or she repays it in accordance
with the terms of the loan.35
The CARES Act authorizes several waivers with respect to Return of Title IV Aid procedures.
Specific to Direct Loan borrowers, the act requires ED to cancel a borrower’s obligation to repay
the entire portion of a Direct Loan associated with a payment period during which the student
withdraws from an IHE as a result of a qualifying emergency.36
Entering Repayment
In general, borrowers of Direct Loan, FFEL, and Perkins Loan program loans are required to
make payments on the loans during a repayment period. The repayment period for Direct
Subsidized Loans, Direct Unsubsidized Loans, FFEL Stafford Loans, FFEL Unsubsidized Loans,
and Perkins Loans begins after a grace period.37 The grace period begins after the borrower ceases
to be enrolled in an eligible postsecondary program on at least a half-time basis (enrollment on at
least a half-time basis is often referred to as in-school status for federal student loan purposes).
The repayment period for Direct PLUS Loans (to graduate students and to parents of dependent
undergraduate students), Direct Consolidation Loans, FFEL PLUS Loans, and FFEL
Consolidation Loans is required to begin when the loan is fully disbursed. However, borrowers of
these loans, along with borrowers of Direct Subsidized Loans, Direct Unsubsidized Loans, FFEL
Stafford Loans, FFEL Unsubsidized Loans, and Perkins Loans, may qualify for a deferment on
the basis of their in-school status (or the in-school status of the student on whose behalf a PLUS
Loan was made to a parent borrower), during which time they are not required to make payments
on their loans but during which interest may accrue.38 A borrower qualifies for such an in-school
deferment if he or she, or the student on whose behalf a PLUS Loan is made, is enrolled on at
least a half-time basis.
ED has announced some flexibilities for borrowers of Direct Loan and FFEL program loans
whose loan status was in-school on the date the student’s “attendance at the institution was

34 ED, “Federal Student Aid Programs (Student Assistance General Provisions, Federal Perkins Loan Program, William
D. Ford Federal Direct Loan Program, and Federal-Work Study Programs),” 85 Federal Register 79860, December 11,
2020 (hereinafter ED, Waivers and Flexibilities).
35 34 C.F.R. §668.22(h)(3)(i).
36 The CARES Act defines a qualifying emergency as (1) “a public health emergency related to the coronavirus
declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act”; (2)
an event related to the coronavirus for which the President declared a major disaster or an emergency under section 401
or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act”; or (3) “a national
emergency related to the coronavirus declared by the President under section 201 of the National Emergencies Act.”
37 34 C.F.R. §§674.31, 682.209, 685.207. For Direct Loan program and FFEL program loans, the grace period typically
lasts six months. For Perkins Loan program loans, the grace period typically lasts nine months.
38 34 C.F.R. §§674.33, 682.210, 685.204(b).
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interrupted due to COVID-19 national emergency.”39 The loan status of such borrowers will
continue to be reported as in-school until the IHE determines that the student has withdrawn from
it.40 ED has permitted IHEs to defer reporting a student’s withdrawn status if the IHE has a
reasonable expectation that it will reopen at the start of a payment period that begins no later than
90 days following its COVID-19-related closure and that the student will resume attendance
when the IHE reopens.41 This flexibility is available through the end of an IHE’s payment period
that includes December 31, 2020, or the end of the IHE’s payment period “that includes the end
date for the Federally-declared emergency related to COVID-19,” whichever is later.42
ED guidance does not address Perkins Loans.
Interest Accrual
Interest is charged on loans made under the Direct Loan, FFEL, and Perkins Loan programs.
Typically, under a limited set of circumstances the federal government subsidizes some or all of
the interest that would otherwise accrue on certain Direct Subsidized Loans, FFEL Stafford
Loans, and Perkins Loans.43
For March 13, 2020, through May 1, 2022, the accrual of interest on ED-held student loans (e.g.,
all Direct Loan program loans, and FFEL and Perkins Loan program loans held by ED),
specified44 defaulted FFEL program loans held by guaranty agencies (GAs)—some of which have
been transferred to ED (see text box below)45—and specified previously defaulted FFEL program

39 ED, Office of Postsecondary Education, Electronic Announcement, “UPDATED Guidance for interruptions of study
related to Coronavirus (COVID-19),” April 3, 2020, https://fsapartners.ed.gov/knowledge-center/library/electronic-
announcements/2020-04-03/updated-guidance-interruptions-study-related-coronavirus-covid-19. ED guidance does not
specify which circumstances (e.g., an IHE’s temporary closure or a student’s withdrawal) constitutes an interruption
due to COVID-19.
40 ED, Office of Postsecondary Education, Electronic Announcement, “UPDATED Guidance for interruptions of study
related to Coronavirus (COVID-19),” April 3, 2020, https://fsapartners.ed.gov/knowledge-center/library/electronic-
announcements/2020-04-03/updated-guidance-interruptions-study-related-coronavirus-covid-19.
41 ED, Office of Postsecondary Education, Electronic Announcement, “Guidance for interruptions of study related to
Coronavirus (COVID-19),” March 5, 2020 (updated June 16, 2020), https://fsapartners.ed.gov/knowledge-center/
library/electronic-announcements/2020-03-05/guidance-interruptions-study-related-coronavirus-covid-19-updated-
june-16-2020.
42 ED, Office of Postsecondary Education, Electronic Announcement, “Updated deadlines for flexibilities related to
Coronavirus (COVID-19),” August 21, 2020, https://fsapartners.ed.gov/knowledge-center/library/electronic-
announcements/2020-08-21/updated-deadlines-flexibilities-related-coronavirus-covid-19.
43 Periods of interest subsidy include, but are not limited to, in-school periods while a borrower is enrolled in an eligible
program on at least a half-time basis, during a grace period following enrollment on at least a half-time basis, and
during periods of authorized deferment.
44 Defaulted FFEL program loans held by GAs that are eligible for this relief are those loans on which a default claim
was paid prior to March 13, 2020, that are not subject to an active bankruptcy filing, and that were still in default as of
May 12, 2021. Also included are those loans on which a default claim was paid on or after March 13, 2020, and those
paid on or prior to the end of the current student loan payment pause that are not subject to an active bankruptcy filing
and that were still in default as of May 12, 2021. In general, a GA pays a default claim (i.e., reimburses the FFEL
program loan holder for most or all of the losses associated with a default) if a borrower defaults on their FFEL
program loan. 34 C.F.R. §682.404(a).
45 The cessation of interest accrual (“0% interest policy”) for defaulted GA-held FFEL program loans was put into
place via administrative action on March 30, 2021. In doing so, ED announced that the policy would apply
retroactively to March 13, 2020, but only for the period that a GA held the loan. ED, “Department of Education
Announces Expansion of COVID-19 Emergency Flexibilities to Additional Federal Student Loans in Default,” press
release, March 30, 2021, https://www.ed.gov/news/press-releases/department-education-announces-expansion-covid-
19-emergency-flexibilities-additional-federal-student-loans-default; and ED, Office of Postsecondary Education, Dear
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loans46 is suspended.47 This means borrowers of these loan types will not be responsible for
paying interest on such loans for this period. (In practice, the cessation of interest accrual means
that the interest rates for qualifying student loans have been effectively set to 0% during this time
period.) This will permit borrowers to enter into a period of deferment or forbearance without
concern for whether interest would accrue and capitalize. Borrowers who continue making
payments on their loans during this time of interest suspension will not have decreased monthly
payments. They will have the full amount of the payments applied toward interest and fees (for
defaulted loans only) that accrued prior to March 13, 2020, and then to loan principal.48
Borrowers who are eligible for this benefit need not apply for it; ED and GAs (in the case of
those currently or previously defaulted FFEL program loans specified above) will automatically
adjust their accounts to reflect the interest suspension.
In addition, ED has authorized FFEL program lenders and institutions that hold Perkins Loans to
provide the interest suspension benefit to non ED-held loans on a voluntary basis for the duration
of the COVID-19 national emergency.49 Borrowers who are ineligible for the interest suspension
benefit because their FFEL program lender or Perkins Loan program IHE is not providing it may
take advantage of the interest suspension period by consolidating such loans into a Direct
Consolidation Loan, which is eligible for the interest suspension benefit.50

Colleague Letter GEN-21-03, “Expansion of Collections Pause to Defaulted FFEL Program Loans Managed by
Guaranty Agencies (Updated May 24, 2021), May 12, 2021, https://fsapartners.ed.gov/knowledge-center/library/dear-
colleague-letters/2021-05-12/expansion-collections-pause-defaulted-ffel-program-loans-managed-guaranty-agencies-
updated-may-24-2021.
46 These loans are those that were in default during the COVID-19 pandemic (regardless of when a default claim was
paid) and for which the default was resolved through rehabilitation or consolidation prior to May 12, 2021. Upon
rehabilitation or consolidation, the loans may have been purchased by third-party lenders or transferred to ED. For any
such loans purchased by a third-party lender, it appears that the loans would be ineligible for the 0% interest policy
after the purchase, as they would be FFEL program loans not held by ED. For any such loans transferred to ED, it
appears that they would be eligible for the 0% interest policy after the transfer, as they would be FFEL program loans
held by ED.
47 The cessation of interest accrual (“0% interest policy”) for ED-held loans was originally put into place via
administrative action by ED on March 20, 2020. Since then, it has been extended numerous times via administrative
and legislative action. Most recently, on December 22, 2021, ED announced an extension of the 0% interest rate policy
to last through May 1, 2022. ED, “Biden-Harris Administration Extends Student Loan Pause Through May 1, 2022,”
press release, December 22, 2021, https://www.ed.gov/news/press-releases/biden-harris-administration-extends-
student-loan-pause-through-may-1-2022; and ED, Office of Federal Study Aid, COVID-19 Loan Payment Pause and
0% Interest, https://studentaid.gov/announcements-events/covid-19/payment-pause-zero-interest (accessed February 3,
2022) (hereinafter ED, COVID-19 Loan Payment Pause and 0% Interest). For additional information on the history of
these actions, see ED, Waivers and Flexibilities, p. 79862.
48 ED, COVID-19 Loan Payment Pause and 0% Interest (accessed February 3, 2022).
49 ED, Waivers and Flexibilities, p. 79862, and ED, Office of Postsecondary Education, Electronic Announcement,
“UPDATED Guidance for interruptions of study related to Coronavirus (COVID-19),” April 3, 2020,
https://fsapartners.ed.gov/knowledge-center/library/electronic-announcements/2020-04-03/updated-guidance-
interruptions-study-related-coronavirus-covid-19. At least some IHEs have suspended payments on their Perkins Loans
in response to COVID-19. See, for example, Danielle Douglas-Gabriel, “University of California offers Perkins Loan
borrowers relief. Will other colleges follow?” The Washington Post, April 20, 2020.
50 ED, COVID-19 Loan Payment Pause and 0% Interest (accessed February 3, 2022). When a borrower consolidates a
loan(s) into a Direct Consolidation Loan, its proceeds are used to pay off the borrower’s previous loans. The resulting
Direct Consolidation Loan is an entirely new loan with potentially different terms and conditions than the underlying
loans; thus, benefits uniquely associated with the underlying loans (e.g., Perkins Loan cancellation benefits) may no
longer be available upon consolidation. In addition, progress made towards loan forgiveness under the various IDR
plans on the underlying loans will not count toward loan forgiveness under an IDR plan on the resulting Direct
Consolidation Loan.
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This interest suspension, coupled with the various options for temporary cessation of payments
(e.g., forbearance, deferment) discussed throughout this report, means that qualifying borrowers
may temporarily cease making payments on their loans without interest accruing or being subject
to capitalization51 when they begin to make payments again at a later point in time.
Assignment of Certain Defaulted FFEL Program Loans to ED
When an FFEL borrower defaults, the loan holder files a default claim (or insurance claim) with a GA. Upon
payment of the claim, which serves as payment for the holder’s losses stemming from borrower default, the holder
assigns the defaulted loan to the GA, which in turn files a claim with ED for a reinsurance payment. GAs are
responsible for handling initial col ections work on defaulted loans and for administering other aspects of the FFEL
program. In certain instances, ED may require GAs to assign defaulted loans to it. Upon assignment, ED becomes
the holder of the defaulted FFEL program loan and becomes responsible for servicing and col ecting on it (via
contracted loan servicers).
In addition to extending several of the COVID-19 pandemic student loan relief provisions (cessation of interest
accrual and debt col ections) to defaulted GA-held FFEL program loans, ED is also requiring that GAs assign a
subset of such loans to it. Specifically, GAs are required to assign to ED defaulted FFEL program loans on which the
GA pays a default claim to a FFEL program lender on or after March 13, 2020, and on or prior to the end date of
the current student loan payment pause for ED-held loans and that are not subject to an active bankruptcy filing.
Thus, ED wil become the owner of these loans and wil become responsible for servicing and col ecting on such
loans. In addition, these loans wil be returned to good standing (i.e., active repayment status).
Sources: 20 U.S.C. §1078(c)(8); 34 C.F.R. §682.409; and U.S. Department of Education, Office of Postsecondary
Education, Dear Col eague Letter GEN-21-03, “Expansion of Col ections Pause to Defaulted FFEL Program Loans
Managed by Guaranty Agencies (Updated May 24, 2021), May 12, 2021, https://fsapartners.ed.gov/knowledge-
center/library/dear-col eague-letters/2021-05-12/expansion-col ections-pause-defaulted-ffel-program-loans-managed-
guaranty-agencies-updated-may-24-2021. For additional information on FFEL program administration and GAs, see
CRS Report R46409, Proposals to Extend CARES Act Provisions to Federal Student Loans Not Held by the Department of
Education: Frequently Asked Questions.
Cessation of Payments
In addition to the preexisting deferment and forbearance options available to borrowers, ED and
Congress have taken further steps to enable borrowers to temporarily cease making payments on
their qualifying loans.
For March 13, 2020, through May 1, 2022, ED-held student loans (e.g., all Direct Loan program
loans, and FFEL and Perkins Loan program loans held by ED) and defaulted GA-held FFEL
program loans that are transferred to ED under specified conditions (see text box)52 will have

51 ED has indicated that any balance of unpaid interest on a borrower’s loan before March 13, 2020, will not be
capitalized when the COVID-19 payment suspension (discussed later in this report) ends and through November 2,
2022, unless the borrower consolidates their loan. This policy differs from ED’s previous policy under which a balance
of unpaid interest on a borrower’s loan before March 13, 2020, was capitalized in a larger set of instances. ED indicates
that it has asked loan servicers to undo any interest capitalization that has an effective date after March 13, 2020. For
additional information, see ED, COVID-19 Loan Payment Pause and 0% Interest (accessed February 3, 2022).
52 On March 30, 2021, ED announced that FFEL program loans that defaulted on or after March 13, 2020, would be
returned to good standing. Because such loans have been returned to good standing and are now held by ED, the
COVID-19 monthly payment suspension that applies to ED-held loans now applies to these loans; thus, such borrowers
are not required to make monthly payments on their loans. ED “Department of Education Announces Expansion of
COVID-19 Emergency Flexibilities to Additional Federal Student Loans in Default,” press release, March 30, 2021,
https://www.ed.gov/news/press-releases/department-education-announces-expansion-covid-19-emergency-flexibilities-
additional-federal-student-loans-default; ED, COVID-19 Loan Payment Pause and 0% Interest (accessed February 3,
2022).
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their monthly payments suspended. (In practice, ED is placing all such loans in administrative
forbearance. 53) During this time, borrowers will not be required to make payments due on their
loans.54 Borrowers who are eligible for this benefit need not apply for it; ED is to automatically
suspend payments.
In implementing these provisions, ED has indicated that borrowers may opt out of this special
administrative forbearance by contacting their loan servicer. In addition, any payments made on a
borrower’s account between March 13, 2020, and May 1, 2022, can be refunded to the borrower.
A borrower must contact his or her loan servicer to request a refund.55
ED has also authorized FFEL program lenders and institutions that hold Perkins Loans to provide
the special administrative forbearance to borrowers on a voluntary basis for the duration of the
COVID-19 national emergency.56 Borrowers who are ineligible for this benefit because their
FFEL program lender or Perkins Loan program IHE is not providing it may take advantage of the
benefit by consolidating such loans into a Direct Consolidation Loan.57 In addition, ED has

53 An administrative forbearance is a type of forbearance that ED grants without required documentation from a
borrower. Among other qualifying circumstances, ED may grant an administrative forbearance due to a local or
national emergency. 34 C.F.R. §§674.33(d)(5), 682.211(i)(2)(i), 685.205(b)(8).
54 On March 20, 2020, ED announced it had directed all federal student loan servicers to grant a 60-day administrative
forbearance (beginning March 13, 2020) to any borrower of an ED-held student loan who requested one. In addition,
ED authorized loan servicers to automatically place into a 60-day administrative forbearance any borrower of an ED-
held loan who is more than 31 days delinquent on his or her loans as of March 13, 2020, or who becomes 31 days
delinquent thereafter. (ED, “Delivering on President Trump’s Promise, Secretary DeVos Suspends Federal Student
Loan Payments, Waives Interest During National Emergency,” press release, March 20, 2020.) Subsequently, the
CARES Act was enacted, which required that ED automatically suspend all payments on Direct Loans and ED-held
FFEL program loans through September 30, 2020. While the CARES Act did not provide for a suspension of payments
on ED-held Perkins Loan program loans, ED has applied a similar suspension to such loans. (ED, Waivers and
Flexibilities, p. 79857.) Subsequently, the Administration extended the payment suspension on numerous occasions.
Most recently, on December 22, 2021, ED announced an extension of the payment suspension to last through May 1,
2022. (ED, “Biden-Harris Administration Extends Student Loan Pause Through May 1, 2022,” press release, December
22, 2021, https://www.ed.gov/news/press-releases/biden-harris-administration-extends-student-loan-pause-through-
may-1-2022.) (For additional information on the history of these actions, see ED, Waivers and Flexibilities, p. 79862.)
55 ED, COVID-19 Loan Payment Pause and 0% Interest (accessed February 3, 2022). It appears that borrowers of non-
ED-held FFEL program loans who made voluntary payments during the payment suspension period, subsequently
defaulted on their loans during the payment suspension period, and had their loans returned to good standing by the
Administration would qualify for a refund of their voluntary payments, even though at the time the payment(s) was
made, their loans did not qualify for the COVID-19 payment suspension.
56 ED, Waivers and Flexibilities, p. 79862, and ED, Office of Postsecondary Education, Electronic Announcement,
“UPDATED Guidance for interruptions of study related to Coronavirus (COVID-19),” April 3, 2020,
https://fsapartners.ed.gov/knowledge-center/library/electronic-announcements/2020-04-03/updated-guidance-
interruptions-study-related-coronavirus-covid-19. Some commercial FFEL program loan holders have voluntarily
provided borrowers with additional forbearance options in response to the COVID-19 pandemic. See, for example,
Marie Albiges, “Virginia offers temporary relief on some private loans during coronavirus,” The Virginian-Pilot, April
30, 2020. Some IHEs have suspended payments on their Perkins Loans in response to COVID-19. See, for example,
Danielle Douglas-Gabriel, “University of California offers Perkins Loan borrowers relief. Will other colleges
follow?”, The Washington Post, April 20, 2020.
57 When a borrower consolidates a loan(s) into a Direct Consolidation Loan, its proceeds are used to pay off the
borrower’s previous loans. The resulting Direct Consolidation Loan is an entirely new loan with potentially different
terms and conditions than the underlying loans; thus, benefits uniquely associated with the underlying loans (e.g.,
Perkins Loan cancellation benefits) may no longer be available upon consolidation. In addition, progress made towards
loan forgiveness under the various IDR plans on the underlying loans will not count toward loan forgiveness under an
IDR plan on the resulting Direct Consolidation Loan.
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waived the three-year (36 month) cumulative forbearance limit for Perkins Loan borrowers,
regardless of whether the loans are held by ED or an IHE.58
Generally, periods of deferment and forbearance do not count toward the 120 monthly payments
required to qualify for PSLF, and are not included in a borrower’s repayment period59 (e.g.,
periods of unemployment deferment do not count toward the maximum repayment periods of 20
or 25 years under the IDR plans). However, for Direct Loan borrowers (the only borrowers
eligible for PSLF), suspended payments that would have been made during the special
administrative forbearance will count toward the 120 monthly payments required to qualify for
PSLF if the borrower works full-time in qualifying employment during the suspension.60
For borrowers whose loans qualify for the payment suspension, the suspended payments will also
count toward the 20- and 25-year repayment periods under the IDR plans. Suspended payments
will also count toward the nine voluntary payments within 10 consecutive months required for
individuals to rehabilitate61 their defaulted loans, but only if those suspended payments occurred
after a borrower entered into a rehabilitation agreement with ED.62 ED has stated that for
defaulted GA-held FFEL program loan borrowers who have entered into a rehabilitation
agreement, “months following entry into the agreement in which payments are not required,
made, or made and then refunded per a borrower request will be automatically counted as a
payment toward the required nine payments within 10 months.”63 It is unclear whether suspended
payments on non ED-held FFEL program loans whose lender has authorized this special
administrative forbearance would count toward the 20- and 25-year repayment periods under
applicable IDR plans. Perkins Loans, regardless of whether they are held by ED or an IHE, are
ineligible for IDR plans.
ED has authorized institutions that hold Perkins Loans to grant a forbearance to borrowers who
are in repayment and are unable to make payments due to COVID-19. Under this forbearance,
interest would continue to accrue. The initial forbearance period may not exceed three months,

58 ED, Office of Postsecondary Education, Electronic Announcement CB-22-03, “Waiver of the Three-year Cumulative
Limit on Forbearances for Federal Perkins Loan borrowers,” January 22, 2022, https://fsapartners.ed.gov/knowledge-
center/library/electronic-announcements/2022-01-13/waiver-three-year-cumulative-limit-forbearances-federal-perkins-
loan-borrowers.
59 Similarly, periods of deferment and forbearance do not count toward the 120 monthly payments required to qualify
for TEPSLF. For additional information on PSLF, see CRS Report R45389, The Public Service Loan Forgiveness
Program: Selected Issues.
60 Similarly, suspended payments that would have been made during the special administrative forbearance will count
toward the 120 monthly payments required to qualify for TEPSLF. ED, Waivers and Flexibilities, p. 79863; ED, Office
of Postsecondary Education, Electronic Announcement, “UPDATED Guidance for interruptions of study related to
Coronavirus (COVID-19),” April 3, 2020, https://fsapartners.ed.gov/knowledge-center/library/electronic-
announcements/2020-04-03/updated-guidance-interruptions-study-related-coronavirus-covid-19; and ED, Office of
Federal Study Aid, “6 Things to Know About Public Service Loan Forgiveness During COVID-19,”
https://studentaid.gov/articles/6-things-to-know-about-pslf-during-coronavirus/ (accessed February 3, 2022).
61 Loan rehabilitation is the process by which a borrower may bring a loan out of default by adhering to specified
repayment requirements. 34 C.F.R. §§674.39, 682.405, 685.211(f).
62 If a borrower was not in a rehabilitation agreement prior to the start of the paused payments, he or she may enter into
one and any suspended payments following entry into the rehabilitation agreement will count toward rehabilitation.
ED, Office of Federal Student Aid, “COVID-19 Relief: Loans in Default,” https://studentaid.gov/announcements-
events/covid-19/default (accessed February 3, 2022).
63 ED, Office of Postsecondary Education, Dear Colleague Letter GEN-21-03, “Expansion of Collections Pause to
Defaulted FFEL Program Loans Managed by Guaranty Agencies (Updated May 24, 2021),” May 12, 2021,
https://fsapartners.ed.gov/knowledge-center/library/dear-colleague-letters/2021-05-12/expansion-collections-pause-
defaulted-ffel-program-loans-managed-guaranty-agencies-updated-may-24-2021. See the “Collection on Defaulted
Loans” section for additional information on refunds of payments made on defaulted GA-held FFEL Program loans.
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but it may be extended upon a borrower providing supporting documentation. Borrowers must
request the forbearance from the IHE. This period of forbearance is excluded from the three-year
cumulative forbearance limit for Perkins Loan borrowers.64 These flexibilities are available
through the end of the IHE’s payment period65 “that includes the end date for the Federally-
declared emergency related to COVID-19.”66
Income-Driven Repayment Recertification
As previously described, borrowers enrolled in an IDR plan must annually provide
documentation of their income and family size to remain eligible for IDR repayment (referred to
as recertification).67 Typically, an individual certifies their income by providing documentation of
their taxable income, which may include providing ED with a paystub or federal income tax
return information data from the Internal Revenue Service; borrowers self-certify their family
size. ED has waived the requirement that a borrower annually recertify their income and family
size through at least November 2022.68Borrowers may voluntarily recertify their income during
the payment suspension. Finally, through July 31, 2022, ED is permitting borrowers to self-report
their income, without providing tax documentation, when applying for or recertifying their IDR
plan.69

64 ED, Office of Postsecondary Education, Electronic Announcement, “UPDATED Guidance for interruptions of study
related to Coronavirus (COVID-19),” April 3, 2020, https://fsapartners.ed.gov/knowledge-center/library/electronic-
announcements/2020-04-03/updated-guidance-interruptions-study-related-coronavirus-covid-19; and ED, Office of
Postsecondary Education, Electronic Announcement CB-22-03, “Waiver of the Three-year Cumulative Limit on
Forbearances for Federal Perkins Loan Borrowers,” January 13, 2022, https://fsapartners.ed.gov/knowledge-center/
library/electronic-announcements/2022-01-13/waiver-three-year-cumulative-limit-forbearances-federal-perkins-loan-
borrowers.
65 A payment period is the period for which a Title IV student aid disbursement must be made. Payment periods differ
by IHE and may also differ by educational programs within IHEs, based on a variety of criteria including whether an
educational program is measured in clock- or credit-hours and the type of term (e.g., semester, trimester, quarter) the
educational program uses. For additional information, see 34 C.F.R. Section 668.4.
66 ED, Office of Postsecondary Education, Electronic Announcement, “Updated deadlines for flexibilities related to
Coronavirus (COVID-19),” August 21, 2020, https://fsapartners.ed.gov/knowledge-center/library/electronic-
announcements/2020-08-21/updated-deadlines-flexibilities-related-coronavirus-covid-19. See also,
https://fsapartners.ed.gov/knowledge-center/library/electronic-announcements/2020-04-03/updated-guidance-
interruptions-study-related-coronavirus-covid-19, and ED, Office of Postsecondary Education, Electronic
Announcement CB-22-03, “Waiver of the Three-year Cumulative Limit on Forbearances for Federal Perkins Loan
Borrowers,” January 13, 2022, https://fsapartners.ed.gov/knowledge-center/library/electronic-announcements/2022-01-
13/waiver-three-year-cumulative-limit-forbearances-federal-perkins-loan-borrowers.
67 If a borrower fails to recertify their income under an IDR plan, the consequences vary depending on the plan. In
general, a borrower’s monthly repayment will be recalculated in a manner that is not based on their income. Under
some of the IDR plans, a borrower’s failure to recertify income annually will also result in any unpaid interest being
capitalized. Under all of the IDR plans, if a borrower fails to recertify their family size, they will remain in their chosen
IDR plan, but a family size of one will be assumed for them. If a borrower’s actual family size is larger than one, but a
loan servicer assumed a family size of one due to the borrower’s failure to recertify, his or her monthly payments may
increase under some IDR plans or he or she may lose eligibility to make payments based on income. ED, Office of
Federal Student Aid, “What will happen if I don’t recertify my income and family size by the annual deadline?”,
https://studentaid.gov/manage-loans/repayment/plans/income-driven#fail-to-recertify (accessed February 3, 2022).
68 As of February 3, 2022, ED had indicated that if a borrower’s recertification date is before November 2022, it will be
“pushed out by one year.” ED, Office of Federal Student Aid, “COVID-19 Relief: Income-Drive[n] Repayment Plans,”
https://studentaid.gov/announcements-events/covid-19/income-driven-repayment#when-to-recertify (accessed February
4, 2022).
69 ED, Office of Federal Student Aid, “COVID-19 Relief: Income-Drive[n] Repayment Plans,” https://studentaid.gov/
announcements-events/covid-19/income-driven-repayment#when-to-recertify (accessed February 4, 2022).
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Loan Default and Collections
Defaulting on a federal student loan can result in a number of adverse consequences for a
borrower. Upon default, the borrower’s obligation to repay the loan is accelerated (i.e., the entire
unpaid balance of principal and interest becomes due in full).70 In addition, the borrower loses
eligibility for certain borrower benefits (e.g., deferment, loan forgiveness), as well as eligibility to
receive additional Title IV federal student aid. A defaulted borrower’s student loan account may
be transferred to ED’s Default Resolution Group (DRG)71in the case of ED-held loans, or a GA in
the case of non-ED-held FFEL program loans, that will contact the borrower and offer him or her
options for voluntary debt resolution, such as loan rehabilitation, consolidation out of default, or
entry into a voluntary repayment agreement. If such voluntary debt resolution attempts do not
succeed, involuntary collections practices may be utilized, which include administrative wage
garnishment; offset of federal income tax returns, Social Security benefits, and certain other
federal benefits; and civil litigation.72
Collections of Defaulted Loans
For March 13, 2020, through May 1, 2022, ED will halt the above-described involuntary debt
collections practices, and the DRG and GAs will not engage in proactive collections activities
(i.e., will not make collection calls and send letters or billing statements to defaulted borrowers)
for all ED-held student loans (i.e., all Direct Loan program loans, and FFEL and Perkins Loan
program loans held by ED) and defaulted GA-held FFEL program loans,73 respectively.74
However, borrowers may contact the DRG and GAs to continue repayment arrangements they

70 34 C.F.R. §§674.31(b)(5), 6823411(f), 685.211(d).
71 Previously, ED contracted with several private collection agencies (PCAs) to perform loan collections activities
when a borrower defaulted on their ED-held loan. On November 8, 2021, ED announced it had cancelled its contracts
with the PCAs and recalled all borrower accounts. ED’s Default Resolution Group is now responsible for assisting
borrowers of defaulted ED-held loans. ED, Office of Federal Student Aid, “COVID-19 Relief: Loans in Default,”
https://studentaid.gov/announcements-events/covid-19/default (accessed February 4, 2022).
72 For additional information, see 34 C.F.R. Parts 30, 31, 34; and CRS Report R44845, Administration of the William
D. Ford Federal Direct Loan Program.
73 The policy to pause collections activities on defaulted GA-held FFEL program loans was put into place via
administrative action on March 30, 2021. In doing so, ED announced that the policy would apply retroactively to
March 13, 2020. ED “Department of Education Announces Expansion of COVID-19 Emergency Flexibilities to
Additional Federal Student Loans in Default,” press release, March 30, 2021, https://www.ed.gov/news/press-releases/
department-education-announces-expansion-covid-19-emergency-flexibilities-additional-federal-student-loans-default;
and ED, Office of Postsecondary Education, Dear Colleague Letter GEN-21-03, “Expansion of Collections Pause to
Defaulted FFEL Program Loans Managed by Guaranty Agencies (Updated May 24, 2021), May 12, 2021,
https://fsapartners.ed.gov/knowledge-center/library/dear-colleague-letters/2021-05-12/expansion-collections-pause-
defaulted-ffel-program-loans-managed-guaranty-agencies-updated-may-24-2021.
74 This policy was originally put into place via administrative action by ED on March 25, 2020. (ED, “Secretary DeVos
Directs FSA to Stop Wage Garnishment, Collections Actions for Student Loan Borrowers, Will Refund More Than
$1.8 Billion to Students, Families,” press release, March 25, 2020.) Since then, it has been extended numerous times
via administrative and legislative action. Most recently, on December 22, 2021, ED announced an extension of the
collection suspension to last through May 1, 2022. (ED, “Biden-Harris Administration Extends Student Loan Pause
Through May 1, 2022,” press release, December 22, 2021, https://www.ed.gov/news/press-releases/biden-harris-
administration-extends-student-loan-pause-through-may-1-2022; and ED, COVID-19 Loan Payment Pause and 0%
Interest (accessed August 13, 2021)). (For additional information on the history of these actions, see ED, Waivers and
Flexibilities, p. 79856.)
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had made prior to implementation of this policy, to enter into a loan rehabilitation arrangement or
to consolidate their loans out of default.75
Borrowers of ED-held loans and defaulted GA-held loans whose federal tax refund or Social
Security benefits were withheld on or after March 13, 2020, and through May 1, 2022, will have
any offset portion returned to them. Borrowers whose wages were garnished on or after March
13, 2020, and May 1, 2022, will have their wages refunded. Finally, borrowers of defaulted GA-
held FFEL program loans who made voluntary payments on or after March 13, 2020, and through
May 1, 2022, may request a refund for those payments.76
In addition, ED has authorized institutions to stop collections activities on defaulted Perkins
Loans that they hold upon notification from a borrower, a member of the borrower’s family, or
another reliable source that the borrower has been affected by COVID-19.77 This flexibility is
available through the end of an IHE’s payment period that includes December 31, 2020, or the
end of the IHE’s payment period “that includes the end date for the Federally-declared emergency
related to COVID-19,” whichever is later.78
Satisfactory Repayment Arrangements, Loan Rehabilitation, and
Consolidation Out of Default
To regain Title IV student aid eligibility, a defaulted federal student loan borrower must make six
on-time, voluntary monthly payments on a defaulted loan.79 In addition, loan rehabilitation offers
defaulted borrowers an opportunity to have their loan(s) reinstated as active and to have other
borrower benefits and privileges restored. To rehabilitate a loan, Direct Loan, FFEL, or Perkins
Loan program, borrowers must make nine on-time payments according to generally applicable
procedures.80 Alternatively, a borrower may use the proceeds of a new Direct Consolidation Loan
to pay off one or more defaulted Direct Loan, FFEL, and Perkins Loan program loans. To become
eligible to do so, a borrower must make three consecutive, on-time, full monthly payments on a
defaulted loan.81
ED has stated that if a borrower of a defaulted Direct Loan, FFEL, or Perkins Loan program loan
fails to make any of the consecutive monthly payments required to re-establish eligibility for Title
IV federal student aid, to rehabilitate such defaulted loans, or to consolidate such defaulted loans
out of default, the borrower shall not be considered to have missed any of those payments. This is
a temporary flexibility that is available in response to the COVID-19 pandemic.82

75 ED, Office of Federal Student Aid, “COVID-19 Relief: Loans in Default,” https://studentaid.gov/announcements-
events/covid-19/default (accessed February 4, 2022).
76 ED, Office of Federal Student Aid, “COVID-19 Relief: Loans in Default,” https://studentaid.gov/announcements-
events/covid-19/default (accessed February 4, 2022).
77 ED, Office of Postsecondary Education, Electronic Announcement, “UPDATED Guidance for interruptions of study
related to Coronavirus (COVID-19),” April 3, 2020, https://fsapartners.ed.gov/knowledge-center/library/electronic-
announcements/2020-04-03/updated-guidance-interruptions-study-related-coronavirus-covid-19.
78 ED, Office of Postsecondary Education, Electronic Announcement, “Updated deadlines for flexibilities related to
Coronavirus (COVID-19)”, August 21, 2020, https://fsapartners.ed.gov/knowledge-center/library/electronic-
announcements/2020-08-21/updated-deadlines-flexibilities-related-coronavirus-covid-19.
79 34 C.F.R. §§674.9(k), 682.200(b), 685.102(b).
80 34. C.F.R. §§674.39, 682.405, 685.211(f).
81 34 C.F.R. §685.102(b).
82 ED guidance is inconsistent as to the duration of this policy. Some guidance states that this policy is effective
through the end of an IHE’s payment period that includes December 31, 2020, or the end of the IHE’s payment period
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Reporting to Consumer Reporting Agencies
Information about a borrower’s federal student loans is reported to nationwide consumer
reporting agencies on a regular basis. Information reported includes items such as loan amount
and repayment status (e.g., whether a borrower is current on making payments).83
ED has announced that through at least January 31, 2021, it would ensure that any payment that
has been suspended under the special administrative forbearance described above shall be
reported to a consumer reporting agency as if it were a regularly scheduled payment made by the
borrower.84 In addition, GAs that hold defaulted FFEL program loans for which a default claim
was paid on or after March 13, 2020, and prior to the end of the student loan payment pause for
ED-held loans are to request that consumer reporting agencies delete the record of default from
the borrower’s credit report.85
Public Service Loan Forgiveness
The PSLF program provides Direct Loan borrowers who, on or after October 1, 2007, are
employed full-time in certain public service jobs for 10 years while concurrently making 120
qualifying monthly payments on their loans with the opportunity to have any remaining balance
of the principal and interest on their Direct Loans forgiven.86 Qualifying payments are separate
monthly payments (i.e., not greater than the required monthly payment) that are on-time (within
15 days of the scheduled due date), in full, scheduled (i.e., made when required, not during
periods of deferment or forbearance), and made under a qualifying repayment plan (in most cases,
an income-driven repayment plan). Payments made on any loans prior to consolidation do not
count toward the required 120 payments. Periods of service performed to receive benefits under
the Teacher Loan Forgiveness program87 may not be counted toward PSLF qualifying
employment. A borrower must be employed full-time in qualifying public service at the time he
or she applies for and receives forgiveness.

“that includes the end date for the Federally-declared emergency related to COVID-19.” ED, Office of Postsecondary
Education, Electronic Announcement, “Updated deadlines for flexibilities related to Coronavirus (COVID-19),”
August 21, 2020, https://fsapartners.ed.gov/knowledge-center/library/electronic-announcements/2020-08-21/updated-
deadlines-flexibilities-related-coronavirus-covid-19. Other guidance states this policy is effective (at least for Perkins
Loans) through December 30, 2020. ED, Waivers and Flexibilities, p. 79862. It is unclear whether the administrative
action to extend other forms of COVID-19 student loan relief through May 1, 2022, also applies to these flexibilities.
83 See, for example, ED, “Master Promissory Note: Direct Subsidized Loans and Direct Unsubsidized Loans, William
D. Ford Federal Direct Loan Program,” OMB No. 1845-0007, https://studentaid.gov/app/
subUnsubHTMLPreview.action.
84 ED, “Federal Student Aid Programs (Student Assistance General Provisions, Federal Perkins Loan Program, William
D. Ford Federal Direct Loan Program, and Federal-Work Study Programs,” 86 Federal Register 5008, January 19,
2021. ED guidance does not indicate how the newly extended suspended loan payments (payments suspended through
May 1, 2022) will be reported to consumer reporting agencies.
85 ED, Office of Postsecondary Education, Dear Colleague Letter GEN-21-03, “Expansion of Collections Pause to
Defaulted FFEL Program Loans Managed by Guaranty Agencies (Updated May 24, 2021), May 12, 2021,
https://fsapartners.ed.gov/knowledge-center/library/dear-colleague-letters/2021-05-12/expansion-collections-pause-
defaulted-ffel-program-loans-managed-guaranty-agencies-updated-may-24-2021.
86 For additional information, see CRS Report R45389, The Public Service Loan Forgiveness Program: Selected
Issues.
87 For additional information on the Teacher Loan Forgiveness program, see CRS Report R43571, Federal Student
Loan Forgiveness and Loan Repayment Programs.
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In October 2021, in response to the COVID-19 emergency, ED announced a series of limited-
time waivers of numerous PSLF program rules88 to enable borrowers to receive credit for past
periods of repayment that would not otherwise qualify for PSLF.89 In general, “any prior period of
repayment will count as a qualifying payment, regardless of loan program, repayment plan, or
whether the payment was made in full or on time,” so long as the borrower met the requisite
public service employment requirements during those periods of repayment. Through October 31,
2022, borrowers may receive PSLF payment credit for the following:90
 Periods of repayment91 on Direct Loan program, FFEL program, Perkins Loan
program, and other older HEA authorized program loans (e.g., National Defense
Student Loans).92 Borrowers must consolidate their loan(s) into a Direct Loan
program loan by October 31, 2022, to receive payment credit.
 Periods of repayment, even if payments were made according to a nonqualifying
repayment plan, made late, or made for less than the amount due.
 Periods of repayment on loans before consolidation, even if payments were made
according to a nonqualifying repayment plan, made late, or made for less than the
amount due.
 Periods of military service deferment or active military state duty or military
mobilization forbearance.
 Periods of COVID-19 pandemic-related deferment or forbearance between
March 20, 2020, and April 30, 2022, for borrowers with FFEL program loans
held by private lenders and Perkins Loan program loans held by IHEs.93
In addition, through October 31, 2022, ED is waiving the requirement that a borrower be
employed full-time in qualifying public service at the time of application for and forgiveness
under PSLF. ED has waived the prohibition against periods of service performed to receive
benefits under the Teacher Loan Forgiveness program counting toward periods of PSLF
qualifying employment.94

88 These waivers also apply to TEPSLF. ED, Office of Federal Student Aid, “PSLF Waiver Offers Way to Get Closer
to Loan Forgiveness,” https://studentaid.gov/announcements-events/pslf-limited-waiver (accessed February 7, 2022)
(hereinafter ED, PSLF Waivers),
89 ED, “U.S. Department of Education Announces Transformational Changes to the Public Service Loan Forgiveness
Program, Will Put Over 550,000 Public Service Workers Closer to Loan Forgiveness,” press release, October 6, 2021,
https://www.ed.gov/news/press-releases/us-department-education-announces-transformational-changes-public-service-
loan-forgiveness-program-will-put-over-550000-public-service-workers-closer-loan-forgiveness.
90 ED, PSLF Waivers.
91 ED has indicated that a “period of repayment” is a calendar month during which a borrower is “in repayment” status
(i.e., not in default, deferment, or forbearance) on their loan. ED PSLF Waivers (accessed February 7, 2022).
92 According to ED, borrowers of Health Education Assistance Loans (HEAL; previously made under the Public Health
Service Act) may also receive PSLF payment credit, but only if they first consolidate those loans with Direct Loan
program, FFEL program, Perkins Loan program, or older HEA program loans. It appears that such borrowers would
only receive payment credits on the HEAL program loan for repayment and employment periods associated with
payment periods of their HEA loans. For example, if a borrower, while employed in a PSLF qualifying job, was in
repayment status for 100 payment periods on their HEAL program loan and 60 payment periods on a Direct Loan
program Unsubsidized Loan and then consolidated those two loans into a Direct Consolidation Loan before October
31, 2022, it appears that the borrower would receive credit for 60 payment periods on the new Direct Consolidation
Loan. CRS email communication with ED, January 6, 2022.
93 CRS email communication with ED, January 7, 2022.
94 ED, PSLF Waivers.
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For borrowers with Direct Consolidation Loans (regardless of whether the loan repaid Direct
Loan program, FFEL program, Perkins Loan program, or other older HEA program loans), if the
underlying loans had differing numbers of qualifying payments, ED is to credit the entire Direct
Consolidation Loan with the largest number of qualifying payment periods of the loans that were
consolidated. For example, if a borrower had 50 qualifying payment periods on one FFEL
program Subsidized Stafford Loan and 100 qualifying payment periods on a second FFEL
program Subsidized Stafford Loan and consolidated those two loans into a Direct Consolidation
Loan, the borrower would receive credit for 100 PSLF qualifying payments on the new Direct
Consolidation Loan.95
Borrowers who have Direct Loan program loans and have previously submitted a Public Service
Loan Forgiveness (PSLF) & Temporary Expanded PSLF (TEPSLF) Certification & Application
(PSLF form)96 are to automatically receive credit for prior repayment periods during which their
employment was determined to be PSLF qualifying. Such borrowers may need to submit
additional PSLF forms to document periods of employment they had not previously documented
with ED to receive credit for associated payment periods. Borrowers who have Direct Loans but
have not previously submitted a PSLF form must submit a PSLF form by October 31, 2022, to
receive PSLF payment credits.97
Borrowers with one or more FFEL program, Perkins Loan program, or older HEA loan program
loans must apply for a Direct Consolidation Loan by October 31, 2022.98 After the consolidation
is complete, they must submit a PSLF form documenting all periods of qualifying public service
employment for which they wish to receive PSLF payment credit. ED is to then determine the
number of PSLF payment credits they will receive on the new Direct Consolidation Loan.99
Borrowers who, with the application of the PSLF payment credits, have made more than 120
payments on an existing Direct Loan are to automatically receive a refund for the payments made
in excess of those 120 payments. Borrowers cannot receive refunds for payments in excess of 120
payments on loans underlying a Direct Consolidation Loan, including Direct Loans that were
themselves consolidated into a Direct Consolidation Loan.100 Borrowers who previously received

95 Parent PLUS Loans on their own, or consolidated with no other type of loan, are ineligible to receive additional
months of qualifying payments under the PSLF waivers. However, if a borrower consolidates (or had previously
consolidated) a Parent PLUS Loan with other types of loans (e.g., a FFEL program Subsidized Stafford Loan), he or
she can receive credit for PSLF qualifying payments on the consolidation loan based on his or her “repayment activity
for the non-Parent PLUS Loan.” For example, if a borrower, while employed in a PSLF-qualifying job, was in
repayment status for 36 payment periods on a FFEL program Parent PLUS Loan and 60 payment periods on a FFEL
program Subsidized Stafford Loan and then consolidated those two loans into a Direct Consolidation Loan before
October 31, 2022, the borrower would receive credit for 60 PSLF-qualifying payments on the new Direct Consolidation
Loan. See ED, PSLF Waivers.
96 Borrowers submit a PSLF form to ED to document their employment in qualifying public service and to apply for
PSLF and TEPSLF benefits. ED, Public Service Loan Forgiveness (PSLF), & Temporary Expanded PSLF (TEPSLF)
Certification and Application, OMB No. 1845-0110, expiration date August 31, 2021.
97 ED, PSLF Waivers.
98 In general, a set of loans may be consolidated only once. However, the HEA specifies that a Direct Consolidation
Loan may be used to repay a previously obtained Direct Consolidation or FFEL Consolidation Loan for the purposes of
applying for PSLF. HEA § 428C(a)(3)(B)(i)(V)(bb).
99 ED, PSLF Waivers.
100 For example, if a borrower, while employed in a PSLF qualifying job, was in repayment status for 150 payments
periods on their FFEL program loan and then consolidated the FFEL program loan into a Direct Consolidation Loan
before October 31, 2022, the borrower would not receive a refund for the 30 payments made in excess of 120
payments.
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PSLF program benefits cannot receive a refund for payments that did not count as PSLF-
qualifying previously but that would now count under the limited PSLF waiver.101
Teacher Loan Forgiveness
The Teacher Loan Forgiveness102 program provides loan forgiveness benefits to borrowers of
qualifying Direct Loan and FFEL program loans.103 To qualify for benefits, a borrower must serve
as a full-time teacher for at least five consecutive complete academic years in a qualifying school
or public education service agency that serves children from low-income families.
The CARES Act specifies that ED shall waive the requirement that years of qualifying teaching
service be consecutive if an individual’s service was temporarily interrupted due to a qualifying
emergency, and after such temporary disruption, the borrower resumes teaching and ultimately
completes a total of five years of qualifying service. Qualifying service may include service
performed before, during, and after the qualifying emergency.104
Borrower Defense to Repayment
In certain circumstances, borrowers may seek discharge of their Title IV student loans by
asserting as a borrower defense to repayment (BDR) certain acts or omission of an IHE, if the
cause of action directly relates to the loan or educational services for which the loan was
provided. Although statutory language specifies BDR as an available discharge option only for
Direct Loan borrowers,105 FFEL and Perkins Loan program borrowers may consolidate their loans
into a Direct Loan program Consolidation Loan to pursue BDR discharge.106 Three different
standards for evaluating BDR discharge may be applied to eligible student loans. The applicable
BDR standards to be used largely depend on when the Direct Loan was made. For Direct
Consolidation Loans made on or after July 1, 2020, the standard applicable to loans made on or
after July 1, 2020, applies.
ED has stated that FFEL and Perkins Loan program borrowers who submitted a BDR application
prior to July 1, 2020, and who would need to consolidate those loans into a Direct Consolidation
Loan to receive BDR relief, will have their BDR eligibility evaluated by the standards for Direct
Consolidation Loans disbursed between July 1, 2017, and July 1, 2020.107

101 ED, PSLF Waivers.
102 HEA §§428J, 460.
103 For purposes of the Teacher Loan Forgiveness program, qualifying loans include Direct Loan program and FFEL
program Subsidized Loans, Unsubsidized Loans, and Consolidation Loans (to the extent they are used to repay a
Subsidized or Unsubsidized Loan). Borrowers must have had no outstanding balance on any federal student loan made
through a program authorized under HEA Title IV on October 1, 1998, or as of the date the borrower first borrowed
such loan after October 1, 1998.
104 CARES Act §3519.
105 HEA §455(h). For additional information on BDR, see CRS Report R44737, The Closure of Institutions of Higher
Education: Student Options, Borrower Relief, and Other Implications.
106 34 C.F.R. §685.212(k)(2).
107 ED, Waivers and Flexibilities, p. 79863. Some view the BDR standards for loans disbursed between July 1, 2017,
and July 1, 2020, to be more beneficial to borrowers than the standards that apply to loans made on or after July 1,
2020. See, for example, Letter from AFL-CIO, AFSCME, and Allied Progress, et al. to Senator Dick Durbin and
Representative Susie Lee, December 9, 2019, https://ticas.org/wp-content/uploads/2019/12/Coalition-Letter-on-BD-
CRA_.pdf.
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Total and Permanent Disability Discharge
Borrowers of Direct Loan program loans, FFEL program loans, and Perkins Loan program loans
are discharged upon being determined to have a total and permanent disability (TPD).108
Borrowers may be determined to have a total and permanent disability if they are
1. certified by a physician as unable to engage in any substantial gainful activity
due to a physical or mental impairment that can be expected to result in death,
has lasted continuously for at least 60 months, or can be expected to last
continuously for 60 months;
2. documented by the Social Security Administration (SSA) as receiving Social
Security Disability Insurance or Supplemental Security Income benefits and that
their next scheduled disability review will be within five to seven years from the
date of their most recent SSA disability determination; or
3. documented by the Department of Veterans Affairs as having a service connected
disability (or disabilities) that is 100% disabling or they are totally disabled based
on an individual unemployability rating.109
When borrowers are determined to be totally and permanently disabled, their obligation to make
any further payments on their loans is discharged. A TPD discharge approved based on the first or
second criterion above is granted on a conditional basis for a three-year period that begins on the
date of discharge. During the three-year period, borrowers are subject to having their loans
reinstated under a variety of circumstances, including failing to annually submit to ED
documentation of their annual earnings from employment.110
On March 29, 2021, ED announced that borrowers who had a TPD discharge approved on the
basis of the first or second criterion above will not be required to submit earnings documentation
during the COVID-19 emergency. This policy is retroactive to March 13, 2020. Borrowers whose
loans were reinstated because they did not submit earnings documentation between March 13,
2020, and the end of the COVID-19 emergency will have their loan discharge restored and their
three-year monitoring period will resume based on their original discharge date.111
Additional Flexibilities
In addition to the above-described administrative and congressional actions that have been taken
in response to COVID-19, further flexibility and authority is provided through the Higher

108 HEA §§437(a), 455(a)(1), and 464(c)(1)(F)(ii); 34 C.F.R. §§674.61, 682.402, and 685.213.
109 For additional information on TPD discharge, see CRS Report R45931, Federal Student Loans Made Through the
William D. Ford Federal Direct Loan Program: Terms and Conditions for Borrowers.
110 A borrower’s loans may be reinstated if the borrower has annual earnings from employment in excess of 100% of
the federal poverty guidelines for a family of two. To show compliance with this requirement, borrowers must annually
submit to ED documentation of their annual earnings from employment. 34 C.F.R. §§674.61, 682.402, and 685.213.
111 ED, “Education Department Announces Relief for Student Loan Borrowers with Total and Permanent Disabilities
During the COVID-19 Emergency,” press release, March 29, 2021, https://www.ed.gov/news/press-releases/education-
department-announces-relief-student-loan-borrowers-total-and-permanent-disabilities-during-covid-19-emergency; and
ED, Office of Federal Student Aid, “COVID-19 Relief: Total and Permanent Disability Discharge,”
https://studentaid.gov/announcements-events/covid-19/disability-discharge (accessed February 4, 2022). ED has also
indicated that if an individual’s TEACH Grant service obligation was reinstated because they failed to submit annual
earnings documentation on or after March 13, 2020, it will return the individual’s TEACH Grant service obligation to
its discharge status.
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Education Relief Opportunities for Students Act of 2003 (HEROES Act).112 The HEROES Act
can only be implemented, however, in connection with a war or other military action or a national
emergency declared by the President.113 The HEROES Act provides the Secretary with authority
to waive or modify statutory and regulatory requirements that apply to the HEA Title IV student
aid programs in an effort to help affected individuals. There are three categories of affected
individuals:
1. those who are serving on active duty or performing qualifying National Guard
duty during a war or other military operation or national emergency;
2. those who reside or are employed in an area that is declared a disaster area by
any federal, state, or local official in connection with a national emergency; and
3. those who suffered direct economic hardship as a direct result of a war or other
military operation or national emergency.
ED has indicated that some of the administrative actions described above were taken under the
authority of the HEROES Act. However, other examples of support that may be available to
student loan borrowers under the HEROES Act and that were articulated by ED prior to the
COVID-19 pandemic114 include the following:
 For borrowers of loans made under the Direct Loan, FFEL, and Perkins Loan
programs who are in the 1st or 2nd categories of affected individuals, the initial
grace period excludes any period, not to exceed three years, during which a
borrower is an affected individual.
 Borrowers of loans made under the Direct Loan, FFEL, and Perkins Loan
programs who were in an “in-school” status but left school because they became
a 1st or 2nd category affected individual may retain their in-school status for up to
three years. During this period, the Secretary will pay any interest that accrues on
a FFEL Stafford Loan.
 Borrowers of loans made under the Direct Loan, FFEL, and Perkins Loan
programs who were in an “in-school” deferment or a graduate fellowship
deferment but left school because they became a 1st or 2nd category affected
individual may retain their deferment for a period of up to three years during
which they are affected. During this period, the Secretary will pay any interest
that accrues on a FFEL Stafford Loan.
 For borrowers of Perkins Loans who are in the 1st or 2nd categories of affected
individuals, any forbearance granted on the basis of their status as an affected
individual is excluded from the usual three-year limit on forbearance. Also, for

112 The provisions were originally enacted by the Higher Education Relief Opportunities for Students Act of 2001
(2001 HEROES Act; P.L. 107-122; 20 U.S.C. 1070 note) with an expiration date of September 30, 2003. The Higher
Education Relief Opportunities for Students Act of 2003 (2003 HEROES Act; P.L. 108-76; 20 U.S.C. 1070 note),
provided for waiver authority and regulatory flexibility from FY2003-FY2005; it was extended by P.L. 109-78 to
September 30, 2007, and finally made permanent by P.L. 110-93 (20 U.S.C. 1098aa et seq.). For additional information
on these waiver authorities, see archived CRS Report R42881, Education-Related Regulatory Flexibilities, Waivers,
and Federal Assistance in Response to Disasters and National Emergencies.
113 On March 13, 2020, President Trump declared a national emergency concerning COVID-19; “Declaring a National
Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak,” March 18, 2020, 85 Federal Register
15337.
114 For information on the current waivers and modifications issued, see ED, “Federal Student Aid Programs (Student
Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, and the
Federal Direct Loan Program),” 82 Federal Register 45465-45471, September 29, 2017. These currently available
waivers and modifications will expire on September 30, 2022.
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these categories of affected individuals, borrowers of Perkins Loans may be
granted forbearance based on an oral request and without written documentation
for a one-year period and an additional three-month transition period.
 Borrowers of FFEL program loans who are in the 1st or 2nd categories of affected
individuals may be granted forbearance based on an oral request and without
written documentation for a one-year period and an additional three-month
transition period.
 For borrowers that may qualify for Teacher Loan Forgiveness (Direct Loan and
FFEL program borrowers) or Perkins Loan Cancellation (Perkins Loan program
borrowers) on the basis of continuous or uninterrupted qualifying service, such
service will not be considered interrupted by any period during which they are in
the 1st or 2nd categories of affected individuals or during a three-month transition
period.
 For borrowers who defaulted on Direct Loan, FFEL, or Perkins Loan program
loans and are seeking to rehabilitate their loans by making nine on-time payments
according to generally applicable procedures,115 any payments missed during
periods when they are in the 1st or 2nd categories of affected individuals or during
a three-month transition period shall not be considered an interruption in the
series of payments required for loan rehabilitation.
 For borrowers who defaulted on Direct Loan, FFEL, or Perkins Loan program
loans and are seeking to reestablish eligibility for Title IV federal student aid by
making six consecutive on-time payments, any payments missed during periods
when they are in the 1st or 2nd categories of affected individuals or during a three-
month transition period shall not be considered an interruption in the series of
payments required for purposes of reestablishing Title IV eligibility.
 For borrowers who defaulted on Direct Loan or FFEL program loans and are
seeking to consolidate loans out of default, any payments missed during the
period when they are in the 1st or 2nd category of affected individuals or during a
three-month transition period shall not be considered an interruption in the series
of payments required for purposes of reestablishing Title IV aid eligibility.
 Borrowers who are repaying their Direct Loan or FFEL program loans according
to an IDR plan and because of their status as 1st or 2nd category affected
individuals are unable to provide information normally required annually to
document their income and family size may maintain their current payment
amount for a period of up to three years, including a three-month transition
period. This flexibility is made in lieu of having their payment amount adjusted
to be based on a standard 10-year repayment plan or an alternative repayment
plan, as applicable.

115 34 C.F.R. §§674.39, 682.405, 685.211(f).
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Author Information

Alexandra Hegji

Analyst in Social Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
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Congressional Research Service
R46314 · VERSION 9 · UPDATED
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