S. 1098Senate117th Congress (2021-2023)Enacted

Joint Consolidation Loan Separation Act

Introduced April 13, 2021

AI-Generated Summary

Updated February 8, 2026 at 1:28 AM UTC

The Joint Consolidation Loan Separation Act amends the Higher Education Act to let married couples or former spouses who hold a joint federal Direct Consolidation Loan split that loan into two separate loans. It applies to borrowers with joint consolidation loans, including those in default, and provides special provisions for victims of domestic violence or economic abuse. The law also outlines how the separate loan amounts are calculated and how liability is handled.

Key Provisions

  • Allows a married or previously married couple with a joint consolidation loan to apply for separate Federal Direct Consolidation Loans for each individual borrower
  • Permits separation of the loan even if the borrowers are in default on the joint loan
  • Allows an individual borrower to apply separately without the other’s consent if they have experienced domestic violence, economic abuse, cannot access the other’s loan information, or if the Secretary finds it fiscally beneficial
  • Requires the Secretary to calculate each new loan’s amount based on the borrower’s share of the original loan and to keep the same interest rate, then notify borrowers of the repayment and terms
  • If one borrower separates under the special circumstances, the other borrower becomes solely responsible for the remaining balance of the original joint loan
  • Updates related sections of the Higher Education Act to reference the new separation authority

Legislative Activity

Stay on top of the latest movement without scrolling through every action

25 earlier actions
Became Law Latest Action

Became Public Law No: 117-200.

October 11, 2022

View full timeline
SenateIntro Referral

Introduced in Senate

April 13, 2021

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

April 13, 2021

SenateCommittee

Committee on Banking, Housing, and Urban Affairs. Hearings held.

May 5, 2022

SenateCommittee

Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent.

June 15, 2022

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S2961)

June 15, 2022

SenateFloor

Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S2961)

June 15, 2022

SenateFloor

Message on Senate action sent to the House.

June 16, 2022

HouseFloor

Received in the House.

June 17, 2022 • 1:03 PM

HouseFloor

Held at the desk.

June 17, 2022 • 1:25 PM

HouseFloor

Rules Committee Resolution H. Res. 1361 Reported to House. Rule provides for consideration of S. 1098 with 1 hour of general debate. Resolution also provides one motion to commit.

September 19, 2022 • 3:12 PM

HouseFloor

Rule H. Res. 1361 passed House.

September 20, 2022 • 2:05 PM

HouseFloor

Considered under the provisions of rule H. Res. 1361. (consideration: CR H7993-7998)

September 20, 2022 • 2:31 PM

HouseFloor

Rule provides for consideration of S. 1098 with 1 hour of general debate. Resolution also provides one motion to commit.

September 20, 2022 • 2:31 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on S. 1098.

September 20, 2022 • 2:32 PM

HouseFloor

The previous question was ordered pursuant to the rule.

September 20, 2022 • 3:06 PM

HouseFloor

Ms. Foxx moved to commit to the Committee on Education and Labor.

September 20, 2022 • 3:06 PM

HouseFloor

The previous question on the motion to commit was ordered pursuant to clause 2(b) of rule XIX.

September 20, 2022 • 3:07 PM

HouseFloor

POSTPONED PROCEEDINGS - The Chair put the question on the motion to commit and by voice vote, announced that the noes had prevailed Ms. Foxx demanded the yeas and nays and the Chair postponed further proceedings on the motion to commit until a time to be announced.

September 20, 2022 • 3:07 PM

HouseFloor

Considered as unfinished business. (consideration: CR H8030-8032)

September 21, 2022 • 2:25 PM

HouseFloor

On motion to commit Failed by the Yeas and Nays: 202 - 228 (Roll no. 447).

September 21, 2022 • 2:35 PM

SenateFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 232 - 193 (Roll no. 448).

September 21, 2022 • 2:45 PM

HouseFloor

On passage Passed by the Yeas and Nays: 232 - 193 (Roll no. 448). (text: 9/20/2022 CR H7993-7994)

September 21, 2022 • 2:45 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 21, 2022 • 2:45 PM

President

Presented to President.

October 11, 2022

Became Law

Signed by President.

October 11, 2022

Became Law

Became Public Law No: 117-200.

October 11, 2022

Floor Debate

20 members

What members said about S. 1098 on the floor

12 Republicans8 Democrats
Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Sep 15, 2022

Mr. Speaker, I thank the gentleman from Louisiana for yielding. Mr. Speaker, on Monday, the House will meet at 12 p.m. for morning hour and 2 p.m. for legislative business, and votes will be…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Sep 15, 2022

Mr. Speaker, I rise for the purpose of inquiring of the majority leader the schedule for next week. Mr. Speaker, I yield to the gentleman from Maryland (Mr. Hoyer), who is my friend and the majority…

Ed Perlmutter
Rep. Ed PerlmutterD-CO-7 · Sep 20, 2022

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 1361 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Sep 20, 2022

Mr. Speaker, I thank the chairman of the full committee, Mr. Scott, for continuing to find ways to collaborate with his members and others to ensure that we respond to the crux of opportunity in…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Sep 20, 2022

Mr. Speaker, I yield myself such time as I may consume, and I thank my colleague for yielding the time. While I fully support the underlying intent of S. 1098, the Joint Consolidation Loan Separation…

Show 8 more
August Pfluger
Rep. August PflugerR-TX-11 · Sep 20, 2022

Madam Speaker, I thank my colleague from Minnesota for so eloquently explaining the underlying reason that I rise to oppose the previous question so that we may immediately consider H.R. 8749, which…

Michelle Fischbach
Rep. Michelle FischbachR-MN-7 · Sep 20, 2022

Madam Speaker, I thank the Representative from Colorado for yielding me the customary 30 minutes, and I yield myself such time as I may consume. S. 1098 is intended to ensure borrowers who need to…

David E. Price
Rep. David E. PriceD-NC-4 · Sep 20, 2022

Mr. Speaker, I am happy to rise in support of S. 1098, the Joint Consolidation Loan Separation Act. I am the author of the House version of this bill and have introduced it every Congress since the…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · Sep 20, 2022

Mr. Speaker, pursuant to House Resolution 1361, I call up the bill (S. 1098) to amend the Higher Education Act of 1965 to authorize borrowers to separate joint consolidation loans and ask for its…

Kelly Armstrong
Rep. Kelly ArmstrongR-ND · Sep 20, 2022

Madam Speaker, it is actually pretty nice in North Dakota right now, but we are on our way to winter. Saying gas prices have lowered 91 days in a row is a whole lot like giving a medal to an arsonist…

Bob Good
Rep. Bob GoodR-VA-5 · Sep 20, 2022

Mr. Speaker, I rise in opposition to S. 1098, which expands the Secretary of Education's already illegitimate, unconstitutional authority, so-called, to transfer student loan debt from those who…

Gregory F. Murphy
Rep. Gregory F. MurphyR-NC-3 · Sep 20, 2022

Mr. Speaker, first and foremost, I want to say how deeply I appreciate Mr. Price's hard work over the last couple of years on S. 1098. I thank him very much for his efforts on this key and very…

Rodney Davis
Rep. Rodney DavisR-IL-13 · Sep 20, 2022

Madam Speaker, all I have to say on this rule is to listen to whatever she said, nothing of what my colleague from the State of Colorado says. I am actually here because my good friend, Mrs.…

Show 9 more
Haley M. Stevens
Rep. Haley M. StevensD-MI-11 · Sep 20, 2022

Mr. Speaker, in that vein, some of us are here to pontificate, and others of us are here to solve problems. I rise today for those who have been the victim of this oversight. From the period of 1993…

Ted Budd
Rep. Ted BuddR-NC-13 · Sep 20, 2022

Mr. Speaker, I was unable to attend some votes in this series due to my flight's schedule. Had I been present, I would have voted ``nay'' on rollcall No. 441 and ``nay'' on rollcall No. 442. Members…

Connie Conway
Rep. Connie ConwayR-CA-22 · Sep 21, 2022

Madam Speaker, My proxy was unable to vote on my behalf because of an unexpected delay during the vote series. Had I been present, I would have voted ``nay'' on rollcall No. 448. Members Recorded…

Glenn Grothman
Rep. Glenn GrothmanR-WI-6 · Sep 20, 2022

Mr. Speaker, I arrived 20 seconds late in a meeting. Had I been present, I would have voted ``nay'' on rollcall No. 441. Members Recorded Pursuant to House Resolution 8, 117th Congress Baird…

Mark Kelly
Sen. Mark KellyD-AZ · Jun 15, 2022

Mr. President, I ask unanimous consent that the Health, Education, Labor, and Pensions Committee be discharged from further consideration of S. 1098, and the Senate proceed to its immediate…

Al Green
Rep. Al GreenD-TX-9 · Sep 20, 2022

Mr. Speaker, I thank Mr. Scott, as well, for the outstanding job that he has done. Mr. Price, I don't know what more you can do. I really don't. This bill is bipartisan; it is bicameral; and, by God,…

David G. Valadao
Rep. David G. ValadaoR-CA-21 · Sep 21, 2022

Madam Speaker, had I been present, I would have voted ``NAY'' on rollcall No. 448.

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Sep 21, 2022

Madam Speaker, on that I demand the yeas and nays.

Michelle Fischbach
Rep. Michelle FischbachR-MN-7 · Sep 20, 2022

Mr. Speaker, on that I demand the yeas and nays.

Bill Text

4 versions available

Reading Mode
Latest
Enrolled BillPublication date not provided

One Hundred Seventeenth Congress of the United States of America

2d Session

Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two

S. 1098

AN ACT

To amend the Higher Education Act of 1965 to authorize borrowers to separate joint consolidation loans.

1.

Short title

This Act may be cited as the Joint Consolidation Loan Separation Act.

2.

Separating joint consolidation loans

(a)

In general

Section 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1087e(g)) is amended—

(1)

by striking A borrower and inserting the following:

(1)

In general

A borrower

; and

(2)

by adding at the end the following:

(2)

Separating joint consolidation loans

(A)

In general

(i)

Authorization

A married couple, or 2 individuals who were previously a married couple, and who received a joint consolidation loan as such married couple under subparagraph (C) of section 428C(a)(3) (as such subparagraph was in effect on June 30, 2006), may apply to the Secretary, in accordance with subparagraph (C) of this paragraph, for each individual borrower in the married couple (or previously married couple) to receive a separate Federal Direct Consolidation Loan under this part.

(ii)

Eligibility for borrowers in default

Notwithstanding any other provision of this Act, a married couple, or 2 individuals who were previously a married couple, who are in default on a joint consolidation loan may be eligible to receive a separate Federal Direct Consolidation Loan under this part in accordance with this paragraph.

(B)

Secretarial requirements

Notwithstanding section 428C(a)(3)(A) or any other provision of law, for each individual borrower who applies under subparagraph (A), the Secretary shall—

(i)

make a separate Federal Direct Consolidation Loan under this part that—

(I)

shall be for an amount equal to the product of—

(aa)

the unpaid principal and accrued unpaid interest of the joint consolidation loan (as of the date that is the day before such separate consolidation loan is made) and any outstanding charges and fees with respect to such loan; and

(bb)

the percentage of the joint consolidation loan attributable to the loans of the individual borrower for whom such separate consolidation loan is being made, as determined—

(AA)

on the basis of the loan obligations of such borrower with respect to such joint consolidation loan (as of the date such joint consolidation loan was made); or

(BB)

in the case in which both borrowers request, on the basis of proportions outlined in a divorce decree, court order, or settlement agreement; and

(II)

has the same rate of interest as the joint consolidation loan (as of the date that is the day before such separate consolidation loan is made); and

(ii)

in a timely manner, notify each individual borrower that the joint consolidation loan had been repaid and of the terms and conditions of their new loans.

(C)

Application for separate direct consolidation loan

(i)

Joint application

Except as provided in clause (ii), to receive separate consolidation loans under this part, both individual borrowers in a married couple (or previously married couple) shall jointly apply under subparagraph (A).

(ii)

Separate application

An individual borrower in a married couple (or previously married couple) may apply for a separate consolidation loan under subparagraph (A) separately and without regard to whether or when the other individual borrower in the married couple (or previously married couple) applies under subparagraph (A), in a case in which—

(I)

the individual borrower certifies to the Secretary that such borrower—

(aa)

has experienced an act of domestic violence (as defined in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291) from the other individual borrower;

(bb)

has experienced economic abuse (as defined in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291) from the other individual borrower; or

(cc)

is unable to reasonably reach or access the loan information of the other individual borrower; or

(II)

the Secretary determines that authorizing each individual borrower to apply separately under subparagraph (A) would be in the best fiscal interests of the Federal Government.

(iii)

Remaining obligation from separate application

In the case of an individual borrower who receives a separate consolidation loan due to the circumstances described in clause (ii), the other non-applying individual borrower shall become solely liable for the remaining balance of the joint consolidation loan.

.

(b)

Conforming amendment

Section 428C(a)(3)(B)(i)(V) of the Higher Education Act of 1965 (20 U.S.C. 1078–3(3)(B)(i)(V)) is amended—

(1)

by striking or at the end of item (bb);

(2)

by striking the period at the end of item (cc) and inserting ; or; and

(3)

by adding at the end the following:

(dd)

for the purpose of separating a joint consolidation loan into 2 separate Federal Direct Consolidation Loans under section 455(g)(2).

.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate