Two Deadlines​: May 9, 2024 & May 22, 2024

  ​​Starting April 16, we need our members to reach their Representatives and Senators to urge their intervention. Details follow.
Recent update from Warner's office has clarified that no briefing, report, or communication was released by ED regarding a a detailed spending plan of anticipated FY2024 funds for JCL implementation.  Senator Wicker's office had reported April 23rd as a possible release date for the funding, but that did not materialize.  Wicker's office also provided the date of May 11th for the status update on JCL Separation status.  Because these were the only reported dates and because there is little margin for error, we acted on these dates.

Senator Warner's office has recently advised [4/23/2024] that ED may be waiting until they are closer to the 45-day mark so they can provide concrete answers on the funding levels for FY2024.   That may be the case for the 60-day report on the JCL implementation status.  The 45-day and 60-day reports align to May 9, 2024 and May 22, 2024 respectively. 

While the dates have been moved back the urgency for outreach from JCL borrowers has not changed.  JCL borrowers need their Congress people to hold ED accountable to delivering justifications, budgets, timelines and execution in real terms before and during these briefings, by carrying out the goal actions described below before May 9, 2024.

Members should begin and continue outreach immediately, expressly requesting the goals below.

Note: This timeline could adjust based on activity within the Chambers.

Our goals...

We want Representatives and Senators to intervene on our behalf to hold ED accountable to budgeting a line item for JCLSA implementation in line with the mentioned 45-day and 60-day milestones. In this, we are trying to move our Representatives and Senators to take the following actions:
  1. Collaborate with JCLSA champions, such as Senators Mark Warner [D-VA] or John Cornyn [R-TX] or Representatives Joe Neguse (D-CO-2), Brian Fitzpatrick (R-PA-1), or Haley Stevens (D-MI-11) on these milestones.
  2. Voice support and request that their respective Appropriations Committee hold ED to factoring a line item for JCLSA implementation using existing funding and delivering justifications, budgets, timelines and execution in real terms.
  3. Actively intervene with ED to urge them to include a line item for PL117-200 (JCLSA) implementation using existing funds and deliver justifications, budgets, timelines and execution in real terms.

Campaign execution...

Because of tight timeline constraints, we do not have time to create speaking points, form letter or infographics for this effort.  We advise members to use existing contacts that they have made in their Congress person's office to expedite communication.  If members do not have existing connections, we advise that they request our Legistorm contact information for the relevant staffers in their Congress person's office. 

Members should do the following:
  1. Members should ensure that they have staffer information for their Representative and Senators' offices.  If members do not have an existing staffer contact for each of these offices, they should request access to Legistorm contact information.
  2. Members should reach out via direct email or phone call.  If a meeting can be arranged in a tight turnaround, that is a premium.
    1. ​Members should share their story, and share their hardships and cost while waiting for implementation.
    2. Members should request their Congress person to conduct as many of prescribed actions as possible.
    3. Members can speak from the background and basis provided below.
  3. Members should follow up in a day or two if no contact is made, initial staffer response did not directly address the actions above or indicate any commitment for or against, or if a boiler plate response was offered.  Even if the initial response was favorable, it cannot hurt to contact the office again to shore up on outreach efforts and confirm their temperature check. (See our temperature check criteria here.)
  4. Members should report their Representative's or Senators' temperature check and level of commitment after their initial call and subsequent communique on our Temperature Check Form.​​

Get Staffer Info...

1. Find your address on The Do U.S. Part! Map and click the map for your Congress people's information popup.
2. ​Scroll to the bottom of the popup and select and copy your Congress people's information request to use in your request email or message.
3. In Facebook, use Facebook Messenger to create a message to Kristy Sinkhorn , paste the request information from the popup and send. You can also send an email to [email protected], Subject Line "Legistorm Request" and simply paste the request text from the popup into the email.

Background & Basis...

The March 23, 2024 Congress passed an Appropriations minibus funding the Department of Education (ED) and Federal Student Aid (FSA) for FY2024.  In this, the bill codified accountability on ED for implementation of Public Law 117-200, the Joint Consolidation Loan Separation Act (JCLSA).
  • On page 576, the bill states that within 45 days of adoption, the FSA must provide a detailed spending plan of anticipated funds for FY24. This date falls on May 9, 2024 (see dates under timeline above).  This makes it the perfect time to push for JCLSA implementation to be included in budgeting strategies.
  • On page 84 of the bill’s supplementary document, the text reads ​“Joint Consolidation Loan Separation Act. - Within 60 days of enactment of this Act, the agreement directs the Department to provide a briefing to the Committees with a status update on implementing the Joint Consolidation Loan Separation Act (P.L. 117-200).”  This date falls on May 22, 2024 (see dates posted under timeline above). 

In this, the following points are substantiated.
  • The JCLSA is not an ask for broad student loan cancellation. 
  • Support for JCLSA implementation is no longer an ask for additional funds. 
  • It codifies a precedent for ED’s accountability to Congress Appropriations committees regarding how it uses congressionally defined and allocated funds to implement JCLSA and the implementation timeline. Since many Congresspeople advocated that student loan problems be solved through Congressional legislation rather than by Executive programs, this should be appealing to Republican Congresspeople.
  • This accountability on ED was agreed via true bicameral and bipartisan support.  Some Republican members on the House Appropriations Committee who supported this, did not support our bill in 2022.
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There are three primary strategic paths that ED can take for funding implementation.  None of these require additional funding to department of Education’s (ED) Federal Student Aid (FSA). Based on preliminary discussion, JCLSA implementation would qualify under any of these three lanes.

  1. ED uses FY2024 Student Aid Administration (SAA) account to fuel JCLSA  implementation. ED only received $25M more for Federal Student Aid funding, which is a fraction of what they requested for FY2024.  This would be a focused discussion point leading up to the 45-day milestone defined in the supplement document to the recently passed minibus.
  2. ED reallocates/transfers funds to FSA to fuel JCLSA implementation.  In the past, ED could re-allocate up to 3% of funding from account to another as long as the target account did not exceed its defined threshold.  The recent minibus, discussed in the previous article, modified this reallocation to up to 10%, so ED has greater flexibility to use existing budget funds. ED has indicated an intent to recommit more funds through this transfer to Federal Student Aid already, but it is not clear if that will entail JCLSA implementation.  This would be a focused discussion leading up to the 45-day benchmark defined in the supplement document to the recently passed minibus.  If ED will not commit to using 2024 SAA funds for JCLSA implementation, then the option of redirecting or using these redirected funds to implement JCLSA will be discussed.
  3. ED allocates funds from its Nonrecurring Expense Fund (NEF) for certain projects and program implementations.  ED is allowed to reallocate funds one time to the NEF for projects that modernize or improve program.  Preliminary discussion indicates that the JCLSA implementation would meet requirements for this reallocation.  Between 2023 and 2024, nearly $150M has been reallocated to this account.  This would be a focused discussion leading up to the 60-day benchmark defined in the recently passed minibus.

It is not clear which strategy ED will take and what timeline they choose to execute.  It is also not clear if ED requires prodding from Congress, but if the pattern in 2024 remain similar to the previous two years, then DoUsPart! Members should consider activating their Congresspeople as soon as possible. 

The LAST RESORT would be seeking funds for 2025, but this is not being discussed until the prior three efforts have been exhausted with no success.  To avoid this path, it is advised that DoUsPart! Members reach out to their Representative and Senators to urge them take the actions posted under "Our Goals.." above.



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Identify and connect to your Representative's and Senator's and discover their stance on JCLSA on our interactive map. 
Report the outcomes your advocacy.  Indicate the temperature of your Congressman on holding ED accountable.
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