,,ii #aafth ,,congress #b;d ,session ,s4 #ejbc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ae1 #bjbj ,mr4 ,booker 7for himself and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to suspend and reform the authority under the ,higher ,education ,act of #aife for the ,secretary of ,education to carry out an administrative wage garnishment program4 #a4 ,short title ,this ,act may be cited as the ,ending ,administrative ,garnishment ,act of #bjbj4 #b4 ,suspension of wage garnishment ,section #dhh;,a of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajie;a7 is amended by adding at the end the following3 7f7 ,suspension of authority 7#a7 ,in general ,beginning on the date of enactment of the ,ending ,administrative ,garnishment ,act of #bjbj1 the authority provided under subsection 7a7 to garnish the disposable pay of an individual shall be suspended until the date the ,secretary submits to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives the certification described in paragraph 7#b74 7#b7 ,certification ,not earlier than #a year after the date of enactment of the ,ending ,administrative ,garnishment ,act of #bjbj1 the ,secretary shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives a certification that either-- 7,a7 the ,secretary has implemented a process through which-- 7i7 individuals who have had their disposable pay improperly garnished in violation of this section1 or of any other instruction by the ,secretary1 are able to have their refund processed and returned to them not later than one calendar week after the date of such violation2 7ii7 the ,secretary can independently cease or suspend the administrative wage garnishment program authorized under this section at any time1 at the sole discretion of the ,secretary1 including suspension of the garnishment of any individual student loan borrower or a cohort of borrowers2 and 7iii7 the ,secretary obtains a quarterly verification from each employer through which garnishment is carried out under this section that all information necessary to implement garnishment under this section with respect to an individual employee is accurate1 including an estimate of the amount scheduled to be garnished in the subsequent quarter1 and the name1 address1 phone number1 and email address for both the employee and the employer2 or 7,b7 the ,secretary is unable to implement the process described in subparagraph 7,a7 and has determined that the garnishment of the disposable pay shall not apply to individuals as authorized under subsection 7a74 7#c7 ,data collection 7,a7 ,in general ,if the ,secretary submits a certification under paragraph 7#b7 that the ,secretary has implemented the process described in paragraph 7#b77;,a71 the ,secretary1 upon submission of such certification1 shall establish a centralized database containing-- 7i7 the addresses1 occupations1 employers1 and other collectible demographic data of individuals whose disposable pay was subject to garnishment under this section on the day before the date of enactment of the ,ending ,administrative ,garnishment ,act of #bjbj2 and 7ii7 the addresses1 occupations1 employers1 and other collectible demographic data of individuals whose disposable pay is subject to garnishment under subsection 7a74 7,b7 ,report ,not later than #ij days after the date the ,secretary establishes the database under subparagraph 7,a71 and not less often than annually thereafter1 the ,secretary shall submit a report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives summarizing the information contained in the database and evaluating the exercise of the ,secretary's authority under subsection 7a74 7g7 ,right of action against employer ,the employer shall be liable for1 and the ,secretary1 the guaranty agency1 or an individual1 as appropriate1 may sue the employer in a ,state or ,federal court of competent jurisdiction to recover1 any amount that such employer improperly withholds from wages due an employee following receipt by such employer of notice of suspension or revocation of the withholding order1 and actual damages1 plus attorneys' fees1 costs1 and1 in the court's discretion1 punitive damages4 7h7 ,department action after improper garnishment ,not later than #aj days after the date the ,secretary receives an individual's disposable pay that has been improperly garnished1 the ,secretary shall pay the borrower twice the actual amount of wages garnished4 ,notwithstanding section #dcb7;a77#b71 an injunction against the ,secretary may be issued to enforce this subsection4 7i7 ,limits on use ,the ,secretary may not garnish the disposable pay of an individual under this section with respect to a loan that has been outstanding for more than #aj years4 4 #c4 ,parity with income-driven repayment ,section #dhh;,a of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajie;a7 is amended by striking subsection 7a77#a7 and inserting3 7#a7 7,a7 ,parity with income-driven repayment ,the amount deducted in any calendar month shall not exceed the amount that a similarly-situated individual would be required to make for such month under the income-driven repayment plan that offers the lowest monthly payment4 7,b7 ,income-driven repayment defined ,in this subsection1 the term income-driven repayment means-- 7i7 income-based repayment authorized under section #dic;,c for loans made1 insured1 or guaranteed under part ,b or part ,d2 or 7ii7 income contingent repayment authorized under section #dee7;e71 for loans made under part ,d4 7,c7 ,similarly-situated individual defined ,with respect to an individual1 the term similarly situated individual means another individual with an eligible loan who would be eligible to enroll in income-driven repayment and has the same income and family size characteristics4 4 #d4 ,collection and compromise ,section #cgaa of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 7j7 ,additional requirements for the ,united ,states ,department of ,education 7#a7 ,in general ,nothing in this section shall permit the ,secretary of ,education to exercise any authority under this section without first satisfying the requirements established under section #dhh;,a7f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajie;a7f774 7#b7 ,parity with income-driven repayment 7,a7 ,in general ,notwithstanding any other provision of law1 for any debts owed to the ,department of ,education or insured by the ,department of ,education1 the total amount collected under this section shall not exceed the amount that a similarly situated individual would be required to make for such month under the income-driven repayment plan that offers the lowest monthly payment1 or by year in the case of a tax refund offset4 7,b7 ,definitions ,in this subsection3 7i7 ,income-driven repayment ,the term income-driven repayment means-- 7,i7 income-based repayment authorized under section #dic;,c of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajih;e7 for loans made1 insured1 or guaranteed under part ,b or part ,d of title ,,iv of such ,act2 or 7,,ii7 income contingent repayment authorized under section #dee7;e7 of such ,act 7#bj ,u4,s4,c4 #ajhg;e7e771 for loans made under part ,d of title ,,iv of such ,act4 7ii7 ,similarly situated individual ,with respect to an individual1 the term similarly situated individual means another individual with an eligible loan who would be eligible to enroll in income-driven repayment and has the same income and family size characteristics4 7#c7 ,limits on use ,the ,secretary of ,education shall not collect on a debt under the authority under this section of an individual with respect to a loan that has been outstanding for more than #aj years4 4