PolicyBrief
S. 1764
119th CongressMay 14th 2025
Ending Administrative Garnishment Act of 2025
IN COMMITTEE

This act suspends the government's authority to garnish wages for certain student loans until the Secretary of Education certifies that a system for correcting past errors is in place or that the program is being permanently stopped.

Cory Booker
D

Cory Booker

Senator

NJ

LEGISLATION

New Bill Halts Student Loan Wage Garnishment Immediately, Demands Quick Error Fixes Before Resumption

The Ending Administrative Garnishment Act of 2025 is the legislative equivalent of hitting the pause button on one of the most frustrating ways the government collects defaulted student loan debt: administrative wage garnishment. This is when the Department of Education (or its agencies) takes money directly from your paycheck without needing a court order. This bill doesn’t just tweak the rules; it immediately suspends the government’s power to do this, effective the day the law passes.

The Immediate Freeze and the 10-Year Clock

Starting right away, your disposable pay is safe from administrative garnishment for federal student loans. That freeze stays in place for at least a year, and potentially longer, until the Secretary of Education can prove they’ve fixed some serious operational issues. Crucially, the bill also establishes a hard limit: the government can no longer garnish wages for any loan that has been outstanding for more than 10 years, period. For someone who defaulted on a loan a decade ago and has been trying to manage their finances ever since, this provision offers a definitive end to the threat of seizure.

Accountability: Pay Back Double, and Fast

The most significant change for the average person is the new standard for handling mistakes. If the Secretary of Education receives funds that were improperly garnished—say, they took too much, or the order was invalid—they must now pay the borrower double the wrongfully taken amount within 10 days of receipt. This isn't just a refund; it’s a penalty for the error, giving the Department a massive incentive to get it right the first time. If they fail to meet this 10-day deadline, a court can issue an injunction to force the repayment. This moves the burden of proof and speed squarely onto the government, which is a huge win for consumer protection.

The High Bar for Resumption

Wage garnishment can only resume one year after the bill becomes law, and only if the Secretary certifies to Congress that one of two things has happened. The first option is that they have implemented a system that guarantees anyone whose pay was garnished incorrectly gets their money back within one week of the mistake being discovered. This is a massive administrative lift, requiring real-time tracking and rapid processing. The system must also require quarterly confirmation from every employer involved, verifying the garnishment details and providing contact information. If the Department can’t meet this standard—which is highly demanding—the Secretary must certify the second option: that they are stopping the administrative wage garnishment program entirely. This structure means the government must either fix its process flaws completely or lose the power to garnish wages.

What It Means for Your Employer

This bill also puts employers on notice. If an employer continues to take money out of an employee’s paycheck after receiving notice that the garnishment order has been suspended or canceled, they become legally liable. The affected individual can sue the employer to recover the improperly withheld wages, plus actual damages, attorney fees, and costs. A court can even order punitive damages. This provision provides a strong safeguard for employees and makes it clear that employers cannot ignore official notices about the suspension of garnishment orders.