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Chair Foxx Issues Subpoena to Get to the Bottom of FAFSA Mess

WASHINGTON – Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) fights for students across the country as the U.S. Department of Education (DeptEd) continues to stonewall Congressional inquiries about the botched rollout of the 2024 Free Application for Federal Student Aid (FAFSA). 
 
Chairwoman Foxx today issued a subpoena for DeptEd’s communications and documents associated with the “rollout” of the simplified FAFSA. The subpoena comes after months of hedging and delays on the part of Secretary Miguel Cardona and other DeptEd officials.
 
"Enough is enough. Millions of students are relying on accurate information in order to determine their next steps, but the Biden-Harris administration is too concerned with hiding their incompetence to provide applicants with the certainty they need," said Chairwoman Foxx. "From refusals to update staff to blocking a GAO investigation, it’s clear that the Department of Education isn’t going to give its co-equal branch the relevant information willingly, so today’s subpoena is the only logical next step."
 
The subpoena’s cover letter highlights the numerous attempts to conduct oversight and obtain details about the rollout: "On January 24, 2024, I, U.S. Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Bill Cassidy and 26 other Senators and House members transmitted a letter to Comptroller General Gene Dodaro to ask the Government Accountability Office (GAO) to examine the 'rollout' of the simplified FAFSA.
 
"Subsequently, on May 31 Senate HELP Ranking Member Cassidy and I wrote to you expressing our concerns about how the Department’s failure to provide GAO full and complete information and documents is hindering GAO’s ability to perform its FAFSA-related work for Congress…Further, Comptroller General Dodaro wrote two letters to you on May 20 providing great specificity about GAO’s many meetings with the Department (dating back to February 28, 2024), its requests, and its offer of accommodations to the Department—all for the purpose of obtaining the requested information and documents. Though GAO has received some information and documents, many pending requests remain with the Department over four months later."

 
Read the full subpoena here.
 
BACKGROUND:
  • Earlier this year, Chairwoman Foxx and U.S. Senator Bill Cassidy, M.D. (R-LA), ranking member of the Senate Health, Education, Labor, and Pensions Committee blasted the Biden administration for illegally obstructing the GAO investigation into the administration’s failure to implement the new FAFSA program.
  • On July 5, U.S. Representative Erin Houchin (R-IN), a member of the Committee on Education and the Workforce, introduced legislation requiring the DeptEd to make the FAFSA form available to students each year on October 1. Senator Cassidy introduced companion legislation (S. 4632) in the U.S. Senate.
    • On July 10, the FAFSA Deadline Act, H.R. 8932, passed the Committee on a broad, bipartisan basis. The final vote tally of 34-6 included multiple Democrats joining the unified Republicans in support.
  • On July 11, Chairwoman Foxx, Senator Cassidy, and colleagues sent a letter demanding an update on the OIG investigation into Biden’s botched FAFSA rollout.
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