,i #aacth ,,congress #ast ,session ,h4 ,r4 #accj ,,in ,,the ,,house ,,of ,,representatives ,march #ba1 #bjac ,ms4 ,bass 7for herself1 ,ms4 ,wilson of ,florida1 ,mr4 ,hinojosa1 ,ms4 ,fudge1 ,mrs4 ,christensen1 ,ms4 ,clarke1 ,mr4 ,al ,green of ,texas1 ,mr4 ,payne1 ,mr4 ,johnson of ,georgia1 ,mr4 ,clyburn1 ,mr4 ,clay1 ,mr4 ,watt1 ,mr4 ,cleaver1 ,mr4 ,danny ,k4 ,davis of ,illinois1 ,mr4 ,hastings of ,florida1 ,mr4 ,scott of ,virginia1 ,ms4 ,lee of ,california1 ,mr4 ,richmond1 ,mr4 ,lewis1 ,ms4 ,brown of ,florida1 ,ms4 ,edwards1 ,mr4 ,conyers1 ,ms4 ,norton1 ,ms4 ,jackson ,lee1 ,mr4 ,rangel1 ,ms4 ,bordallo1 ,mr4 ,sablan1 ,ms4 ,moore1 ,mr4 ,ryan of ,ohio1 ,mr4 ,gene ,green of ,texas1 ,mr4 ,jeffries1 ,mr4 ,schiff1 ,mr4 ,bishop of ,georgia1 ,ms4 ,lofgren1 ,ms4 ,brownley of ,california1 and ,mr4 ,ellison7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committees on ,financial ,services and ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to increase purchasing power1 strengthen economic recovery1 and restore fairness in financing higher education in the ,united ,states through student loan forgiveness1 caps on interest rates on ,federal student loans1 and refinancing opportunities for private borrowers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,student ,loan ,fairness ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,a well-educated citizenry is critical to our ,nation's ability to compete in the global economy4 7#b7 ,the ,federal ,government has a vested interest in ensuring access to higher education4 7#c7 ,higher education should be viewed as a public good benefitting our country rather than as a commodity solely benefitting individual students4 7#d7 ,recently1 total outstanding student loan debt officially surpassed total credit card debt in the ,united ,states in #bjaj1 and is on track to exceed #a1jjj1jjj1jjj1jjj4 7#e7 ,excessive student loan debt is impeding economic growth in the ,united ,states4 ,faced with excessive repayment burdens1 many individuals are unable to start businesses1 invest1 or buy homes4 ,relieving student loan debt would give these individuals greater control over their earnings and would increase entrepreneurship and demand for goods and services4 7#f7 ,because of soaring tuition costs1 students often have no choice but to amass significant debt to obtain an education that is widely considered a prerequisite for earning a living wage4 7#g7 ,amidst rising tuition rates and stagnant grant funding1 many students are forced to supplement ,federal loans with private loans1 which frequently feature higher interest rates with fewer consumer protections4 7#h7 ,a borrower who experiences an extended hardship for whatever reason1 or a borrower who experiences a series of separate hardships over a longer period of time1 will often have no choice but to default on his or her private student loans4 ,opportunities to put such private loans into forbearance are limited4 7#i7 ,during the period of forbearance on private student loans1 interest continues to accrue and is capitalized1 and once the borrower comes out of forbearance1 he or she owes significantly more on the principal of the loan than before the hardship period began4 #c4 #aj_/aj ,loan ,repayment and ,forgiveness ,part ,g of title ,,iv of the ,higher ,education ,act of #aife is amended by adding at the end the following3 #dic;,e4 #aj_/aj ,loan ,repayment and ,forgiveness 7a7 #aj_/aj ,loan ,repayment ,plan 7#a7 #aj_/aj ,loan ,repayment ,plan authorized ,notwithstanding any other provision of this ,act1 the ,secretary shall carry out a program 7to be known as the #aj_/aj ,loan ,repayment ,plan7 under which-- 7,a7 a borrower of an eligible loan who is eligible under paragraph 7#c7 may elect to have the borrower's aggregate monthly payment for all such loans not exceed the monthly payment amount described in paragraph 7#b72 7,b7 any interest due and not paid under a monthly payment under this subsection-- 7i7 shall continue to accrue2 and 7ii7 shall be capitalized up to an amount equal to #aj percent of the original principal amount of all the eligible loans that the borrower is repaying under this subsection2 7,c7 any principal due and not paid under a monthly payment under this subsection shall be deferred1 and shall be forgiven in accordance with subsection 7b7 if the borrower meets the requirements for forgiveness under such subsection2 7,d7 the amount of time the borrower makes monthly payments under this subsection may exceed #aj years2 7,e7 a borrower who is repaying an eligible loan pursuant to #aj_/aj ,loan ,repayment under this subsection may elect1 at any time1 to terminate repayment pursuant to #aj_/aj ,loan ,repayment and repay such loan under the standard repayment plan1 in which case the amount of time the borrower is permitted to repay such loans may exceed #aj years2 and 7,f7 the special allowance payment to a lender calculated under section #dch7;b77#b77;,i71 when calculated for a loan in repayment under this section1 shall be calculated on the principal balance of the loan and on any accrued interest unpaid by the borrower in accordance with this section4 7#b7 #aj_/aj ,loan ,repayment monthly payment formula ,a borrower who has elected to participate in the #aj_/aj ,loan ,repayment ,plan under this subsection shall1 during each month the borrower is participating in such ,plan1 make a monthly payment in an amount equal to-- 7,a7 one-twelfth of the amount that is #aj percent of the result obtained by calculating1 on at least an annual basis1 the amount by which-- 7i7 the borrower's1 and the borrower's spouse's 7if applicable71 adjusted gross income2 exceeds 7ii7 #aej percent of the poverty line applicable to the borrower's family size as determined under section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b772 or 7,b7 in the case of a borrower who is in deferment due to an economic hardship described in section #dce7o71 #j4 7#c7 ,eligibility ,the ,secretary shall establish procedures for annually determining the borrower's eligibility for #aj_/aj ,loan ,repayment1 including verification of a borrower's annual adjusted gross income and the annual amount due on the total amount of eligible loans1 and such other procedures as are necessary to effectively implement #aj_/aj ,loan ,repayment under this subsection4 7#d7 ,special rule for married borrowers filing separately ,in the case of a married borrower who files a separate ,federal income tax return1 the ,secretary shall calculate the amount of the borrower's #aj_/aj ,loan ,repayment under this subsection solely on the basis of the borrower's student loan debt and adjusted gross income4 7b7 #aj_/aj ,loan ,forgiveness 7#a7 ,in general ,the ,secretary shall carry out a program 7to be known as the #aj_/aj ,loan ,forgiveness ,program7 to forgive a qualified loan amount1 in accordance with paragraph 7#c71 on an eligible loan for a borrower who1 after the date that is #aj years prior to the date of enactment of the ,student ,loan ,fairness ,act1 has made #abj monthly payments on the eligible loan pursuant to any one or a combination of the following3 7,a7 ,monthly payment under the #aj_/aj ,loan ,repayment ,plan under subsection 7a74 7,b7 ,monthly payment under any other repayment plan authorized under part ,b or ,d of an amount that1 for a given month1 is not less than the monthly payment amount calculated under subsection 7a7 that the borrower would have owed in the year in which such payment was made1 based on the borrower's adjusted gross income and eligible loan balance for such year4 7,c7 ,for any month after such date during which the borrower is in deferment due to an economic hardship described in section #dce7o71 monthly payment of #j4 7#b7 ,method of loan forgiveness ,to provide loan forgiveness under paragraph 7#a71 the ,secretary is authorized to carry out a program-- 7,a7 through the holder of the loan1 to assume the obligation to repay a qualified loan amount for a loan made1 insured1 or guaranteed under part ,b of this title2 and 7,b7 to cancel a qualified loan amount for a loan made under part ,d of this title4 7#c7 ,qualified loan amount ,after the borrower has made #abj monthly payments described in paragraph 7#a71 the ,secretary shall forgive-- 7,a7 with respect to new borrowers on or after the date of enactment of the ,student ,loan ,fairness ,act1 the sum of-- 7i7 the balance of principal and fees due on the borrower's eligible loans as of the time of such forgiveness1 not to exceed #de1ebj2 and 7ii7 the amount of interest that has accrued on the balance described in clause 7i7 as of the time of such forgiveness2 or 7,b7 with respect to any other eligible borrower1 the balance of principal1 interest1 and fees due on the borrower's eligible loans as of the time of such forgiveness4 7#d7 ,exclusion from taxable income ,the amount of a borrower's eligible loans forgiven under this section shall not be included in the gross income of the borrower for purposes of the ,internal ,revenue ,code of #aihf4 7c7 ,supporting documentation required ,a borrower who has elected to participate in the #aj_/aj ,loan ,repayment ,plan under subsection 7a71 or who is requesting forgiveness under the #aj_/aj ,loan ,forgiveness ,program under subsection 7b71 shall provide to the ,secretary such information and documentation as the ,secretary determines1 by regulation1 to be necessary to verify the borrower's adjusted gross income and payment amounts made on eligible loans of the borrower for the purposes of such ,plan or ,program4 7d7 ,definition of eligible loan ,in this section the term eligible loan means any loan made1 insured1 or guaranteed under part ,b or ,d4 4 #d4 ,capping interest rates for all ,federal ,direct loans ,section #dee7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7b77 is amended-- 7#a7 by redesignating paragraphs 7#h7 and 7#i7 as paragraphs 7#i7 and 7#aj71 respectively2 and 7#b7 by inserting after paragraph 7#g7 the following3 7#h7 ,rate of interest for all new ,federal ,direct loans ,notwithstanding any other provision of this ,act1 with respect to a loan under this part for which the first disbursement of principal is made 7or in the case of a ,federal ,direct ,consolidation ,loan1 for which the application is received7 on or after ,july #a1 #bjac1 or the date of enactment of the ,student ,loan ,fairness ,act1 whichever is later1 the applicable rate of interest shall not exceed #c4d percent4 4 #e4 #aj_/aj ,loan ,repayment ,plan as plan selected by the ,secretary 7a7 ,,ffel ,loans 7#a7 ,in general ,section #dbh7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh7;b77#i77 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 by striking and at the end of clause 7iv72 7ii7 in clause 7v71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following new clause3 7vi7 beginning ,july #a1 #bjac1 a #aj_/aj ,loan ,repayment ,plan1 with varying annual repayment amounts based on the discretionary income of the borrower1 in accordance with section #dic;,e4 2 and 7,b7 in subparagraph 7,b71 by striking 7,a77i7 and inserting 7,a77vi74 7#b7 ,effective date ,the amendment made by paragraph 7#a77;,b7 shall be effective beginning ,july #a1 #bjac4 7b7 ,direct ,loans 7#a7 ,in general ,section #dee7;d7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7d77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 by striking and at the end of subparagraph 7,d72 7ii7 in subparagraph 7,e71 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following new subparagraph3 7,f7 beginning on ,july #a1 #bjac1 a #aj_/aj ,loan ,repayment ,plan1 with varying annual repayment amounts based on the discretionary income of the borrower1 in accordance with section #dic;,e4 2 and 7,b7 in paragraph 7#b7-- 7i7 by striking may and inserting shall2 and 7ii7 by striking 7,a71 7,b71 or 7,c7 and inserting 7,f74 7#b7 ,effective date ,the amendment made by paragraph 7#a77;,b7 shall be effective beginning ,july #a1 #bjac4 #f4 ,improving and expanding ,public ,service ,loan ,forgiveness ,section #dee7m7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7m77 is amended-- 7#a7 in paragraph 7#a71 by striking #abj and inserting #fj each place it appears2 and 7#b7 in paragraph 7#c77;,b7-- 7,a7 in clause 7i71 by striking or after the semicolon2 7,b7 in clause 7ii71 by striking the period and inserting 2 or2 and 7,c7 by adding at the end the following3 7iii7 a full-time job as a primary care physician in an area or population designated as a ,medically ,underserved ,area or ,population by the ,health ,resource and ,services ,administration4 4 #g4 ,refinancing private education loans for certain borrowers 7a7 ,consolidation for certain borrowers ,section #dee7;g7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7g77 is amended-- 7#a7 by striking ,a borrower and inserting the following3 7#a7 ,in general ,a borrower 2 7#b7 by inserting 1 and any loan described in paragraph 7#b7 after ,july #a1 #bjaj2 and 7#c7 by adding at the end the following new paragraph3 7#b7 ,consolidation of private education loans as a ,federal ,direct ,consolidation ,loan for certain borrowers 7,a7 ,in general ,notwithstanding any other provision of law1 a borrower who meets the eligibility criteria described in subparagraph 7,b7 shall be eligible to obtain a ,federal ,direct ,consolidation loan under this paragraph that-- 7i7 shall include an eligible private education loan2 and 7ii7 may include a loan described in section #dbh;,c7a77#d74 7,b7 ,eligible borrower ,a borrower of an eligible private education loan is eligible to obtain a ,federal ,direct ,consolidation ,loan under this paragraph if the borrower-- 7i7 was eligible to borrow a loan under section #dbh;,h1 a ,federal ,direct ,unsubsidized ,stafford ,loan1 a loan under section #dbh;,b1 or a ,federal ,direct ,,plus loan for a period of enrollment at an institution of higher education1 or1 with respect to a borrower who was enrolled at an institution of higher education on less than a half-time basis1 would have been eligible to borrow such a loan for such period of enrollment if the borrower had been enrolled on at least a half-time basis2 7ii7 borrowed at least one eligible private education loan for a period of enrollment described in clause 7i72 and 7iii7 has an average adjusted gross income 7based on the borrower's adjusted gross income from the #c most recent calendar years before application for consolidation under this section7 that is equal to or less than the borrower's total education debt 7determined by calculating the sum of the borrower's loans described in section #dbh;,c7a77#d7 and eligible private education loans7 at the time of such application4 7,c7 ,definition of eligible private education loan ,for purposes of this paragraph1 the term eligible private education loan means a private education loan 7as such term is defined in section #adj of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afej77 made on or before the date of enactment of the ,student ,loan ,fairness ,act1 including the amount of outstanding principal1 accrued interest1 and related fees and costs 7as determined by the ,secretary7 owed by a borrower on such a loan4 7,d7 ,purchase of loan ,for each eligible private education loan that a borrower is consolidating under this paragraph1 the ,secretary shall notify the holder that the ,secretary is purchasing the loan1 and the ,secretary shall then purchase such loan1 as described under section #adj;,a of the ,truth in ,lending ,act4 7,e7 ,terms and rate of interest ,a ,federal ,direct ,consolidation ,loan made under this paragraph shall have the same terms and conditions as a ,federal ,direct ,consolidation loan under paragraph 7#a71 except that the applicable rate of interest for a ,federal ,direct ,consolidation loan made under this paragraph shall not exceed #c4d percent4 7,f7 ,notification of eligible borrowers ,the ,secretary shall take such steps as may be necessary to notify eligible borrowers of the availability of consolidation under this paragraph no later than #fj days after the date of enactment of the ,student ,loan ,fairness ,act1 including notifying such borrowers of the deadline to apply for such a loan under subparagraph 7,g74 7,g7 ,application deadline for loans under this paragraph ,a borrower may apply for loans under this paragraph during the #a-year period beginning on the date of enactment of the ,student ,loan ,fairness ,act4 ,the ,secretary shall not make a ,federal ,direct ,consolidation ,loan under this paragraph to any borrower who has not submitted an application for such a loan to the ,secretary before the end of such period4 7,h7 ,authorization and appropriation ,there are authorized to be appropriated1 and there are appropriated1 such sums as may be necessary to carry out this paragraph4 4 7b7 ,sale of private education loans to the ,government ,chapter #b of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afca et seq47 is amended-- 7#a7 by redesignating section #adj;,a as section #adj;,b2 7#b7 by inserting after section #adj the following3 #adj;,a4 ,sale of private education loans to the ,government 7a7 ,in general ,the ,bureau shall issue regulations to require a private education lender to sell an eligible private education loan to the ,secretary of ,education1 upon request of the ,secretary1 for purposes of consolidating such loan1 as described under section #dee7;g77#b7 of the ,higher ,education ,act of #aife4 7b7 ,determination of price ,the price paid for a private education loan under subsection 7a7 shall-- 7#a7 include the amount of outstanding principal on the loan1 the amount of accrued interest on the loan1 and any fees or other costs owed by the consumer on the loan2 and 7#b7 be adjusted to account for the time value of such amount4 7c7 ,definitions ,for purposes of this section3 7#a7 ,eligible private education loan ,the term eligible private education loan means a private education loan1 as defined under section #adj7;a71 made on or before the date of enactment of the ,student ,loan ,fairness ,act4 7#b7 ,private education lender ,the term private education lender has the meaning given such term under section #adj7;a74 2 and 7#c7 in the table of contents for such chapter-- 7,a7 by redesignating the item relating to section #adj;,a as item #adj;,b2 and 7,b7 by inserting after the item relating to section #adj the following3 #adj;,a4 ,sale of private education loans to the ,government4 4 7c7 ,conforming amendment ,section #dbh;,c7a77#c77;,b77i77,v7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh-c7;a77#c77;,b77i77,v77 is amended-- 7#a7 by striking or at the end of item 7bb72 7#b7 by striking the period at the end of item 7cc7 and inserting 2 or2 and 7#c7 by adding at the end the following3 7dd7 for the purpose of consolidating an eligible private education loan under section #dee7;g77#b71 whether such loan is consolidated alone1 with other eligible private education loans1 or with loans described in paragraph 7#d74 4 #h4 ,interest-free deferment of unsubsidized loans during periods of unemployment 7a7 ,,ffel ,unsubsidized loan deferment 7#a7 ,section #dbh;,h7e77#b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh-h7;e77#b77 is amended-- 7,a7 in subparagraph 7,a71 by inserting ,except as provided in subparagraph 7,c71 before ,interest on2 and 7,b7 by adding at the end the following3 7,c7 ,interest on loans made under this section for which payments are deferred under clause 7ii7 of section #dbh7;b77#a77,m71 for a period of deferment granted to a borrower on or after the date of enactment of the ,student ,loan ,fairness ,act1 shall accrue and be paid by the ,secretary during any period during which loans are so deferred1 not in excess of #c years4 4 7#b7 ,conforming amendment ,section #dbh7;b77#a77,y77iii7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh7;b77#a77,y77iii77 is amended by inserting 7other than a deferment under clause 7ii7 of such subparagraph on or after the date of enactment of the ,student ,loan ,fairness ,act7 after of this paragraph4 7b7 ,direct ,unsubsidized loan deferment ,section #dee7;f77#a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7f77#a77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking or at the end of clause 7i72 and 7,b7 by adding at the end the following3 7iii7 a ,federal ,direct ,unsubsidized ,stafford ,loan1 with respect to a period of deferment described in subparagraph 7,b7 of paragraph 7#b7 granted to a borrower on or after the date of enactment of the ,student ,loan ,fairness ,act2 or 2 and 7#b7 in subparagraph 7,b71 by inserting not described in subparagraph 7,a77iii7 after ,unsubsidized ,stafford ,loan4 7c7 ,treatment of consolidation loans ,section #dbh;,c7b77#d77;,c77ii7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh-c7;b77#d77;,c77ii77 is amended-- 7#a7 by striking or at the end of subclause 7,,ii72 7#b7 by redesignating subclause 7,,iii7 as subclause 7,,iv72 7#c7 by inserting after subclause 7,,ii7 the following3 7,,iii7 by the ,secretary1 in the case of a consolidation loan for which the application is received on or after the date of enactment of the ,student ,loan ,fairness ,act1 except that the ,secretary shall pay such interest only for a period not in excess of #c years for which the borrower would be eligible for a deferral under clause 7ii7 of section #dbh7;b77#a77,m72 or 2 and 7#d7 in subclause 7,,iv7 7as so redesignated by this subsection71 by striking 7,i7 or 7,,ii7 and inserting 7,i71 7,,ii71 or 7,,iii74 7d7 ,income-,based repayment ,section #dic;,c7b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajihc7;b77-- 7#a7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by striking and after the semicolon2 7,b7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 7,c7 by inserting after subparagraph 7,a7 the following3 7,b7 shall1 on subsidized and unsubsidized loans1 be paid by the ,secretary for a period of not more than #c years during which the borrower is eligible for a deferment due to unemployment described in section #dee7;f77#b77;,b7 7regardless of whether the student is in such a deferment71 except that-- 7i7 this subparagraph shall only apply to periods during which the borrower is eligible for such a deferment on or after the date of enactment of the ,student ,loan ,fairness ,act2 and 7ii7 in the case of a subsidized loan1 such period shall not include any period described in subparagraph 7,a7 or any period during which the borrower is in deferment due to an economic hardship described in section #dce7o72 and 2 and 7,d7 in subparagraph 7,c7 7as so redesignated by paragraph 7#b77-- 7i7 in clause 7i71 by striking subparagraph 7,a7 and inserting subparagraphs 7,a7 and 7,b72 and 7ii7 in clause 7ii71 by inserting 1 subject to subparagraph 7,b71 after unsubsidized loan2 and 7,e7 by striking and at the end of paragraph 7#h72 7,f7 by striking the period at the end of paragraph 7#i7 and inserting a semicolon2 and 7,g7 by adding at the end the following new paragraph3 7#aj7 the amount of the principal and interest on a borrower's loans repaid or canceled under paragraph 7#g7 shall not be included in the gross income of the borrower for purposes of the ,internal ,revenue ,code of #aihf4 4 #i4 ,excluding loans forgiven under certain repayment programs from gross income 7a7 ,income-,contingent repayment ,section #dee7;e77#b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7e77#b77 is amended-- 7#a7 in the subsection heading1 by inserting and forgiveness after repayment2 and 7#b7 by adding at the end the following3 ,the amount of the principal and interest on a borrower's loans forgiven pursuant to income contingent repayment shall not be included in the gross income of the borrower for purposes of the ,internal ,revenue ,code of #aihf44 7b7 ,pay as you earn repayment ,the amount of the principal and interest on a borrower's loans forgiven pursuant to the income-contingent repayment plan 7based on the ,president's ,pay ,as ,you ,earn repayment initiative7 implemented in parts #fgd1 #fhb1 and #fhe of title #cd1 ,code of ,federal ,regulations1 as amended by the final regulations published by the ,department of ,education in the ,federal ,register on ,november #a1 #bjab 7#gg ,fed4 ,reg4 #ffjhh et seq471 shall not be included in the gross income of the borrower for purposes of the ,internal ,revenue ,code of #aihf4