,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hcaf ,,in ,,the ,,house ,,of ,,representatives ,september #ah1 #bjbj,mr4 ,takano introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to direct the ,secretary of ,education to provide relief to borrowers of student loans for whom the ,department of ,education found misrepresentation by the institution of higher education or a ,state attorney general has asserted a right to borrower defense discharge4 #a4 ,short title ,this ,act may be cited as the ,coronavirus ,emergency ,borrower ,defense ,act of #bjbj or the ,coronavirus ,e-,,bd ,act of #bjbj4 #b4 ,emergency borrower defense 7a7 ,emergency borrower defense ,an eligible borrower1 or parent borrower who took out an eligible loan on behalf of an eligible borrower1 shall be entitled to relief on such loan pursuant to this section4 7b7 ,eligible borrower2 eligible loan ,in this section3 7#a7 ,eligible borrower 7,a7 ,in general ,the term eligible borrower means-- 7i7 a borrower covered by ,department of ,education findings made on or before the date of enactment of this section against an institution of higher education for job placement rate misrepresentation2 7ii7 a borrower on whose behalf a ,state attorney general has asserted a right to borrower defense discharge if the assertion was made by the ,state attorney general to the ,secretary of ,education on or before the date of enactment of this section2 or 7iii7 a borrower who-- 7,i7 was subject to a misrepresentation made by the institution of higher education that the borrower attended related to guaranteed employment or transferability of credits where such misrepresentation was established by the ,department of ,education in findings made on or before the date of enactment of this section2 and 7,,ii7 has asserted being subject to such misrepresentation in a borrower defense application to the ,secretary of ,education4 7,b7 ,eligibility ,a borrower-- 7i7 described in clause 7i7 or 7ii7 of subparagraph 7,a71 shall be an eligible borrower whether or not the borrower has applied for borrower defense and whether or not the borrower's claim has been adjudicated1 if the borrower has not previously received complete relief on the eligible loan based on the borrower defense2 and 7ii7 described in subparagraph 7,a77iii71 shall be an eligible borrower whether or not the borrower's claim has been adjudicated1 so long as they have not previously received complete relief on their ,federal student loans based on their borrower defense4 7#b7 ,eligible loan ,the term eligible loan means a loan made1 insured1 or guaranteed under part ,b or ,d of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajga et seq42 #ajhg;a et seq474 7c7 ,relief ,with respect to-- 7#a7 an eligible borrower described in clause 7i7 or 7ii7 of subsection 7b77#a77;,a71 or an eligible borrower described in subsection 7b77#a77;,a77iii7 who applied for borrower defense prior to the date of enactment of this section1 the ,secretary of ,education shall-- 7,a7 not later than #cj days after the date of enactment of this section1 discharge the borrower1 or parent borrower who took out an eligible loan on behalf of such borrower1 of the full obligation to repay the eligible loan 7including associated interest1 costs1 and fees that the borrower or parent borrower would otherwise be obligated to pay72 7,b7 not later than #de days after the date of enactment of this section1 reimburse the borrower1 or parent borrower who took out an eligible loan on behalf of such borrower1 for amounts paid toward the loan voluntarily or through enforced collection2 7,c7 not later than #fj days after the date of enactment of this section1 report the discharge under this section to all consumer reporting agencies to which the ,secretary previously reported the status of the loan1 so as to delete all adverse credit history assigned to the loan2 and 7,d7 not later than #fj days after the date of enactment of this section1 no longer consider a borrower1 or parent borrower who took out a loan on behalf of such borrower1 who has defaulted on a loan discharged under this section to be in default on the discharged loan2 and 7#b7 an eligible borrower described in subsection 7b77#a77;,a77iii7 who did not apply for borrower defense prior to the date of enactment of this section1 the ,secretary of ,education shall-- 7,a7 not later than #cj days after the date such borrower applies for borrower defense1 discharge the borrower1 or parent borrower who took out an eligible loan on behalf of such borrower1 of the full obligation to repay the eligible loan 7including associated interest1 costs1 and fees that the borrower or parent borrower would otherwise be obligated to pay72 7,b7 not later than #de days after such borrower applies for borrower defense1 reimburse the borrower1 or parent borrower who took out an eligible loan on behalf of such borrower1 for amounts paid toward the loan voluntarily or through enforced collection2 7,c7 not later than #fj days after such borrower applies for borrower defense1 report the discharge under this section to all consumer reporting agencies to which the ,secretary previously reported the status of the loan1 so as to delete all adverse credit history assigned to the loan2 and 7,d7 not later than #fj days after such borrower applies for borrower defense1 no longer consider a borrower1 or parent borrower who took out a loan on behalf of such borrower1 who has defaulted on a loan discharged under this section to be in default on the discharged loan4 7d7 ,notification ,with respect to-- 7#a7 an eligible borrower described in clause 7i7 or 7ii7 of subsection 7b77#a77;,a71 an eligible borrower described in subsection 7b77#a77;,a77iii7 who applied for borrower defense prior to the date of enactment of this section1 or a parent borrower who took out an eligible loan on behalf of such an eligible borrower1 the ,secretary of ,education shall1 not later than #bj days after the date of enactment of this section1 notify such borrower or parent borrower in writing of-- 7,a7 the relief to which the borrower is entitled pursuant to subsection 7c72 7,b7 the time in which such relief will be provided pursuant to subsection 7c72 7,c7 the borrower's eligibility to receive assistance under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 after receiving relief pursuant to subsection 7c72 and 7,d7 any further relief to such borrower or parent borrower as the ,secretary of ,education determines is appropriate2 and 7#b7 an eligible borrower described in subsection 7b77#a77;,a77iii7 who did not apply for borrower defense prior to the date of enactment of this section1 or a parent borrower who took out an eligible loan on behalf of such an eligible borrower1 the ,secretary of ,education shall1 not later than #bj days after such borrower applies for borrower defense1 notify such borrower or parent borrower in writing of-- 7,a7 the relief to which the borrower is entitled pursuant to subsection 7c72 7,b7 the time in which such relief will be provided pursuant to subsection 7c72 7,c7 the borrower's eligibility to receive assistance under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 after receiving relief pursuant to subsection 7c72 and 7,d7 any further relief to such borrower or parent borrower as the ,secretary of ,education determines is appropriate4 7e7 ,institutional accountability ,for a discharge granted under this section1 the ,secretary of ,education shall1 as applicable1 initiate an appropriate proceeding to require the institution of higher education whose act or omission resulted in the discharge to repay to the ,secretary of ,education the amount discharged whether by offset1 claim on a letter of credit1 or other protection provided by the institution of higher education4