,,ii #aafth ,,congress #ast ,session ,s4 #abjc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aa1 #bjai,mrs4 ,gillibrand 7for herself1 ,mr4 ,kaine1 ,ms4 ,warren1 ,mr4 ,blumenthal1 ,ms4 ,klobuchar1 ,mr4 ,durbin1 ,ms4 ,harris1 ,mr4 ,van ,hollen1 ,mr4 ,booker1 ,mrs4 ,shaheen1 ,mr4 ,merkley1 ,ms4 ,hassan1 ,ms4 ,duckworth1 ,mr4 ,sanders1 ,ms4 ,baldwin1 ,mr4 ,bennet1 ,mr4 ,casey1 and ,ms4 ,rosen7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,higher ,education ,act of #aife in order to improve the public service loan forgiveness program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,what ,you ,can ,do ,for ,your ,country ,act4 #b4 ,amendments to the public service loan forgiveness program 7a7 ,public service loan forgiveness 7#a7 ,in general ,section #dee7m7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7m77 is amended to read as follows3 7m7 ,loan forgiveness for ,federal student loan borrowers employed in public service 7#a7 ,definitions ,in this subsection3 7,a7 ,certification of employment ,the term certification of employment means a certification of employment under paragraph 7#d74 7,b7 ,full-time ,the term full-time1 when used with respect to employment1 means employment-- 7i7 with a qualifying employer for not less than #cj hours per week2 or 7ii7 with #b or more qualifying employers for a total of not less than #cj hours per week4 7,c7 ,qualifying employer ,the term qualifying employer means-- 7i7 a ,federal1 ,state1 local1 or ,tribal government organization or instrumentality1 including any organization established in law as a body politic2 7ii7 an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf1 and exempt from taxation under section #eja7;a7 of such ,code2 or 7iii7 an organization-- 7,i7 not described in clause 7ii7 that is a not-for-profit organization under other ,federal or ,state law2 7,,ii7 that is not a labor organization or partisan political organization2 and 7,,iii7 whose purpose is to directly provide any of the following services1 as defined in regulations promulgated the ,secretary3 7aa7 ,emergency management and disaster response4 7bb7 ,military service4 7cc7 ,public safety services1 including fire prevention and suppression1 rescue services1 hazardous materials response1 ambulance services1 and emergency medical services4 7dd7 ,law enforcement4 7ee7 ,public health1 including service through organizations that employ nurses1 nurse practitioners1 nurses in a clinical setting1 or professionals engaged in health care practitioner occupations and health care support occupations1 as such terms are defined by the ,bureau of ,labor ,statistics4 7ff7 ,public education1 including the provision of educational enrichment or support directly to students or their families1 employment with a ,tribal ,college or ,university 7as defined in section #caf7;b771 and employment as an adjunct faculty member or instructor for an educational institution4 7gg7 ,public interest law services1 including prosecution or public defense or legal advocacy on behalf of low-income communities at a not-for-profit organization4 7hh7 ,early childhood education1 including licensed or regulated childcare1 ,head ,start programs1 and ,state funded prekindergarten4 7ii7 ,public service for individuals with disabilities4 7jj7 ,public service for the elderly4 7kk7 ,public and school-based library sciences4 7ll7 ,school-based services1 including the provision of noneducational enrichment or support directly to students or their families4 7mm7 ,social work1 including child or family services4 7,d7 ,qualifying monthly payment obligation ,the term qualifying monthly payment obligation means a monthly payment obligation due on a loan under the repayment plan of the borrower-- 7i7 that was satisfied by the borrower through a payment made after ,october #a1 #bjjg2 and 7ii7 attributable to a period during which the borrower was employed full-time by a qualifying employer4 7#b7 ,in general ,beginning on ,july #a1 #bjai1 the ,secretary shall forgive the applicable percentage described in paragraph 7#c7 of the balance of principal and interest due on a loan made under this part for a borrower who has satisfied #fj or #abj qualifying monthly payment obligations on a loan made under this part and submitted any certification of employment required under this subsection4 7#c7 ,loan forgiveness after #fj payment obligations and #abj payment obligations ,the applicable percentages under this paragraph shall be-- 7,a7 in the case of a borrower who satisfies #fj qualifying monthly payment obligations on a loan made under this part that is not in default 7as defined in section #dce71 #ej percent of the total amount of the balance of principal and interest due on such loan as of the date of the loan forgiveness2 and 7,b7 in the case of a borrower who satisfies #abj qualifying monthly payment obligations on a loan made under this part that is not in default1 #ajj percent of the balance of principal and interest due on such loan as of the date of the loan forgiveness4 7#d7 ,certification of employment requirements 7,a7 ,in general ,in order to receive loan forgiveness under this subsection1 a borrower of a loan made under this part shall submit to the ,secretary a certification of employment4 7,b7 ,content of certification ,the ,secretary shall-- 7i7 develop1 and make easily accessible1 the certification of employment2 and 7ii7 ensure that the method of certification-- 7,i7 allows for the employer to indicate and certify the dates of the borrower's employment2 and 7,,ii7 provides electronic signature options for the employer and for the borrower4 7,c7 ,borrower access ,the ,secretary shall ensure that a borrower may submit a certification of employment to the ,secretary electronically through any information system through which the ,secretary permits borrowers to take self-service actions with respect to their loans4 7,d7 ,exception for self-certification ,the ,secretary shall provide a self-certification option for the certification of employment for borrowers who have extenuating circumstances preventing the borrowers from obtaining the qualifying employer signature and certification required under subparagraph 7,b77ii71 as determined by the ,secretary pursuant to rulemaking and including situations where an employer is no longer in existence or refuses to cooperate4 7,e7 ,periodic review of certification of employment ,for each borrower of a loan made under this part who has submitted a certification of employment1 the ,secretary shall-- 7i7 by not later than #cj days after receipt of the certification of employment-- 7,i7 review the certification of employment and determine the number of qualifying monthly payment obligations satisfied on the loan during the period of employment covered by the certification of employment2 7,,ii7 inform the borrower of the number of qualifying monthly payment obligations satisfied2 and 7,,iii7 inform the borrower of the number of remaining qualifying monthly payment obligations to be satisfied in order for the borrower to receive partial loan forgiveness under paragraph 7#c77;,a71 and such number needed to receive full loan forgiveness under paragraph 7#c77;,b72 and 7ii7 periodically1 but not less than twice annually1 notify the borrower1 using the most recent calculation of qualifying monthly payment obligations1 of-- 7,i7 the number of qualifying monthly payment obligations satisfied1 as of the date of the notice2 7,,ii7 the number of remaining qualifying monthly payment obligations to be satisfied in order for the borrower to receive partial loan forgiveness under paragraph 7#c77;,a71 and such number needed to receive full loan forgiveness under paragraph 7#c77;,b72 7,,iii7 any steps the borrower can take to convert non-qualifying monthly payment obligations into qualifying monthly payment obligations1 including the options to provide payments to satisfy monthly payment obligations for past public service under paragraph 7#e77;,c72 and 7,,iv7 the dispute resolution process for the ,secretary's determination of qualifying monthly payment obligations1 as described in paragraph 7#g74 7#e7 ,qualifying monthly payment obligations 7,a7 ,in general ,for purposes of this subsection1 the number of qualifying monthly payment obligations satisfied on a loan is the number of monthly payments1 during the period of employment and based on the repayment plan selected by the borrower for such period1 that would be satisfied based on applying the total amount of payments made by the borrower on the loan at any time during such period4 7,b7 ,adjustment of payment obligation status 7i7 ,hold harmless against retroactive determinations ,if the ,secretary has classified a payment obligation satisfied by a borrower of a loan made under this part as a qualifying monthly payment obligation and later determines that the payment obligation does not qualify1 the ,secretary shall deem the payment obligation to be a qualifying monthly payment obligation to be counted for purposes of paragraph 7#b74 7ii7 ,explanation of non-qualifying payment obligation determinations ,if the ,secretary determines that payments made by a borrower of a loan made under this part for a period of full-time employment with a qualifying employer cannot be applied toward the total number of qualifying monthly payment obligations for purposes of paragraph 7#b71 the ,secretary shall provide a borrower with an explanation and allow the borrower to correct the reason for such determination1 to the extent possible4 ,such borrower remediation shall include1 at a minimum1 providing a borrower with the opportunity to reimburse the ,secretary for any underpayment4 7,c7 ,satisfying previously non-qualifying monthly payment obligations 7i7 ,in general ,a borrower of a loan made under this part who has a period during which the borrower was employed full-time with a qualifying employer but did not satisfy one or more qualifying monthly payment obligations during such period1 such as a borrower who was in deferment or forbearance1 may satisfy one or more monthly payment obligations of that period at a later date by paying the additional amount needed to satisfy the qualifying monthly payment obligation1 in accordance with a process established by the ,secretary4 7ii7 ,determination process ,the amount of past monthly payment obligations satisfied by a payment under this subparagraph for a period of employment shall be determined using the amount of the borrower's monthly payment1 based on any repayment plan1 as selected by the borrower1 that could have been selected by the borrower during such period4 ,the ,secretary may require a borrower wishing to satisfy past monthly payment obligations under this subparagraph to submit any additional information necessary to calculate the amount of the past payments4 7iii7 ,limit ,a borrower may not satisfy more than #cf past monthly payment obligations under this subparagraph4 7#f7 ,special rules relating to ,federal ,direct consolidation loans 7,a7 ,review of any new consolidation loan application 7i7 ,public service loan forgiveness option on consolidation application ,beginning on ,july #a1 #bjai1 the ,secretary shall include1 in any application for a ,federal ,direct ,consolidation ,loan1 the option for the borrower to indicate that the borrower is consolidating for the purpose of using the public service loan forgiveness program under this subsection4 7ii7 ,review ,beginning on ,july #a1 #bjai1 the ,secretary shall1 after issuing any ,federal ,direct ,consolidation ,loan to a borrower who indicated an interest in the public service loan forgiveness program on the loan application-- 7,i7 request that the borrower submit a certification of employment2 and 7,,ii7 after receiving a complete certification of employment1 review the borrower's past payments on all component loans comprising the ,federal ,direct ,consolidation ,loan and inform the borrower-- 7aa7 of the number of monthly payment obligations satisfied by the borrower before the date of consolidation that are qualifying monthly payment obligations1 in accordance with subparagraph 7,b72 or 7bb7 if no payment obligations are satisfied1 that the borrower will not receive any credit towards public service loan forgiveness under this subsection for the ,federal ,direct ,consolidation ,loan4 7,b7 ,qualifying payment obligations on all component loans and loan types through consolidation ,in the case of a borrower of one or more loans eligible for consolidation1 including loans made under part ,b1 who applies for1 and receives1 a ,federal ,direct ,consolidation ,loan1 the ,secretary shall request the borrower submit a certification of employment for any qualifying employment and1 after receiving the certification of employment1 shall-- 7i7 review the borrower's payment history on each of the component loans comprising the ,federal ,direct ,consolidation ,loan1 including each loan made under part ,b2 and 7ii7 for each component loan-- 7,i7 calculate the weighted factor of the component loan1 which shall be the factor that represents the ratio between the amount of the component loan and the amount of the ,federal ,direct ,consolidation ,loan1 as determined by the ,secretary2 7,,ii7 determine the number of equivalent monthly payment obligations toward the ,federal ,direct ,consolidation ,loan satisfied on the component loan by multiplying the weighted factor for the component loan by the number of qualifying monthly payment obligations that the borrower satisfied on the component loan2 and 7,,iii7 after rounding the number determined under subclause 7,,ii7 to the nearest whole number1 deem that number of equivalent monthly payment obligations to be qualifying monthly payment obligations on the ,federal ,direct ,consolidation ,loan4 7,c7 ,applicability of borrower protections and rights ,a borrower of one or more loans eligible for consolidation1 including loans made under part ,b1 who applies for and receives a ,federal ,direct ,consolidation ,loan shall receive all the protections and rights provided under subparagraphs 7,b7 and 7,c7 of paragraph 7#e7 for the loan1 and for any component loan1 in the same manner as provided to any other borrower of a loan made under this part4 7#g7 ,notice of qualifying payment obligations 7,a7 ,initial notice ,upon receiving any verbal or written contact by a borrower on or after ,july #a1 #bjai1 expressing interest in the public service loan forgiveness program under this subsection1 the ,secretary1 or an eligible lender or guaranty agency under part ,b1 shall provide the borrower1 by not later than #cj days after the contract1 with a notice that-- 7i7 explains the requirements of the program1 including whether the borrower needs to consolidate some or all of the borrower's loans to receive forgiveness under this subsection2 7ii7 includes a copy of1 or a link to1 information about the certification of employment process described in paragraph 7#d72 7iii7 includes an estimate of the qualifying monthly payment obligations that would be satisfied by the borrower based on the borrower's payment history1 as of the date of notice1 if the borrower was a full-time employee of a qualifying employer and met the requirements of paragraph 7#b72 and 7iv7 includes an estimate of the number of remaining qualifying monthly payment obligations to be satisfied in order for the borrower to receive partial loan forgiveness under paragraph 7#c77;,a71 and such number needed to receive full loan forgiveness under paragraph 7#c77;,b74 7,b7 ,subsequent notices ,after providing an initial notice under subparagraph 7,a71 the ,secretary1 or an eligible lender or guaranty agency under part ,b1 shall annually provide the borrower with a notice containing the information described in such subparagraph for each subsequent year that the borrower has an outstanding loan1 unless the borrower receives notices under paragraph 7#d77;,e77ii7 or requests that the notices be discontinued4 7#h7 ,dispute resolution process ,by not later than ,july #a1 #bjai1 the ,secretary shall establish a process for borrowers to dispute the calculation of qualifying monthly payment obligations1 or the determination of full or partial loan forgiveness under paragraph 7#b71 following the submission of a certification of employment or application for forgiveness or any successor certification or application4 7#i7 ,database of qualifying employers 7,a7 ,in general ,not later than ,july #a1 #bjai1 the ,secretary shall-- 7i7 establish a database that will include all employers from which the ,secretary has received a certification of employment2 and 7ii7 use such database to aid the ,secretary in processing a certification of employment and in providing the notices required under subsection 7r77#c74 7,b7 ,data matching agreements 7i7 ,in general ,the ,secretary shall enter into data matching agreements with relevant ,federal agencies who possess records about the status of employers or the status of borrowers as employees of qualifying employers for the purpose of eliminating1 to the extent practicable1 the need for a borrower or employer to submit a certification of employment to the ,secretary4 7ii7 ,specific ,federal agencies ,notwithstanding any ,federal law1 the ,secretary of ,labor1 the ,commissioner of ,internal ,revenue1 and the ,commissioner of ,social ,security shall disclose any relevant records to the ,secretary for the purposes of meeting the ,secretary's obligations to reduce barriers to certification of employment as described in clause 7i74 7iii7 ,notice to borrowers ,if the ,secretary receives employer or employment information regarding a borrower from a ,federal agency pursuant to this subparagraph1 the ,secretary shall timely notify the borrower that-- 7,i7 the ,secretary received the information2 and 7,,ii7 the borrower1 for the duration of the borrower's employment by the employer-- 7aa7 is not required to submit a certification of employment for the employer under paragraph 7#d72 or 7bb7 if the information is not complete1 only needs to submit a reduced set of information to the ,secretary for the certification of employment4 7#aj7 ,ineligibility 7,a7 ,no double benefits ,no borrower may1 for the same service1 receive a reduction of loan obligations under both this subsection and section #dbh;,j1 #dbh,k1 #dbh,l1 or #dfj4 7,b7 ,federal elected service excluded ,no borrower may receive loan forgiveness under this subsection for service as a ,member of ,congress or ,president or ,vice ,president of the ,united ,states4 4 7#b7 ,,ffel program amendments ,part ,b of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajga et seq47 is amended-- 7,a7 in section #dbh 7#bj ,u4,s4,c4 #ajgh71 by adding at the end the following3 7p7 ,repayment history information and public service loan forgiveness information ,a guaranty agency shall-- 7#a7 provide1 in a timely manner1 any necessary borrower repayment history information that the ,secretary requests in order to determine the borrower's eligibility for the public service loan forgiveness program under section #dee7m71 or the number of qualifying monthly payment obligations satisfied for purposes of the program1 including such information from all servicers involved in servicing the borrower's loan2 and 7#b7 carry out the requirements of section #dee7m77#g7 upon receiving any verbal or written contact by a borrower on or after ,july #a1 #bjai1 expressing interest in the public service loan forgiveness program under section #dee7m74 2 and 7,b7 in section #dcc 7#bj ,u4,s4,c4 #ajhc7-- 7i7 by redesignating subsection 7f7 as subsection 7g72 and 7ii7 by inserting after subsection 7e7 the following3 7f7 ,repayment history information ,an eligible lender shall-- 7#a7 provide1 in a timely manner1 any necessary borrower repayment history information that the ,secretary requests in order to determine the borrower's eligibility for the public service loan forgiveness program under section #dee7m71 or the number of qualifying monthly payment obligations satisfied for purposes of the public service loan forgiveness program under section #dee7m71 including such information from all servicers involved in servicing the borrower's loan2 and 7#b7 carry out the requirements of section #dee7m77#g7 upon receiving any verbal or written contact by a borrower on or after ,july #a1 #bjai1 expressing interest in the public service loan forgiveness program under section #dee7m74 4 7b7 ,notification ,to ,direct ,loan borrowers regarding all options for loan forgiveness ,section #dee of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7 is amended by adding at the end the following3 7r7 ,annual notice regarding loan forgiveness options 7#a7 ,in general ,the ,secretary shall annually provide a written or electronic disclosure to each borrower of a loan under this part-- 7,a7 notifying the borrower-- 7i7 of any loan forgiveness option available under this title that might apply to a loan under this part held by the borrower1 including the public service loan forgiveness program under subsection 7m72 and 7ii7 in the case of a borrower who is a full-time employee of a ,federal agency and has not expressed interest in or submitted a certification of employment for the public service loan forgiveness program-- 7,i7 that the borrower is employed by a qualifying employer2 7,,ii7 the number of payment obligations satisfied by the borrower that the ,secretary has determined could be qualifying monthly payment obligations on eligible ,federal ,direct ,loan for purposes of the public service loan forgiveness program2 and 7,,iii7 the steps necessary for the borrower to submit a certification of employment and to obtain forgiveness under subsection 7m77#b72 7,b7 informing the borrower that the loan forgiveness options described in subparagraph 7,a7 are provided free of charge2 and 7,c7 including1 for each loan forgiveness option1 information regarding how the borrower should proceed1 including contact information1 if the borrower wishes to pursue such loan forgiveness option4 7#b7 ,exclusions ,notwithstanding paragraph 7#a71 the ,secretary shall not provide a notification under this subsection to a borrower of a loan under this part if-- 7,a7 the borrower is also receiving a notification under subsection 7m77#g72 or 7,b7 the borrower has requested that the ,secretary no longer provide the notifications under this subsection4 4 7c7 ,effective date ,the amendments made by this section shall take effect on ,july #a1 #bjai4 #c4 ,transition to improved public service loan forgiveness program 7a7 ,review of borrowers currently participating in public service loan forgiveness 7#a7 ,calculating the number of qualifying payment obligations for current public service loan forgiveness program participants ,by not later than ,july #a1 #bjai1 the ,secretary shall1 for each borrower that has submitted a certification of employment under the public service loan forgiveness program under section #dee7m7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7 before ,july #a1 #bjai-- 7,a7 calculate the number of qualifying payment obligations under such section satisfied by the borrower1 using the criteria of such section as in effect on ,july #a1 #bjai2 and 7,b7 inform the borrower of the changes in the public service loan forgiveness program and the number of qualifying payment obligations that the borrower will have satisfied for purposes of the program1 beginning on ,july #a1 #bjai4 7#b7 ,retroactive partial loan forgiveness ,by not later than ,july #a1 #bjai1 the ,secretary shall take such steps as are necessary to provide partial loan forgiveness under section #dee7m77#c77;,a77i7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7m77#c77;,a77i771 as in effect on such date1 to borrowers with outstanding balance of principal and interest on a loan made under this part who met the criteria for partial loan forgiveness under such section1 as in effect on ,july #a1 #bjai1 before such date but on or after ,october #a1 #bjjg4 7#c7 ,applicability of other provisions ,in carrying out paragraphs 7#a7 and 7#b71 and in any other case where the ,secretary is applying the loan forgiveness provisions of section #dee7m7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7m771 as in effect on ,july #a1 #bjai1 to a borrower for whom one or more payment obligations were satisfied before ,july #a1 #bjai1 the ,secretary shall determine the number of payment obligations satisfied by applying all of the provisions of such section as in effect on ,july #a1 #bjai1 including the calculation of payment obligations under section #dee7m77#e7 of such ,act and the inclusion of payment obligations satisfied through the component loans of a ,federal ,direct ,consolidation ,loan under section #dee7m77#f71 without regard as to the date on which the payment obligation was satisfied4 7b7 ,special ,,pslf program funds 7#a7 ,definition of ,special ,,pslf program funds ,in this section1 the term special ,,pslf program funds means the amounts appropriated for public service loan forgiveness under section #cae of division ,h of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada2 ,march #bc1 #bjah7 or under section #cac of division ,b of the ,department of ,defense and ,labor1 ,health and ,human ,services1 and ,education ,appropriations ,act1 #bjai and ,continuing ,appropriations ,act1 #bjai 7,public ,law #aae-bde2 ,september #bh1 #bjah74 7#b7 ,rescission ,upon the effective date described in section #b7;c71 all special ,,pslf program funds that remain unexpended on such date shall be rescinded4 7#c7 ,transition ,the ,secretary of ,education shall establish a process through which the ,secretary shall-- 7,a7 review the applications of borrowers who applied for the loan forgiveness program carried out with special ,,pslf program funds but had not received loan forgiveness through such program before ,july #a1 #bjai2 and 7,b7 assist such borrowers in pursuing loan forgiveness under section #dee7m7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7m771 as in effect on ,july #a1 #bjai4