,,ii #aagth ,,congress #b;d ,session ,s4 #deha ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ba1 #bjbb,mr4 ,menendez introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to improve the public service loan forgiveness program under section #dee7m7 of the ,higher ,education ,act of #aife1 to improve loan forgiveness eligibility provisions under such ,act for teachers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,second ,chance at ,public ,service ,loan ,forgiveness ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the public service loan forgiveness program under section #dee7m7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7m77 was created in #bjjg to attract individuals to public service by forgiving an individual's ,federal loans under part ,d of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajga et seq42 #bj ,u4,s4,c4 #ajhg;a et seq47 after #aj years of employment in areas of national need4 7#b7 ,these public service careers1 which include employment in military1 emergency management1 government1 public safety1 law enforcement1 public health1 education1 child care1 social work1 services for individuals with disabilities1 services for the elderly1 public interest legal services1 and library sciences1 pay substantially less than similar careers in the private sector4 7#c7 ,the public sector also repeatedly experiences workforce shortages1 especially following the ,,covid-#ai pandemic4 7#d7 ,an undergraduate degree1 certification1 or advanced degree is a prerequisite to enter or advance in these public service careers4 ,yet1 research suggests that the prospect of several decades of student loan payments often deters individuals from pursuing careers in public service4 7#e7 ,the public service loan forgiveness program has substantially failed4 ,in #bjah1 #ii percent of the borrowers who applied for relief under the program were denied due to improper type of loans1 employment1 or repayment plan1 or the number of payments that they had made4 7#f7 ,advocates and enforcement agencies1 including #ch ,state ,attorneys ,general and the ,bureau of ,consumer ,financial ,protection1 have repeatedly found that all of the major ,federal student loan servicers provided inaccurate information to borrowers who were interested in or relying upon the public service loan forgiveness program4 ,they also found that servicers repeatedly steered borrowers away from public service loan forgiveness into higher monthly payments and into deferment and forbearances4 7#g7 ,this has caused millions of public servants irreparable economic harm1 including preventing them from buying a home1 opening a small business1 starting a family1 or retiring1 because of their student debt4 7#h7 ,despite the recent actions of ,president ,biden's administration to improve the public service loan forgiveness program1 these actions are limited and will not fully atone for the repeated1 pervasive1 and systemic actions by ,federal student loan servicers to prevent public servants from fully benefitting from this program4 #c4 ,making forgiveness attainable for public sector workers ,section #dee7m7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7m77 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,the ,secretary shall cancel the balance of interest and principal due1 in accordance with paragraph 7#b71 on any eligible ,federal ,direct ,loan not in default for a borrower who-- 7,a7 obtained an eligible ,federal ,direct ,loan2 and 7,b7 has been employed full-time in public service1 beginning on or after ,january #a1 #aiid1 for a total period of #aj years or more after the date on which the first eligible ,federal ,direct ,loan was obtained4 2 7#b7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#e7 and 7#f71 respectively2 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 ,special rules relating to employment ,for purposes of this subsection1 volunteer service as an ,ameri,corps or ,peace ,corps volunteer1 as described in subclause 7,,iii7 or 7,,iv7 of paragraph 7#e77;,c77i71 shall be deemed to be employment4 7#d7 ,special rule for certain loans and borrowers 7,a7 ,parent ,plus loans ,in the case of a borrower of an eligible ,federal ,direct ,loan that is on behalf of a student1 any public service employment required under this subsection may be completed by the borrower or by the student on whose behalf the loan was made4 7,b7 ,special rules for ,federal ,direct ,consolidation loans 7i7 ,in general ,a borrower who has obtained an eligible ,federal ,direct ,loan that is a ,federal ,direct ,consolidation ,loan that includes a loan made1 insured1 or guaranteed under part ,b or part ,e shall receive credit under paragraph 7#a7 for any years of full-time employment in public service that occurred while the borrower had a component loan of the ,federal ,direct ,consolidation ,loan4 7ii7 ,special rules for joint borrowers ,the ,secretary shall allow the borrowers of a ,joint ,consolidation ,loan or a ,joint ,direct ,consolidation ,loan who are employed in a public service job to consolidate such loan into a ,federal ,direct ,consolidation ,loan in order to receive loan cancellation pursuant to this subsection4 2 and 7#d7 by striking paragraph 7#e71 as redesignated by paragraph 7#b71 and inserting the following3 7#e7 ,definitions ,in this subsection3 7,a7 ,eligible ,federal direct loan ,the term eligible ,federal ,direct ,loan means a ,federal ,direct ,stafford ,loan1 ,federal ,direct ,unsubsidized ,loan1 ,federal ,direct ,,plus ,loan 7including such loan made on behalf of a student71 or ,federal ,direct ,consolidation ,loan4 7,b7 ,full-time ,the term full-time1 when used with respect to employment in public service1 means working in public service employment in one or more jobs for a total of-- 7i7 not less than #cj hours a week2 7ii7 in the case of any form of educational public service employment that is under a contract for not less than #h months1 not less than #cj hours per week during the contract period2 or 7iii7 in the case of employment as an adjunct1 contingent1 or part-time faculty member1 teacher1 or lecturer who is paid solely for the credit hours taught at an institution of higher education1 the equivalent of #cj hours per week determined by multiplying each credit or contract hour taught per week by #c4ce4 7,c7 ,public service 7i7 ,in general ,the term public service means-- 7,i7 employment with a qualifying employer described in clause 7i7 or 7ii7 of subparagraph 7,d72 7,,ii7 employment with a qualifying employer described in subparagraph 7,d77iii7 that-- 7aa7 provides direct services to the public through its employees2 and 7bb7 has devoted a majority of its full-time equivalent employees to working in not less than #a of the following areas3 7,,aa7 ,early childhood education programs4 7,,bb7 ,emergency management4 7,,cc7 ,law enforcement4 7,,dd7 ,military service4 7,,ee7 ,other school-based services4 7,,ff7 ,public education 7including higher education74 7,,gg7 ,public health4 7,,hh7 ,public interest law services4 7,,ii7 ,public library services4 7,,jj7 ,public safety4 7,,kk7 ,public services for individuals with disabilities or public services for the elderly4 7,,ll7 ,school library services2 7,,iii7 satisfactory service as a ,peace ,corps volunteer in accordance with section #e of the ,peace ,corps ,act 7#bb ,u4,s4,c4 #bejd72 or 7,,iv7 successful service as a participant in a position described in section #abc of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abegc74 7ii7 ,additional definitions ,for purposes of clause 7i73 7,i7 ,emergency management services ,the term emergency management services means services that help remediate1 lessen1 or eliminate the effects or potential effects of emergencies that threaten human life or health or real property4 7,,ii7 ,law enforcement ,the term law enforcement means services performed by an employee of a public service organization that is publicly funded and whose principal activities pertain to crime prevention1 control or reduction of crime1 or the enforcement of criminal law4 7,,iii7 ,military service ,the term military service means providing service to or on behalf of members1 veterans1 or the families or survivors of members or veterans of the ,armed ,forces1 including the ,national ,guard1 that is provided to a person because of the person's status in the ,armed ,forces or ,national ,guard4 7,,iv7 ,other school-based services ,the term other school-based services means an employee of a ,state1 or of any political division of a ,state1 or an employee of a nonprofit organization1 who works in any grade from prekindergarten through grade #ab in any of the following occupational specialties3 7aa7 ,paraprofessional services1 including paraeducator services4 7bb7 ,clerical and administrative services4 7cc7 ,transportation services4 7dd7 ,food and nutrition services4 7ee7 ,custodial and maintenance services4 7ff7 ,security services4 7gg7 ,health and student services4 7hh7 ,technical services4 7ii7 ,skilled trades4 7,v7 ,public education ,the term public education means-- 7aa7 the provision of educational enrichment or support to students in a school or a school-like setting1 including teaching2 and 7bb7 teaching as a full-time faculty member at a ,tribal ,college or ,university1 as defined in section #caf7;b71 and other faculty teaching in high-needs subject areas or areas of shortage 7including nurse faculty1 foreign language faculty1 and part-time faculty at community colleges71 as determined by the ,secretary4 7,,vi7 ,the term public health means-- 7aa7 services provided by physicians1 nurses 7including nurses in a clinical setting71 and nurse practitioners2 and 7bb7 services provided by health care practitioner occupations1 health care support occupations1 and counselors1 social workers1 and other community and social service specialist occupations1 as those terms are defined by the ,bureau of ,labor ,statistics4 7,,vii7 ,the term public interest law means legal services or legal advocacy provided by a nonprofit organization1 but excludes services provided by individuals who are registered lobbyists at the ,federal1 ,state1 or local level4 7,,viii7 ,the term public library services means the operation of public libraries or services that support their operation4 7,,ix7 ,the term public safety services means services that seek to prevent the need for emergency management services4 7,x7 ,the term public services for individuals with disabilities means services performed for1 or to assist1 individuals with disabilities 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb77 that is provided to an individual because of the individual's status as an individual with a disability4 7,,xi7 ,the term public service for the elderly means services that are provided to individuals who are aged #ei4e years or older and that are provided to an individual because of the individual's status as an individual of that age1 including services related to retirement plans1 pensions1 social security1 retiree health plans1 or ,medicaid4 7,,xii7 ,the term school library services means the operations of school libraries or services that support their operation4 7,d7 ,qualifying employer ,the term qualifying employer means-- 7i7 a ,federal1 ,state1 ,tribal1 local1 intergovernmental1 or regional governmental organization1 agency1 or entity based or headquartered in the ,united ,states1 including the ,armed ,forces1 ,national ,guard1 ,merchant ,marines1 or ,coast ,guard2 7ii7 a nonprofit organization that is qualified under section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf2 or 7iii7 a nonprofit organization that is qualified under section #eja7;a7 of such ,code1 with respect to an employee in public service employment4 4 #d4 ,loan forgiveness for teachers ,the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 is amended-- 7#a7 in section #dbh;,j7g77#b7 7#bj ,u4,s4,c4 #ajgh-aj7;g77#b77-- 7,a7 in subparagraph 7,a71 by inserting or after the semicolon at the end2 7,b7 by striking subparagraph 7,b72 and 7,c7 by redesignating subparagraph 7,c7 as subparagraph 7,b72 7#b7 in paragraph 7#g7 of section #dee7m7 7#bj ,u4,s4,c4 #ajhg;e7m771 as amended by section #c7b71 by striking both this subsection and section #dbh;,j1 #dbh,k1 #dbh,l1 or #dfj and inserting both this subsection and section #dbh,k or #dbh,l2 and 7#c7 in section #dfj7;g77#b7 7#bj ,u4,s4,c4 #ajhg;j7g77#b77-- 7,a7 in subparagraph 7,a71 by inserting or after the semicolon at the end2 7,b7 by striking subparagraph 7,b72 and 7,c7 by redesignating subparagraph 7,c7 as subparagraph 7,b74