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Code · BILL · 118th Congress · H.R. 1731 (Introduced in House) — To amend the Higher Education Act of 1965 to double the Pell Grant award amount, improve the Public Service Loan Forg... · Sec. 221

Sec. 221. Amendments to terms and conditions of Public Service Loan Forgiveness

1,060 words·~5 min read·/bill/118/hr/1731/ih/section-221

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Paragraph
(1)of section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) ) is amended— in subparagraph (A)— in the matter preceding clause (i), by striking 120 and inserting 96 ; by striking or at the end of clause (iii); in clause (iv), by striking and and inserting or ; and by adding at the end the following: in lieu of such a payment, has been in— cancer treatment deferment under section 427(a)(2)(C)(iv), 428(b)(1)(M)(v), or 455(f)(3); rehabilitation training program deferment under section 427(a)(2)(C)(i)(II), 428(b)(1)(M)(i)(II), or 455(f)(2)(A)(ii); military service deferment under section 428(b)(1)(M)(iii) or 455(f)(2)(C); unemployment deferment under section 427(a)(2)(C)(ii), 428(b)(1)(M)(ii), 428B(d)(1)(A)(i), or 455(f)(2)(B); deferment due to an economic hardship described in section 427(a)(2)(C)(iii), section 428(b)(1)(M)(iv), section 428B(d)(1)(A)(i), section 435(o), or section 455(f)(2)(D); Peace Corps service deferment under section 682.210(b)(2)(ii) or 682.210(k) of title 34, Code of Federal Regulations (or successor regulations), as made applicable to Direct Loan borrowers under section 685.204(j) of such title 34; has been in post-active-duty student deferment under section 493D; AmeriCorps forbearance under section 428(c)(3)(A)(i)(III); National Guard Duty forbearance under section 682.211(h)(2)(iii) or 685.205(a)(7) of title 34, Code of Federal Regulations (or successor regulations); Department of Defense student loan repayment program forbearance under section 428(c)(3)(A)(i)(IV); Administrative forbearance or mandatory administrative forbearance under section 428(c)(3)(D) or 428H(e)(7); or Student loan debt burden forbearance under section 428(c)(3)(A)(i)(II); and ; and in subparagraph (B), by striking
(i)is employed and all that follows through has been and inserting has been . Paragraph
(2)of section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m)(2) ) is amended by adding at the end the following: In the case of a borrower who meets the requirements under paragraph
(1)for such cancellation, such cancellation shall occur without further action by the borrower. . Section 455(m) of such Act ( 20 U.S.C. 1087e(m) ) is further amended— by redesignating paragraphs
(3)and
(4)as paragraphs
(6)and (7), respectively; and by inserting after paragraph
(2)the following: In the case of an eligible refinanced Federal Direct Loan under section 460A, any monthly payment pursuant to any repayment plan listed in paragraph (1)(A) (including a period of deferment or forbearance described in paragraph (1)(A)(v)) made on a loan, for which the liability has been discharged by such refinanced loan and without regard to whether such loan is an eligible Federal Direct Loan, shall be treated as a monthly payment under paragraph (1)(A) on the portion of such refinanced loan that is attributable to such discharged loan. The Secretary shall ensure that borrowers have access to an on-line portal that provides each borrower who signs on to such portal with the following: Instructions on how to access the database under paragraph
(5)so that the borrower can determine whether the borrower is employed in a public service job. An identification of the loans of the borrower that are eligible Federal Direct Loans. With respect to each such eligible Federal Direct Loan, the number of monthly payments on such loan that qualify as a monthly payment under paragraph (1)(A), and the estimated number of monthly payments under paragraph (1)(A) remaining on such loan before the borrower may be eligible for loan cancellation under this subsection. With respect to each loan of the borrower that is not eligible for loan cancellation under this subsection, an explanation of why the loan is not so eligible and instructions on how what, if anything, the borrower may do to make the loan so eligible. Instructions for the submission of any forms associated with such loan cancellation, and an ability for the borrower to use the portal to electronically sign and submit such forms. In the case of a borrower who disputes a determination of the Secretary relating to the entitlement of the borrower to loan cancellation under paragraph (2)— an ability for the borrower to file a claim with the Secretary to dispute such determination through the portal; and in the case of such a claim that has been filed, the status of such claim, for which updates shall be provided not fewer than once every 90 days. The Secretary shall ensure that an employer of a borrower has the option to electronically sign and submit any forms associated with loan cancellation under this subsection. The Secretary shall ensure that any information provided through the on-line portal described in this paragraph is up-to-date information. The Secretary, in consultation with the Secretary of Labor, shall establish and regularly update a database that lists public service jobs. The database established under subparagraph
(A)shall be made available on a publicly accessible website of the Department in an easily searchable format. . Section 455(m) of such Act is further amended in paragraph (6)(A) (as so redesignated by subsection (c))— by inserting before the period at the end the following: (including any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan refinanced under section 460A) ; by striking The term and inserting the following: The term ; and by adding at the end the following: In the case of an eligible Federal Direct Loan that is a Federal Direct Consolidation Loan made on or after the date of enactment of the LOAN Act, any monthly payment pursuant to any repayment plan listed in paragraph (1)(A) (including a period of deferment or forbearance described in paragraph (1)(A)(v)) made on a loan, for which the liability has been discharged by the proceeds of such Federal Direct Consolidation Loan and without regard to whether the loan is an eligible Federal Direct Loan, shall be treated as a monthly payment under paragraph (1)(A) on the portion of such Federal Direct Consolidation Loan that is attributable to such discharged loan, except that in a case of a borrower who previously received a Federal Direct Consolidation Loan, any monthly payment made on a loan for which the liability has been discharged by such previous consolidation loan shall not be treated as a monthly payment on a portion of the subsequent Federal Direct Consolidation Loan made on or after such date of enactment. . Section 455(m) of such Act is further amended in paragraph
(7)(as so redesignated by subsection (c)) by striking both this subsection and section 428J, 428K, 428L, or 460 and inserting both this subsection and section 428K or 428L .
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Sec. 221
Amendments to terms and conditions of Public Service Loan Forgiveness
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