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II
116TH CONGRESS
2D SESSION
S. 3543
To amend the public service loan forgiveness program under the Higher
Education Act of 1965 to waive the requirement that a borrower make
a monthly payment during a month for which there is a qualifying
emergency in the State in which the borrower is employed.
IN THE SENATE OF THE UNITED STATES
MARCH 19, 2020
Mr. TESTER introduced the following bill; which was read twice and referred
to the Committee on Health, Education, Labor, and Pensions
A BILL
To amend the public service loan forgiveness program under
the Higher Education Act of 1965 to waive the require-
ment that a borrower make a monthly payment during
a month for which there is a qualifying emergency in
the State in which the borrower is employed.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Public Service Loan
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Forgiveness Protection Act’’.
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•S 3543 IS
SEC. 2. WAIVER FOR PUBLIC SERVICE LOAN FORGIVENESS
1
PAYMENTS
DURING
QUALIFYING
EMER-
2
GENCY.
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Section 455(m) of the Higher Education Act of 1965
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(20 U.S.C. 1087e(m)) is amended—
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(1) in paragraph (1), by striking ‘‘The Sec-
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retary’’ and inserting ‘‘Except as provided under
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paragraph (5), the Secretary’’; and
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(2) by adding at the end the following:
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‘‘(5) WAIVER FOR PAYMENTS DURING QUALI-
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FYING EMERGENCY.—
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‘‘(A) QUALIFYING EMERGENCY.—The term
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‘qualifying emergency’ means—
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‘‘(i) a public health emergency de-
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clared by the Secretary of Health and
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Human Services pursuant to section 319
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of the Public Health Service Act (42
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U.S.C. 247d);
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‘‘(ii) an emergency for which a Gov-
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ernor of a State or territory has declared
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a state of emergency;
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‘‘(iii) an event for which the President
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declared a major disaster or an emergency
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under section 401 or 501, respectively, of
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the Robert T. Stafford Disaster Relief and
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•S 3543 IS
Emergency Assistance Act (42 U.S.C.
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5170 and 5191); or
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‘‘(iv) a national emergency declared
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by the President under section 201 of the
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National Emergencies Act (50 U.S.C.
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1621).
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‘‘(B) WAIVER.—The Secretary may waive
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the requirement under paragraph (1) that a
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borrower make a monthly payment during a
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month for which there is a qualifying emer-
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gency in the State in which the borrower is em-
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ployed. A failure to make a monthly payment
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pursuant to such waiver shall not disqualify
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such borrower from receiving loan cancellation
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pursuant to this subsection.’’.
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Æ
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