[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8393 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8393

 To provide student loan forgiveness to health care workers who are on 
                 the frontline in response to COVID-19.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2020

 Mr. Van Drew introduced the following bill; which was referred to the 
Committee on Education and Labor, and in addition to the Committees on 
Financial Services, and Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide student loan forgiveness to health care workers who are on 
                 the frontline in response to COVID-19.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Frontline Health Care Worker Student 
Loan Assistance Act of 2020''.

SEC. 2. LOAN FORGIVENESS FOR FRONTLINE HEALTH CARE WORKERS.

    (a) Program Authorized.--
            (1) Loan forgiveness authorized.--Beginning on the date 
        that is 90 days after the date of enactment of this Act, the 
        Secretaries concerned shall, subject to paragraph (3), forgive, 
        in accordance with this section, the qualified loan amount 
        described in subsection (b) of the student loan obligation of a 
        borrower who is a frontline health care worker (or whose child 
        is a frontline health care worker, in the case of a borrower of 
        a loan described in section 9(4)(B)).
            (2) Methods of loan forgiveness.--
                    (A) In general.--To provide loan forgiveness under 
                paragraph (1) to each borrower who is a frontline 
                health care worker, the Secretaries concerned shall 
                carry out a program--
                            (i) through the holder of the loan, to 
                        assume the obligation to repay, by direct 
                        payments on behalf of a borrower to the holder 
                        of such loan, a qualified loan amount for an 
                        eligible Federal student loan made, insured, or 
                        guaranteed under part B of title IV of the 
                        Higher Education Act of 1965 (20 U.S.C. 1071 et 
                        seq.);
                            (ii) to cancel a qualified loan amount for 
                        an eligible Federal student loan made under 
                        part D or part E of such title (20 U.S.C. 1087a 
                        et seq.; 1087aa et seq.); and
                            (iii) to assume the obligation to repay, by 
                        direct payments on behalf of a borrower to the 
                        private educational lender of such loan, a 
                        qualified loan amount of an eligible private 
                        student loan in order to discharge the borrower 
                        of such loan from any remaining obligation to 
                        the private educational lender with respect to 
                        such qualified loan amount.
                    (B) Forgiveness through reimbursement.--
                Notwithstanding subparagraph (A), for each borrower who 
                is a frontline health care worker and who has made one 
                or more monthly payments toward the--
                            (i) outstanding eligible Federal student 
                        loan balance of the borrower during the covered 
                        period, the Secretary of Education shall 
                        reimburse the borrower, through direct payment 
                        to the borrower, in an amount equal to the 
                        total amount of such monthly payments made by 
                        the borrower on or after January 31, 2020, and 
                        before the first date on which any portion of a 
                        borrower's loans are forgiven in accordance 
                        with subparagraph (A); and
                            (ii) outstanding eligible private student 
                        loan balance of the borrower during the covered 
                        period, the Secretary of the Treasury shall 
                        reimburse the borrower, through direct payment 
                        to the borrower, in an amount equal to the 
                        total amount of such monthly payments made by 
                        the borrower on or after January 31, 2020, and 
                        before the first date on which any portion of a 
                        borrower's loans are forgiven in accordance 
                        with subparagraph (A).
            (3) Authority of the secretaries concerned.--The Secretary 
        of Education shall have the authority to carry out the loan 
        forgiveness program authorized under this section only with 
        respect to eligible Federal student loans, and the Secretary of 
        the Treasury shall have the authority to carry out such loan 
        forgiveness program only with respect to eligible private 
        student loans.
    (b) Qualified Loan Amount.--
            (1) Total amount.--The Secretaries concerned shall forgive 
        for each borrower who is a frontline health care worker an 
        amount equal to the sum of the monthly loan payments that are 
        due, suspended, or paid on each eligible Federal student loan 
        and each eligible private student loan of the borrower during 
        the covered period. Each monthly loan payment that is included 
        in the qualified loan amount of such a borrower shall be paid, 
        pursuant to paragraph (2), in accordance with either 
        subparagraph (A) or subparagraph (B) of subsection (a)(2), but 
        not both.
            (2) Methods of forgiveness of qualified loan amount.--The 
        Secretaries concerned shall determine the method of forgiveness 
        for each monthly loan payment included in a qualified loan 
        amount as follows:
                    (A) The Secretaries concerned shall provide 
                forgiveness in accordance with subparagraph (A) of 
                subsection (a)(2) for--
                            (i) each monthly loan payment during the 
                        covered period that is due on or after the date 
                        that is 90 days after the date of enactment of 
                        this Act;
                            (ii) each monthly loan payment during the 
                        covered period that is due before the date that 
                        is 90 days after the date of enactment of this 
                        Act and has not been paid before such date; and
                            (iii) the total amount of the monthly loan 
                        payments that are suspended as a result of a 
                        qualifying emergency pursuant to section 3513 
                        of the CARES Act (20 U.S.C. 1001 note) or at 
                        the direction of the Secretary of Education, 
                        determined by calculating the sum of the 
                        amounts of each monthly loan payment that would 
                        have been due during the covered period if 
                        monthly loan payments were not suspended.
                    (B) The Secretaries concerned shall provide 
                forgiveness in accordance with subparagraph (B) of 
                subsection (a)(2) for the total amount of monthly loan 
                payments during the period beginning on January 31, 
                2020, and ending on the date that is 90 days after the 
                date of enactment of this Act, that have been paid by 
                the borrower on or before the termination of such 
                period.
    (c) Consideration of Payments.--Notwithstanding any other provision 
of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the 
Secretary of Education shall deem each month for which a loan payment 
was forgiven under this section as if the borrower of the loan had made 
a payment for the purpose of any loan forgiveness program or loan 
rehabilitation program authorized under part B or D of title IV of the 
Higher Education Act of 1965 (20 U.S.C. 1071 et seq.; 1087a et seq.) 
for which the borrower would have otherwise qualified.
    (d) Exclusion From Taxable Income.--The qualified loan amount of a 
borrower that is forgiven under this section, including through 
reimbursement pursuant to subsection (a)(2)(B), shall not be included 
in the gross income of the borrower for purposes of the Internal 
Revenue Code of 1986.

SEC. 3. COORDINATED PROGRAM REQUIREMENTS.

    The Secretaries concerned shall jointly develop the program 
required under section 2, and shall coordinate and consult with one 
another in carrying out such program to ensure that--
            (1) borrowers with outstanding eligible Federal student 
        loans and borrowers with outstanding eligible private student 
        loans are notified of the availability of student loan 
        forgiveness under this Act;
            (2) frontline health care workers who are borrowers of both 
        eligible Federal student loans and eligible private student 
        loans may apply for loan forgiveness of both Federal and 
        private student loans under section 2 with submission of only 
        one application;
            (3) determinations of eligibility are uniform and 
        consistent, regardless of whether the frontline health care 
        worker is a borrower of eligible Federal student loans, 
        eligible private student loans, or both; and
            (4) such program is made available to any frontline health 
        care worker (including a worker who does not meet the 
        definition of frontline health care worker solely because such 
        worker did not complete at least 3 months of full-time service 
        (or the equivalent) prior to death) who was a borrower of 
        eligible Federal student loans, eligible private student loans, 
        or both, and who died as a result of the coronavirus, to 
        relieve the family and estate of such deceased worker of the 
        burden of the student loan obligation of the such deceased 
        worker.

SEC. 4. NOTICE OF AVAILABILITY OF LOAN FORGIVENESS.

    (a) Notice to the Public.--Not later than 15 days after the date of 
enactment of this Act, the Secretaries concerned, in consultation with 
institutions of higher education and lenders and holders of Federal 
student loans and private education loans, shall take such actions as 
may be necessary to ensure that borrowers who have outstanding eligible 
Federal student loans, outstanding eligible private student loans, or 
both, are aware of the student loan forgiveness program authorized by 
this Act. Such information shall--
            (1) be presented in a form that is widely available to the 
        public, especially to borrowers with eligible Federal student 
        loans, eligible private student loans, or both, and to 
        frontline health care workers;
            (2) be easily understandable; and
            (3) clearly notify borrowers that to be considered for loan 
        forgiveness under this Act, borrowers must submit an 
        application to the Secretaries concerned, and must do so during 
        the application period described in section 5.
    (b) Notice in Federal Loans Statements.--With each billing 
statement sent to a borrower during the two-year period beginning on 
the 15th day after the date of enactment of this Act, the Secretary of 
Education shall include, and shall require each holder of eligible 
Federal student loans to include, a notice informing the borrower of 
the availability of the student loan forgiveness program for frontline 
health care workers under this Act, including where to find information 
about how to qualify as a frontline health care worker, how to apply to 
such program, the types of Federal and private loans that are eligible 
for forgiveness, and the application deadline for such program.
    (c) Notice in Private Loans Statements.--Section 128(e) of the 
Truth in Lending Act (15 U.S.C. 1638(e)) is amended by adding at the 
end the following new paragraph:
            ``(12) Notice required along with billing statements.--With 
        each billing statement sent to the borrower during the two-year 
        period beginning on the 15th day after the date of enactment of 
        the Frontline Health Care Worker Student Loan Assistance Act of 
        2020, the private educational lender shall include a notice 
        informing the borrower of the availability of the student loan 
        forgiveness program for frontline health care workers under the 
        Frontline Health Care Worker Student Loan Assistance Act of 
        2020, including where to find information about how to qualify 
        as a frontline health care worker, how to apply to such 
        program, the types of Federal and private loans that are 
        eligible for forgiveness, and the application deadline for such 
        program.''.

SEC. 5. APPLICATION AND DETERMINATION OF ELIGIBILITY.

    (a) Application Period.--An individual may apply for loan 
forgiveness under section 2 by submitting an application to the 
Secretaries concerned during the period that begins on the date that is 
60 days after the date of enactment of this Act and that ends on the 
date that is 2 years after the end of the covered period.
    (b) Determination of Eligibility.--
            (1) Development of application.--Not later than 45 days 
        after the date of enactment of this Act, the Secretaries 
        concerned shall jointly, in consultation with the Secretary of 
        Health and Human Services and the Intergovernmental Working 
        Group (in accordance with section 6), develop one application 
        for borrowers of both eligible Federal student loans and 
        eligible private student loans to apply for loan forgiveness 
        under this Act.
            (2) Application requirements.--The application required 
        under paragraph (1) may only include such information as is 
        necessary for the Secretaries concerned to--
                    (A) make a determination of whether the applicant--
                            (i) is a frontline health care worker; and
                            (ii) is a borrower of an eligible Federal 
                        student loan, an eligible private student loan, 
                        or both; and
                    (B) determine the qualified loan amount of the 
                applicant, if the application is approved, including 
                the amount described in section 2(b)(2)(B).
            (3) Determination.--Not later than 30 days after the date 
        on which the Secretaries concerned receive an application from 
        an individual in accordance with this Act, the Secretaries 
        concerned shall--
                    (A) confirm that such individual is a frontline 
                health care worker who is a borrower of an eligible 
                Federal student loan, an eligible private student loan, 
                or both, then notify the individual of such 
                confirmation, and grant the individual loan forgiveness 
                in accordance with section 2; or
                    (B) determine that such individual is not a 
                frontline health care worker who is a borrower of an 
                eligible Federal student loan, an eligible private 
                student loan, or both, then deny such application, and 
                provide a notification to the individual that 
                includes--
                            (i) that the application was denied;
                            (ii) the reason for such denial; and
                            (iii) if the application was denied because 
                        the Secretaries concerned determined that the 
                        applicant was not a frontline health care 
                        worker, an explanation that the individual may 
                        appeal the denial to the Intergovernmental 
                        Working Group within 30 days of the date of 
                        such denial, and information on how the 
                        applicant may submit such an appeal.
            (4) Treatment after successful appeal.--In the case that an 
        individual appeals the denial of an application to the 
        Intergovernmental Working Group in accordance with section 6, 
        and the individual is determined by the Intergovernmental 
        Working Group to be a frontline health care worker, the 
        Secretaries concerned shall grant the individual loan 
        forgiveness in accordance with section 2 not later than 30 days 
        after the Secretaries concerned are notified of the outcome of 
        the appeal by the Intergovernmental Working Group.

SEC. 6. INTERGOVERNMENTAL WORKING GROUP.

    (a) Establishment.--Not later than 30 days after the date of the 
enactment of this Act, the Secretaries concerned and the Secretary of 
Health and Human Services shall jointly establish an Intergovernmental 
Working Group to assist, in accordance with this section, with the 
administration of the program required under this Act.
    (b) Membership.--The Intergovernmental Working Group shall have 9 
members, of whom--
            (1) five members shall be selected by the Secretary of 
        Health and Human Services from employees of the Department of 
        Health and Human Services who are knowledgeable concerning the 
        education, training, employment, and medical practices of 
        health care professionals and the health care workforce;
            (2) two members shall be selected by the Secretary of 
        Education from employees of the Department of Education who are 
        knowledgeable concerning eligible Federal student loans and the 
        administration of such loans; and
            (3) two members shall be selected by the Secretary of the 
        Treasury from employees of the Department of the Treasury who 
        are knowledgeable concerning eligible private student loans, 
        the administration of such loans, and private educational 
        lenders.
    (c) Duties.--The Intergovernmental Working Group established under 
this section shall--
            (1) develop a procedure or list of requirements, including 
        a list of the information an individual needs to provide for 
        the Secretaries concerned, to determine whether an individual 
        has made significant contributions to the medical response to 
        the qualifying emergency for purposes of determining whether 
        the individual is a frontline health care worker as defined in 
        section 9(6)(B);
            (2) not later than 10 days after the date on which the 
        Council is established, report the information described in 
        paragraph (1) to the Secretaries concerned for inclusion in the 
        application developed in accordance with section 5(b)(1);
            (3) not later than 60 days after the date on which the 
        Council is established, develop a process by which--
                    (A) an applicant who is denied loan forgiveness 
                under this Act by the Secretaries concerned because of 
                a determination that the applicant is not a frontline 
                health care worker may, within 30 days of the date of 
                such denial, submit an appeal of such denial to the 
                Intergovernmental Working Group; and
                    (B) the Intergovernmental Working Group will review 
                the appeal and make a determination with respect to 
                whether the applicant is a frontline health care 
                worker; and
            (4) upon the request for an appeal by an applicant 
        described in paragraph (3), using the appeals process developed 
        under such paragraph, determine within 30 days after submission 
        of the appeal by the applicant, whether the applicant is a 
        frontline health care worker, and notify the Secretaries 
        concerned and the applicant of the outcome of such appeal 
        within 15 days of such determination.

SEC. 7. REGULATIONS; WAIVERS.

    (a) Regulations.--The Secretaries concerned are authorized to issue 
such regulations as may be necessary to carry out this Act.
    (b) Waivers.--In carrying out this Act, the Secretaries concerned 
may waive the application of--
            (1) subchapter I of chapter 35 of title 44, United States 
        Code (commonly known as the ``Paperwork Reduction Act'');
            (2) the master calendar requirements under section 482 of 
        the Higher Education Act of 1965 (20 U.S.C. 1089);
            (3) negotiated rulemaking under section 492 of the Higher 
        Education Act of 1965 (20 U.S.C. 1098a); and
            (4) the requirement to publish the notices related to the 
        system of records of the agency before implementation required 
        under paragraphs (4) and (11) of section 552a(e) of title 5, 
        United States Code (commonly known as the ``Privacy Act of 
        1974''), except that the notices shall be published not later 
        than 180 days after the date of enactment of this Act.

SEC. 8. TERMINATION OF AUTHORITY.

    The authority of the Secretaries concerned to carry out the loan 
forgiveness program under section 2, and the authority of the 
Intergovernmental Working Group to carry out the activities authorized 
under section 6, shall cease on the date that is 180 days after the end 
date of the application period described in section 5(a).

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Coronavirus.--The term ``coronavirus'' has the meaning 
        given the term in section 506 of the Coronavirus Preparedness 
        and Response Supplemental Appropriations Act, 2020 (Public Law 
        116-123).
            (2) Covered period.--The term ``covered period'' means the 
        period that begins on January 31, 2020, and ends on the date 
        that is 60 days after the date of the expiration of the public 
        health emergency with respect to COVID-19 declared by the 
        Secretary of Health and Human Services under section 319 of the 
        Public Health Service Act (42 U.S.C. 247d) on January 31, 2020.
            (3) COVID-related health care services.--The term ``COVID-
        related health care services'' means any health care services 
        that relate to--
                    (A) the diagnosis, prevention, or treatment of the 
                coronavirus, including through telehealth services;
                    (B) the assessment or care of the health of a human 
                being related to an actual or suspected case of the 
                coronavirus, including through telehealth services; or
                    (C) patient care in a setting where there is a 
                reasonable expectation of risk of exposure to the 
                coronavirus.
            (4) Eligible federal student loan.--The term ``eligible 
        Federal student loan'' means any loan made, insured, or 
        guaranteed under part B, part D, or part E of title IV of the 
        Higher Education Act of 1965 before the date of enactment of 
        this Act, including--
                    (A) a consolidation loan under such title; and
                    (B) a loan made to the parent of a dependent 
                student under section 428B of such Act (20 U.S.C. 1078-
                2), and a Federal Direct PLUS Loan made to the parents 
                of a dependent student, only if the dependent student 
                on whose behalf such loan was made is a frontline 
                health care worker.
            (5) Eligible private student loan.--The term ``eligible 
        private student loan'' means a private education loan, as 
        defined in section 140(a) of the Truth in Lending Act (15 
        U.S.C. 1650(a)), that was expressly for the cost of attendance 
        (as defined in section 472) at an institution of higher 
        education participating in a loan program under part B, part D, 
        or part E of title IV of the Higher Education Act of 1965 (20 
        U.S.C. 1070 et seq.), as of the date that the loan was 
        disbursed, and that was made before the date of enactment of 
        this Act.
            (6) Frontline health care worker.--The term ``frontline 
        health care worker'' means an individual who, during the 
        qualifying emergency, for a period of not less than 3 months of 
        full-time service (or the part-time equivalent), in exchange 
        for payment or as a volunteer--
                    (A) is--
                            (i) a doctor, medical resident, medical 
                        intern, medical fellow, nurse, home health care 
                        worker, mental health professional, or other 
                        health care professional who is licensed, 
                        registered, or certified under Federal or State 
                        law to provide health care services and who 
                        provides COVID-related health care services;
                            (ii) a student enrolled at an institution 
                        of higher education in a medical, nursing, or 
                        other relevant health care program of study who 
                        provides COVID-related health care services;
                            (iii) a laboratory worker who conducts, 
                        evaluates, or analyzes coronavirus testing;
                            (iv) a medical researcher who conducts 
                        research related to the prevention, treatment, 
                        or cure of the coronavirus; or
                            (v) an emergency medical services worker 
                        who responds to health emergencies or 
                        transports patients to hospitals or other 
                        medical facilities; or
                    (B) does not meet the requirements of any of the 
                clauses under subparagraph (A), but is a health care 
                professional who is licensed, registered, or certified 
                under Federal or State law to provide health care and 
                has made significant contributions to the medical 
                response to the qualifying emergency.
            (7) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
            (8) Private educational lender.--The term ``private 
        educational lender'' has the meaning given the term in section 
        140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)).
            (9) Qualifying emergency.--The term ``qualifying 
        emergency'' means--
                    (A) the public health emergency with respect to 
                COVID-19 declared by the Secretary of Health and Human 
                Services under section 319 of the Public Health Service 
                Act (42 U.S.C. 247d) on January 31, 2020;
                    (B) an event related to the coronavirus for which--
                            (i) the President declared a major disaster 
                        or an emergency under section 401 or 501, 
                        respectively, of the Robert T. Stafford 
                        Disaster Relief and Emergency Assistance Act 
                        (42 U.S.C. 5170 and 5191); or
                            (ii) the governor of a State or territory 
                        of the United States declared an emergency; or
                    (C) a national emergency related to the coronavirus 
                declared by the President under section 201 of the 
                National Emergencies Act (50 U.S.C. 1601 et seq.).
            (10) Secretaries concerned.--The term ``Secretaries 
        concerned'' means--
                    (A) the Secretary of Education, with respect to 
                eligible Federal student loans and borrowers of such 
                loans; and
                    (B) the Secretary of the Treasury, with respect to 
                eligible private student loans and borrowers of such 
                loans.
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