117 HR 6792 IH: PSLF Administrative Improvements Act
U.S. House of Representatives
2023-12-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 6792
IN THE HOUSE OF REPRESENTATIVES
December 14, 2023
Mr. Boyle of Pennsylvania (for himself and Mr. Joyce of Ohio) introduced the following bill; which was referred to the Committee on Education and the Workforce
A BILL
To amend the public service loan forgiveness program under the Higher Education Act of 1965 to require an on-line portal, and for other purposes.
1.

Short title
This Act may be cited as the “PSLF Administrative Improvements Act”.
2.

Additional public service loan forgiveness program requirements for the Secretary of Education
Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended by adding at the end the following:
“(5)

Database of public service jobs
(A)

In general
Not later than 18 months after the date of enactment of the PSLF Administrative Improvements Act, the Secretary of Education, in conjunction with the Secretary of Labor, shall—
(i)
establish and regularly update a publicly accessible database of public service employers, which shall include information required for the process for completion of the employment certifications forms required under this subsection; and
(ii)
ensure that such employment certification forms are available in languages other than English.
(B)

Definitions
For purposes of this subsection:
(i)

Public service employer
The term public service employer has the meaning given the term public service organization in section 685.219(b) of title 34, Code of Federal Regulations (or successor regulations).
(ii)

TEPSLF program
The term TEPSLF program means the Temporary Expanded Public Service Loan Forgiveness program carried out by the Department of Education, including the program carried out under section 311 of division H of the Consolidated Appropriations Act, 2022 (Public Law 117–103).
(6)

Notice of PSLF requirements
(A)

Employers
With respect to each employer whose contact information is maintained in the database described in paragraph (5), the Secretary shall, on an annual basis and in a manner that is consistent with Federal laws on data privacy—
(i)
provide each such employer with standardized information on the program under this subsection, including eligibility requirements;
(ii)
encourage the employer to provide such information to new employees; and
(iii)
in the case of an employer that is likely to be subject to a determination by the Secretary that the employer is failing to meet the definition of public service employer—
(I)
notify such employer that such a determination is likely, prior to such determination; and
(II)
provide the employer an opportunity to make changes in order to avoid such determination, and if applicable, an opportunity to appeal such determination.
(B)

Institutions of higher education
With respect to each institution of higher education participating in any program under this title, the Secretary shall, on an annual basis, provide each such institution with standardized information on the program under this subsection, including eligibility requirements.
(C)

Borrowers
With respect to each borrower who was denied loan cancellation under this subsection, the Secretary shall—
(i)
without any further action by the borrower and subject to the limitation on total loan volume specified under the TEPSLF program and the availability of appropriations for such section 315, determine whether the borrower qualifies for the loan cancellation program under the TEPSLF, and if so, cancel the borrower’s loans in accordance with such program; and
(ii)
in a case in which a borrower’s loans were not cancelled under clause (i), notify the borrower of other options (such as loan consolidation) to qualify for loan cancellation under this subsection, and how to successfully pursue such options.
(7)

Data matching agreements
(A)

In general
The Secretary shall enter into data matching agreements with relevant Federal agencies who possess records about the status of borrowers of loans made under this part as employees of public service employers for the purpose of eliminating, to the extent practicable, the need for a borrower or an employer to submit a certification of employment to the Secretary.
(B)

Specific Federal agencies
Notwithstanding any Federal law, the Secretary of Labor, the Commissioner of Internal Revenue, 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 subparagraph (A).
(C)

Notice to borrowers
If the Secretary receives employer or employment information regarding a borrower from a Federal agency pursuant to this paragraph, the Secretary shall timely notify the borrower that—
(i)
the Secretary received the information; and
(ii)
the borrower, for the duration of the borrower's employment by the employer—
(I)
is not required to submit a certification of employment for the employer under paragraph (8); or
(II)
if the information is not complete, only needs to submit a reduced set of information to the Secretary for the certification of employment.
(8)

On-line portal
(A)

Borrowers
Not later than 18 months after the date of enactment of the PSLF Administrative Improvements Act, the Secretary shall ensure that borrowers have access to an on-line portal, integrated with the Federal Student Aid dashboard (or any successor dashboard or similar website) that provides each borrower who signs on to such portal with the following:
(i)
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.
(ii)
An identification of the loans of the borrower that are eligible Federal Direct Loans.
(iii)
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.
(iv)
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 what, if anything, the borrower may do to make the loan so eligible.
(v)
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.
(vi)
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) or with respect to a determination that a loan is not eligible pursuant to clause (iv)—
(I)
an ability for the borrower to file a claim with the Secretary to dispute such determination through the portal; and
(II)
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.
(B)

Employers
The Secretary shall ensure that an employer of a borrower has the ability to electronically sign and submit any forms associated with loan cancellation under this subsection.
(C)

Information
The Secretary shall ensure that any information provided through the on-line portal described in this paragraph—
(i)
is up-to-date information; and
(ii)
that such information is also provided in a written-format through email or regular mail, if so requested by the borrower or employer.
(9)

Standard procedures
Not later than 180 days after the date of enactment of the PSLF Administrative Improvements Act, the Secretary shall develop and make publicly available the procedures the Secretary (including the contractors and servicers involved) uses to determine whether a borrower meets the requirements for loan cancellation under this subsection.
(10)

Annual report
The Secretary shall submit to the authorizing committees, an annual report with respect to the preceding fiscal year, on—
(A)
the number of borrowers who received loan cancellation under this subsection, and the number of such borrowers whose application for such loan cancellation had been previously rejected, disaggregated by each category of public service job listed in the employment certification form required under this subsection;
(B)
the number of borrowers whose application for loan cancellation under this subsection was rejected, and a description of why each such application was so rejected, disaggregated by each category of public service job described in subparagraph (A);
(C)
the number of borrowers whose application for loan cancellation under this subsection had been rejected and who contacted the Secretary to determine how to qualify for such loan cancellation or loan cancellation under the TEPSLF program;
(D)
each reason why a payment made on an eligible Federal Direct Loan did not qualify as one of the 120 monthly payments under paragraph (1)(A);
(E)
the number of borrowers employed by an employer that—
(i)
is not an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and
(ii)
was determined to meet the definition of public service employer; and
(F)
the number of borrowers employed by an employer described in subparagraph (E)(i) that was determined to not meet the definition of public service employer.”.
3.

Clarification of TEPSLF
A borrower may qualify for loan forgiveness under the Temporary Expanded Public Service Loan Forgiveness program carried out by the Department of Education, including the program carried out under section 311 of division H of the Consolidated Appropriations Act, 2022 (Public Law 117–103), without regard to whether the borrower’s application for loan cancellation under section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)), as amended by this Act, is rejected.