II 

118TH CONGRESS 

1ST SESSION S. 2872 

To defer student loan payments for survivors of sex-based harassment. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 20, 2023 

Mr. FETTERMAN (for himself, Mr. BOOKER, Mr. DURBIN, Ms. HIRONO, and 

Mrs. SHAHEEN) introduced the following bill; which was read twice and 

referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To defer student loan payments for survivors of sex-based 

harassment. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DEFERMENT FOR VICTIMS OF SEX-BASED HAR4 ASSMENT. 

5 Section 455(f) of the Higher Education Act of 1965 

6 (20 U.S.C. 1087e(f)) is amended— 

7 (1) in paragraph (2)— 

8 (A) by striking ‘‘or’’ at the end of subpara9 graph (C); 


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1 (B) by striking the period at the end of 

2 subparagraph (D) and inserting ‘‘; or’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(E) not in excess of 3 years (for 1 or 

5 more periods of not less than 3 months and not 

6 more than 12 months), beginning on the date 

7 on which the borrower— 

8 ‘‘(i) ceases to carry at least one-half 

9 the normal full-time work load for the 

10 course of study that the borrower is pur11 suing, as determined by the eligible institu12 tion (as such term is defined in section 

13 435(a)) the borrower is attending; and 

14 ‘‘(ii) submits documentation to the 

15 Secretary showing that the borrower re16 ported to a covered individual that the bor17 rower was a victim of sex-based harass18 ment (regardless of whether institutional 

19 findings were made regarding that harass20 ment).’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(6) DEFINITIONS REGARDING SEX-BASED

23 HARASSMENT.—For purposes of paragraph (2)(E)— 

24 ‘‘(A) the term ‘covered individual’ means— 


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1 ‘‘(i) the title IX coordinator at the in2 stitution (within the meaning of section 

3 106.8 of title 34, Code of Federal Regula4 tions, or successor regulations); 

5 ‘‘(ii) another title IX official or ad6 ministrator at the institution; or 

7 ‘‘(iii) a health care provider; and 

8 ‘‘(B) the term ‘sex-based harassment’ 

9 means— 

10 ‘‘(i) sexual harassment, as defined in 

11 paragraph (1) or (2) of section 106.30(a) 

12 of title 34, Code of Federal Regulations 

13 (as in effect on September 30, 2023); 

14 ‘‘(ii) dating violence, domestic vio15 lence, or stalking, as those terms are de16 fined in section 485(f)(6)(A)(i); or 

17 ‘‘(iii) sexual assault, as that term is 

18 defined in section 485(f)(6)(A)(v).’’. 

19 SEC. 2. RETURN OF FUNDS WAIVER. 

20 Section 484B(b)(2) of the Higher Education Act of 

21 1965 (20 U.S.C. 1091b(b)(2)) is amended by adding at 

22 the end the following: 

23 ‘‘(F) WAIVERS OF GRANT ASSISTANCE AND

24 LOAN REPAYMENT BY STUDENTS WHO ARE VIC25 TIMS OF SEX-BASED HARASSMENT.—In addiVerDate Sep 11 2014 02:11 Sep 23, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2872.IS S2872

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1 tion to the waivers authorized by subparagraphs 

2 (D) and (E), the Secretary may waive the 

3 amounts that students are required to return 

4 under this section with respect to any grant as5 sistance (including Federal Pell Grants) or 

6 loans made under this title if the withdrawals 

7 on which the returns are based are withdrawals 

8 by students— 

9 ‘‘(i) whose attendance was interrupted 

10 due to being a victim of sex-based harass11 ment (as such term is defined in section 

12 455(f)(6)); and 

13 ‘‘(ii) in the case of students who, in 

14 the absence of this subparagraph, would 

15 have been required to return loans made 

16 under this title, who are receiving a 

17 deferment under section 455(f)(2)(E) on 

18 such loans.’’. 

19 SEC. 3. REPORT TO CONGRESS. 

20 Not later than 5 years after the date of enactment 

21 of this Act, the Secretary of Education shall prepare and 

22 submit to Congress a report that includes an evaluation 

23 of the effectiveness of the activities established under this 

24 Act, and the amendments made by this Act, including op25 portunities for increased program integrity. 


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