I 

118TH CONGRESS 

1ST SESSION H. R. 644 

To protect borrowers of Federal student loans during the transition period 

following the end of the COVID–19 student loan repayment pause, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 31, 2023 

Ms. BONAMICI (for herself, Mrs. MCBATH, Ms. WILD, Ms. NORTON, Ms. WILSON of Florida, Mr. CARSON, Mr. VARGAS, Mr. CLEAVER, Mr. DAVIS of 

Illinois, Mr. EVANS, Mr. THOMPSON of California, Ms. TITUS, Mr. 

TAKANO, Mr. COURTNEY, and Ms. SALINAS) introduced the following bill; 

which was referred to the Committee on Education and the Workforce 

A BILL 

To protect borrowers of Federal student loans during the 

transition period following the end of the COVID–19 

student loan repayment pause, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Student Loan Bor5 rower Safety Net Act of 2023’’. 


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1 SEC. 2. EXTENSION OF APPLICATION AND RECERTIFI2 CATION DEADLINE. 

3 (a) IN GENERAL.—Section 3513 of the CARES Act 

4 (20 U.S.C. 1001 note) is amended— 

5 (1) by amending subsection (g) to read as fol6 lows: 

7 ‘‘(g) NOTICE TO BORROWERS OF COVERED LOANS

8 RELATING TO TRANSITION PERIOD.—Not later than the 

9 date that is 60 days prior to the first day on which a bor10 rower’s payment obligations on a covered loan are no 

11 longer suspended, as determined by the Secretary, the 

12 Secretary shall carry out a program to provide a total of 

13 not fewer than 6 notices through a combination of postal 

14 mail, telephone, and electronic communication to such a 

15 borrower indicating— 

16 ‘‘(1) when the borrower’s normal payment obli17 gations will resume; 

18 ‘‘(2) that the borrower may be eligible to enroll 

19 in income-driven repayment, including a brief de20 scription of the most affordable and generous in21 come-driven repayment options; and 

22 ‘‘(3) the options available to a borrower who is 

23 in default, including— 

24 ‘‘(A) the option to participate in the Fresh 

25 Start program of the Department of Education; 


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1 ‘‘(B) the option to rehabilitate or consoli2 date the borrower’s loans; and 

3 ‘‘(C) a brief description of the benefits and 

4 consequences of each option.’’; and 

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

6 ‘‘(h) PRIORITY NOTIFICATION.— 

7 ‘‘(1) IN GENERAL.—In carrying out subsection 

8 (g), the Secretary shall give priority in accordance 

9 with paragraph (2) to notifying borrowers who— 

10 ‘‘(A) during the 5-year period preceding 

11 March 31, 2020, missed a payment or pay12 ments for a period of not less than 60 days 

13 with respect to a covered loan; and 

14 ‘‘(B) in the 5 years preceding March 31, 

15 2020— 

16 ‘‘(i) missed a payment in the first 3 

17 months of entering repayment with respect 

18 to such a covered loan; 

19 ‘‘(ii) entered into a non-administrative 

20 forbearance or a economic hardship 

21 deferment with respect to such a covered 

22 loan— 

23 ‘‘(I) on 2 or more occasions; or 

24 ‘‘(II) for a period of longer than 

25 1 year; 


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1 ‘‘(iii) were enrolled and subsequently 

2 unenrolled, or changed to less-than-half3 time enrollment status, more than twice 

4 after entering repayment with respect to 

5 such a covered loan; 

6 ‘‘(iv) defaulted on such a covered 

7 loan; or 

8 ‘‘(v) on 3 or more occasions, missed 

9 two or more consecutive payments with re10 spect to such a covered loan. 

11 ‘‘(2) PRIORITY.—In carrying out paragraph (1), 

12 the Secretary shall— 

13 ‘‘(A) notify borrowers described in such 

14 paragraph of the information specified in sub15 section (g) through at least 3 additional and 

16 subsequent notifications after the initial notifi17 cation; or 

18 ‘‘(B) carry out other evidence-based out19 reach activities that are designed to assist 

20 struggling borrowers or borrowers who were 

21 otherwise at risk for default before the COVID– 

22 19 pandemic, and report to Congress on such 

23 activities. 

24 ‘‘(i) APPLICATION OR RECERTIFICATION.— 


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1 ‘‘(1) IN GENERAL.—A borrower of a covered 

2 loan may— 

3 ‘‘(A) during the period beginning on the 

4 date of enactment of the Student Loan Bor5 rower Safety Net Act of 2023, and ending on 

6 the date that is one year after the first day on 

7 which a borrower’s payment obligations on such 

8 loan are no longer suspended, submit a written, 

9 verbal, or electronic application or reapplication 

10 for an income-driven repayment plan with re11 spect to such loan; and 

12 ‘‘(B) under an application described in 

13 subparagraph (A), self-certify the income and 

14 family size of such borrower. 

15 ‘‘(2) CHANGE OF REPAYMENT PLANS.—With 

16 respect to a covered loan, in the case of a borrower 

17 of such a loan who opts to change the repayment 

18 plan in which such borrower was enrolled on the 

19 date of the enactment of this section— 

20 ‘‘(A) no fee or payment shall be required 

21 during the period in which it takes such bor22 rower to become enrolled in such repayment 

23 plan; and 

24 ‘‘(B) before the borrower selects a new re25 payment plan, the Secretary shall notify the 


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1 borrower of the most affordable and generous 

2 repayment plan available to the borrower. 

3 ‘‘(3) ECONOMIC HARDSHIP.— 

4 ‘‘(A) IN GENERAL.—A borrower of a cov5 ered loan who, due to an economic hardship, is 

6 unable to make payments with respect to such 

7 loan on or after the first day on which the bor8 rower’s payment obligations on such loan are no 

9 longer suspended, may apply to the Secretary 

10 for an economic hardship deferment for the pe11 riod beginning on the date of enactment of the 

12 Student Loan Borrower Safety Net Act of 2023 

13 and ending on the date that is one year after 

14 the first day on which the borrower’s payment 

15 obligations on such loan are no longer sus16 pended. To apply for such a deferment, a bor17 rower shall submit a written, verbal, or elec18 tronic certification of such economic hardship to 

19 the Secretary. 

20 ‘‘(B) NOTIFICATION.—The Secretary and 

21 any other servicer of a covered loan shall notify 

22 borrowers who miss a payment on such a loan 

23 of the availability of— 


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1 ‘‘(i) income-driven repayment plans 

2 available in accordance with paragraph (1); 

3 and 

4 ‘‘(ii) an economic hardship deferment 

5 under this paragraph. 

6 ‘‘(C) TREATMENT OF BORROWER WITH

7 ECONOMIC HARDSHIP.—In the case of a bor8 rower who submits certification of an economic 

9 hardship under subparagraph (A), the Sec10 retary shall treat such borrower in the same 

11 manner as a borrower with an economic hard12 ship under section 435(o) of the Higher Edu13 cation Act of 1965 (20 U.S.C. 1085(o)). 

14 ‘‘(j) MISSED PAYMENTS.—In the case of a borrower 

15 of a covered loan who misses a payment or payments on 

16 such a loan for the 60-day period beginning on the first 

17 day on which the borrower’s payment obligations on such 

18 loan are no longer suspended, the Secretary or the holder 

19 of a loan described in subsection (k)(2) shall— 

20 ‘‘(1) hold such loan in administrative forbear21 ance for a 90-day period beginning on the date that 

22 is 60 days after the first day on which the bor23 rower’s payment obligations on such loan are no 

24 longer suspended; and 


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1 ‘‘(2) contact such borrower on at least 6 sepa2 rate occasions regarding the information included in 

3 subsection (g). 

4 ‘‘(k) COVERED LOAN.—In this section, the term ‘cov5 ered loan’ means— 

6 ‘‘(1) a loan described in subsection (a); or 

7 ‘‘(2) a loan— 

8 ‘‘(A) made, insured, or guaranteed under 

9 part B of title IV of the Higher Education Act 

10 of 1965 (20 U.S.C. 1071 et seq.); and 

11 ‘‘(B) for which payments were sus12 pended— 

13 ‘‘(i) pursuant to the Higher Education 

14 Relief Opportunities for Students Act of 

15 2003 (Public Law 108–76; 20 U.S.C. 1070 

16 note); and 

17 ‘‘(ii) during a qualifying emergency.’’. 

Æ 


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