I 
116TH CONGRESS 
2D SESSION 
H. R. 6316 
To provide relief for Federal and private student loan borrowers during 
the COVID–19 pandemic, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 23, 2020 
Ms. DEAN 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 deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To provide relief for Federal and private student loan bor-
rowers during the COVID–19 pandemic, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency Relief for 
Student Borrowers Act of 2020’’. 
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SEC. 2. PAYMENTS FOR FEDERAL STUDENT LOAN BOR-
ROWERS AS A RESULT OF A NATIONAL EMER-
GENCY. 
(a) IN GENERAL.—Part G of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1088 et seq.) is amend-
ed by inserting after section 493D the following: 
‘‘SEC. 493E. PAYMENTS FOR STUDENT LOAN BORROWERS 
DURING THE COVID–19 NATIONAL EMER-
GENCY. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CORONAVIRUS.—The term ‘coronavirus’ 
has the meaning given the term in section 506 of the 
Coronavirus Preparedness and Response Supple-
mental Appropriations Act, 2020 (Public Law 116– 
123). 
‘‘(2) INCOME-DRIVEN REPAYMENT.—The term 
‘income-driven repayment’ means— 
‘‘(A) income-based repayment authorized 
under section 493C for loans made, insured, or 
guaranteed under part B or part D; or 
‘‘(B) income contingent repayment author-
ized under section 455(e) for loans made under 
part D. 
‘‘(3) INVOLUNTARY
COLLECTION.—The term 
‘involuntary collection’ means— 
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‘‘(A) a wage garnishment authorized under 
section 488A of this Act or section 3720D of 
title 31, United States Code; 
‘‘(B) a reduction of tax refund by amount 
of debt authorized under section 3720A of title 
31, United States Code; 
‘‘(C) a reduction of any other Federal ben-
efit payment by administrative offset authorized 
under section 3716 of title 31, United States 
Code (including a benefit payment due to an in-
dividual under the Social Security Act or any 
other 
provision 
described 
in 
subsection 
(c)(3)(A)(i) of such section); and 
‘‘(D) any other involuntary collection activ-
ity. 
‘‘(4) COVID–19 
EMERGENCY
PERIOD.—For 
purposes of this Act, the term ‘COVID–19 emer-
gency period’ means the period that begins upon the 
date of the enactment of this Act and ends upon the 
date of the termination by the Federal Emergency 
Management Administration of the emergency de-
clared on March 13, 2020, by the President under 
the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 4121 et seq.) relat-
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ing to the Coronavirus Disease 2019 (COVID–19) 
pandemic. 
‘‘(b) COVID–19 NATIONAL EMERGENCY STUDENT 
LOAN REPAYMENT ASSISTANCE.— 
‘‘(1) AUTHORITY.—Effective on the date of the 
enactment of this section, during the COVID–19 
emergency period and the 6-month period imme-
diately following, the Secretary of Education shall 
for each borrower of a loan made, insured, or guar-
anteed under part B, D, or E, pay the total amount 
due for such month on the loan, based on the pay-
ment plan selected by the borrower or the borrower’s 
loan status. 
‘‘(2) NO CAPITALIZATION OF INTEREST.—With 
respect to any loan in repayment during the 
COVID–19 national emergency period and the 6- 
month period immediately following, interest due on 
loans made, insured, or guaranteed under part B, D, 
or E during such period shall not be capitalized at 
any time during the COVID–19 national emergency 
period and the 6-month period immediately fol-
lowing. 
‘‘(3) APPLICABILITY OF PAYMENTS.—Any pay-
ment made by the Secretary of Education under this 
section shall be considered by the Secretary of Edu-
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cation, or by a lender with respect to a loan made, 
insured, or guaranteed under part B— 
‘‘(A) as a qualifying payment under the 
public service loan forgiveness program under 
section 455(m), if the borrower would otherwise 
qualify under such section; 
‘‘(B) in the case of a borrower enrolled in 
an income-driven repayment plan, as a quali-
fying payment for the purpose of calculating eli-
gibility for loan forgiveness for the borrower in 
accordance with section 493C(b)(7) or section 
455(d)(1)(D), as the case may be; and 
‘‘(C) in the case of a borrower in default, 
as an on-time monthly payment for purposes of 
loan rehabilitation pursuant to section 428F(a). 
‘‘(4) REPORTING
TO
CONSUMER
REPORTING 
AGENCIES.—During the period in which the Sec-
retary of Education is making payments on a loan 
under paragraph (1), the Secretary shall ensure 
that, for the purpose of reporting information about 
the loan to a consumer reporting agency, any pay-
ment made by the Secretary is treated as if it were 
a regularly scheduled payment made by a borrower. 
‘‘(5) NOTICE OF PAYMENTS AND PROGRAM.— 
Not later than 15 days following the date of enact-
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Secretary, or a lender or guaranty agency for a loan 
made under part B, shall grant the borrower for-
bearance as follows: 
‘‘(A) A temporary cessation of all pay-
ments on the loan other than the payments of 
interest and principal on the loan that are made 
under paragraph (1). 
‘‘(B) For borrowers who are delinquent 
but who are not yet in default before the date 
on which the Secretary begins making payments 
under paragraph (1), the retroactive application 
of forbearance to address any delinquency.’’. 
(b) FFEL AMENDMENT.—Section 428(c)(8) of the 
Higher Education Act of 1965 (20 U.S.C. 1078(c)(8)) is 
amended by striking ‘‘and for which’’ and all that follows 
through ‘‘this subsection’’. 
SEC. 3. PAYMENTS FOR PRIVATE EDUCATION LOAN BOR-
ROWERS AS A RESULT OF THE COVID–19 NA-
TIONAL EMERGENCY. 
Section 140 of the Truth in Lending Act (15 U.S.C. 
1650) is amended by adding at the end the following new 
subsection: 
‘‘(h) COVID–19 NATIONAL EMERGENCY PRIVATE 
EDUCATION LOAN REPAYMENT ASSISTANCE.— 
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‘‘(1) AUTHORITY.—Effective on the date of the 
enactment of this section, for the duration of the 
COVID–19 emergency period and the 6-month pe-
riod immediately following, the Secretary of the 
Treasury shall, for each borrower of a private edu-
cation loan, pay the total amount due for such 
month on the loan, based on the payment plan se-
lected by the borrower or the borrower’s loan status. 
‘‘(2) NO CAPITALIZATION OF INTEREST.—With 
respect to any loan in repayment during the 
COVID–19 national emergency period and the 6- 
month period immediately following, interest due on 
a private education loan during such period shall not 
be capitalized at any time during the COVID–19 na-
tional emergency period and the 6-month period im-
mediately following. 
‘‘(3) REPORTING
TO
CONSUMER
REPORTING 
AGENCIES.—During the period in which the Sec-
retary of the Treasury is making payments on a 
loan under paragraph (1), the Secretary shall ensure 
that, for the purpose of reporting information about 
the loan to a consumer reporting agency, any pay-
ment made by the Secretary is treated as if it were 
a regularly scheduled payment made by a borrower. 
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‘‘(4) NOTICE OF PAYMENTS AND PROGRAM.— 
Not later than 15 days following the date of enact-
ment of this subsection, and monthly thereafter dur-
ing the COVID–19 national emergency period and 
the 6-month period immediately following, the Sec-
retary of the Treasury shall provide a notice to all 
borrowers of private education loans— 
‘‘(A) informing borrowers of the actions 
taken under this subsection; 
‘‘(B) providing borrowers with an easily 
accessible method to opt out of the benefits pro-
vided under this subsection; and 
‘‘(C) notifying the borrower that the pro-
gram under this subsection is a temporary pro-
gram and will end 6 months after the COVID– 
19 national emergency period ends. 
‘‘(5) SUSPENSION
OF
INVOLUNTARY
COLLEC-
TION.—During the COVID–19 national emergency 
period and the 6-month period immediately fol-
lowing, the holder of a private education loan shall 
immediately take action to halt all involuntary col-
lection related to the loan. 
‘‘(6) MANDATORY FORBEARANCE.—During the 
period in which the Secretary of the Treasury is 
making payments on a loan under paragraph (1), 
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the servicer of such loan shall grant the borrower 
forbearance as follows: 
‘‘(A) A temporary cessation of all pay-
ments on the loan other than the payments of 
interest and principal on the loan that are made 
under paragraph (1). 
‘‘(B) For borrowers who are delinquent 
but who are not yet in default before the date 
on which the Secretary begins making payments 
under paragraph (1), the retroactive application 
of forbearance to address any delinquency. 
‘‘(7) DATA
TO
IMPLEMENT.—Holders and 
servicers of private education loans shall report, to 
the satisfaction of the Secretary of the Treasury, the 
information necessary to calculate the amount to be 
paid under this section. 
‘‘(8) COVID–19 
EMERGENCY
PERIOD
DE-
FINED.—In this subsection, the term ‘COVID–19 
emergency period’ means the period that begins 
upon the date of the enactment of this Act and ends 
upon the date of the termination by the Federal 
Emergency Management Administration of the 
emergency declared on March 13, 2020, by the 
President under the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 4121 
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et seq.) relating to the Coronavirus Disease 2019 
(COVID–19) pandemic.’’. 
SEC. 4. MINIMUM RELIEF FOR FEDERAL AND PRIVATE STU-
DENT LOAN BORROWERS AS A RESULT OF 
THE COVID–19 NATIONAL EMERGENCY. 
(a) MINIMUM STUDENT LOAN RELIEF AS A RESULT 
OF THE COVID–19 NATIONAL EMERGENCY.—Not later 
than 270 days after the last day of the COVID–19 emer-
gency period, the Secretaries concerned shall jointly carry 
out a program under which a qualified borrower, with re-
spect to the covered loans and private education of loans 
of such qualified borrower, shall receive in accordance with 
subsection (c) an amount equal to the lesser of the fol-
lowing: 
(1) The total amount of each covered loan and 
each private education loan of the borrower; or 
(2) $10,000. 
(b) NOTIFICATION OF BORROWERS.—Not later than 
270 days after the last day of the COVID–19 emergency 
period, the Secretaries concerned shall notify each quali-
fied borrower of— 
(1) the requirements to provide loan relief to 
such borrower under this section; and 
(2) the opportunity for such borrower to make 
an election under subsection (c)(1) with respect to 
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the application of such loan relief to the covered 
loans and private education loans of such borrower. 
(c) DISTRIBUTION OF FUNDING.— 
(1) ELECTION BY BORROWER.—Not later than 
45 days after a notice is sent under subsection (b), 
a qualified borrower may elect to apply the amount 
determined with respect to such borrower under sub-
section (a) to— 
(A) any covered loan of the borrower; 
(B) any private education loan of the bor-
rower; and 
(C) any combination of the loans described 
in subparagraphs (A) and (B). 
(2) AUTOMATIC PAYMENT.— 
(A) IN GENERAL.—In the case of a quali-
fied borrower who does not make an election 
under paragraph (1) before the date described 
in such paragraph, the Secretaries concerned 
shall apply the amount determined with respect 
to such borrower under subsection (a) in order 
of the covered loan or private education loan of 
the qualified borrower with the highest interest 
rate. 
(B) EQUAL INTEREST RATES.—In case of 
two or more covered loans or private education 
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loans described in subparagraph (A) with equal 
interest rates, the Secretaries concerned shall 
apply the amount determined with respect to 
such borrower under subsection (a) first to the 
loan with the highest principal. 
(d) DATA TO IMPLEMENT.— 
(1) SECRETARY
OF
EDUCATION.—Contractors 
of the Secretary of Education and lenders and guar-
anty agencies holding loans made, insured, or guar-
anteed under part B shall report, to the satisfaction 
of the Secretary of Education, the information nec-
essary to calculate the amount to be applied under 
subsection (a). 
(2) SECRETARY
OF
TREASURY.—Holders and 
servicers of private education loans shall report, to 
the satisfaction of the Secretary of the Treasury, the 
information necessary to calculate the amount to be 
applied under subsection (a). 
(e) MEMORANDUM OF UNDERSTANDING.—The Sec-
retaries concerned shall enter into a memorandum of un-
derstanding to carry out this section. 
(f) DEFINITIONS.—In this section: 
(1) COVERED LOAN.—The term ‘‘covered loan’’ 
means— 
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(A) a loan made, insured, or guaranteed 
under part B of title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1071 et seq.); 
(B) a loan made under part D of title IV 
of the Higher Education Act of 1965 (20 
U.S.C. 1087a et seq.); and 
(C) a Federal Perkins Loan made pursu-
ant to part E of title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1087aa et seq.). 
(2) COVID–19 EMERGENCY PERIOD.—For pur-
poses of this Act, the term ‘‘COVID–19 emergency 
period’’ means the period that begins upon the date 
of the enactment of this Act and ends upon the date 
of the termination by the Federal Emergency Man-
agement Administration of the emergency declared 
on March 13, 2020, by the President under the Rob-
ert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 4121 et seq.) relating to the 
Coronavirus Disease 2019 (COVID–19) pandemic. 
(3) PRIVATE
EDUCATION
LOAN.—The term 
‘‘private education loan’’ has the meaning given the 
term in section 140 of the Truth in Lending Act (15 
U.S.C. 1650). 
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(4) QUALIFIED BORROWER.—The term ‘‘quali-
fied borrower’’ means a borrower of a covered loan 
or a private education loan. 
(5) 
SECRETARIES
CONCERNED.—The 
term 
‘‘Secretaries concerned’’ means— 
(A) the Secretary of Education, with re-
spect to covered loans and borrowers of such 
covered loans; and 
(B) the Secretary of the Treasury, with re-
spect to private education loans and borrowers 
of such private education loans. 
SEC. 5. INCOME SHARE AGREEMENTS. 
(a) IN GENERAL.—An individual who entered into an 
income share agreement to pay for education expenses of 
the individual shall not be required to make payments 
under such income share agreement for the duration of 
the COVID–19 emergency period and the 6-month period 
immediately following. 
(b) COVID–19 EMERGENCY PERIOD.—In this sec-
tion, the term ‘‘COVID–19 emergency period’’ means the 
period that begins upon the date of the enactment of this 
Act and ends upon the date of the termination by the Fed-
eral Emergency Management Administration of the emer-
gency declared on March 13, 2020, by the President under 
the Robert T. Stafford Disaster Relief and Emergency As-
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sistance Act (42 U.S.C. 4121 et seq.) relating to the 
Coronavirus Disease 2019 (COVID–19) pandemic. 
SEC. 6. EXCLUSION FROM GROSS INCOME. 
(a) IN GENERAL.—Part III of subchapter B of chap-
ter 1 of the Internal Revenue Code of 1986 is amended 
by inserting after section 139H the following new section: 
‘‘SEC. 139I. STUDENT LOAN PAYMENTS RESULTING FROM 
THE COVID–19 NATIONAL EMERGENCY. 
‘‘Gross income shall not include any payment made 
on behalf of the taxpayer under section 493E(b)(1) of the 
Higher Education Act of 1965, section 140(h) of the 
Truth in Lending Act, or section 4 of the Emergency Re-
lief for Student Borrowers Act of 2020.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for part III of subchapter B of chapter 1 of the Internal 
Revenue Code of 1986 is amended by inserting after the 
item relating to section 139H the following new item: 
‘‘Sec. 139I. Student loan payments resulting from the COVID–19 national 
emergency.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2019. 
Æ 
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