I 
118TH CONGRESS 
1ST SESSION H. R. 4144 
To streamline and improve the Federal student loan repayment system to 
protect borrowers and taxpayers. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 15, 2023 
Mr. OWENS (for himself, Mrs. MCCLAIN, and Ms. FOXX) introduced the fol-
lowing bill; which was referred to the Committee on Education and the 
Workforce 
A BILL 
To streamline and improve the Federal student loan 
repayment system to protect borrowers and taxpayers. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Federal Assistance to Initiate Repayment Act’’ or the 
‘‘FAIR Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References. 
Sec. 3. Return to repayment requirements. 
Sec. 4. Repayment plans. 
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Sec. 5. Income-driven repayment assistance plan. 
Sec. 6. Deferment on loans made on or after July 1, 2024. 
Sec. 7. Loan rehabilitation. 
Sec. 8. Limitation on authority of Secretary to propose or issue regulations and 
executive actions. 
SEC. 2. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Higher Education Act of 
1965 (20 U.S.C. 1001 et seq.). 
SEC. 3. RETURN TO REPAYMENT REQUIREMENTS. 
(a) BORROWER NOTIFICATION.— 
(1) NOTICE TO FEDERAL STUDENT LOAN BOR-
ROWERS
WHO
RECEIVED
TEMPORARY
RELIEF.— 
During the period beginning on the date of the en-
actment of this Act and ending on August 31, 2023, 
the Secretary of Education shall provide, through 2 
or more methods of communication (including postal 
mail, telephone, and electronic communication), a 
total of not fewer than 12 notices to each borrower 
of any loan made, insured, or guaranteed under title 
IV of the Higher Education Act of 1965 (20 U.S.C. 
1070 et seq.) indicating— 
(A) the date on which such borrower is re-
quired to make monthly payments on such a 
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loan pursuant to section 271 of the Fiscal Re-
sponsibility Act (Public Law 118–5); 
(B) indicating the borrower’s options for 
repayment, including that such borrower may 
be eligible to enroll, or may be automatically en-
rolled, as applicable, in an income driven repay-
ment assistance plan under section 494A of the 
Higher Education Act of 1965 (as added by 
section 5 of this Act), including a brief descrip-
tion of the plan and its associated benefits; and 
(C) the options available to such a bor-
rower who is in default, including— 
(i) the option to consolidate or reha-
bilitate the loans under section 428F(a)(5) 
(as amended by section 7 of this Act); and 
(ii) a brief description of the benefits 
and consequences of each option. 
(2) ADDITIONAL NOTIFICATION.— 
(A) IN GENERAL.—During the period de-
scribed in paragraph (1), and in addition to the 
notices required under such subsection, the Sec-
retary of Education shall provide the informa-
tion described in subparagraph (B) to each at- 
risk borrower. 
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the borrower notifications required under 
paragraphs (1) and (2); and 
(iv) provide examples of social media 
posts for public stakeholders who wish to 
amplify the Secretary’s communications 
and provide borrowers with accurate infor-
mation. 
(4) AT-RISK
BORROWER
DEFINED.—In this 
subsection, the term ‘‘at-risk borrower’’ means a 
borrower of a loan described in paragraph (1) that 
is held by the Secretary of Education who, with re-
spect to any such loan— 
(A) on or after March 1, 2020, was as-
signed a new student loan servicer; 
(B) on or after March 1, 2020, entered re-
payment for the first time; 
(C) on or after March 1, 2020, was in de-
fault; 
(D) during the 2-year period preceding 
March 1, 2020, missed a payment or payments 
for a period of not less than 60 days; 
(E) submitted an application for one-time 
student debt cancellation (as described by the 
Department of Education in the Federal Reg-
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ister on October 12, 2022 (87 Fed. Reg. 61513 
et seq.)); or 
(F) received a refund from the Department 
of Education for any payment made during the 
period beginning on March 1, 2020, and ending 
on August 31, 2023, that, pursuant to a waiver 
or modification described by the Department of 
Education in the Federal Register on October 
12, 2022 (87 Fed. Reg. 61513 et seq.), was not 
required. 
(b) FEDERAL PREEMPTION.—Section 456 (20 U.S.C. 
1087f) is amended by adding at the end the following: 
‘‘(c) FEDERAL PREEMPTION.— 
‘‘(1) IN GENERAL.—Covered activities shall not 
be subject to any law or other requirement of any 
State or political subdivision of a State with respect 
to— 
‘‘(A) disclosure requirements; 
‘‘(B) requirements or restrictions on the 
content, time, quantity, or frequency of commu-
nications with borrowers, endorsers, or ref-
erences with respect to such loans; or 
‘‘(C) any other requirement relating to the 
servicing or collection of a loan made under this 
title. 
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‘‘(2) COVERED ACTIVITIES DEFINED.—In this 
subsection, the term ‘covered activities’ means any 
of the following activities, as carried out by a quali-
fied entity: 
‘‘(A) Origination of a loan made under this 
title. 
‘‘(B) Servicing of a loan made under this 
title. 
‘‘(C) Collection of a loan made under this 
title. 
‘‘(D) Any other activity related to the ac-
tivities described in subparagraphs (A) through 
(C).’’. 
(c) PROCUREMENT FLEXIBILITY.—Section 142 (20 
U.S.C. 1018a) is amended— 
(1) by redesignating subsection (l) as subsection 
(m); and 
(2) by inserting after subsection (k) the fol-
lowing: 
‘‘(l) GUIDANCE TO STUDENT LOAN SERVICERS.— 
‘‘(1) IN GENERAL.—In notifying a student loan 
servicer of a final contract modification (as such 
term is defined in section 2.101 of title 48, Code of 
Federal Regulations) that instructs such loan 
servicer to perform a function that is new or dif-
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ferent from a function such servicer performs pursu-
ant to an existing contract, the PBO shall, not later 
than 30 days before such contract change takes ef-
fect, provide such servicers with written guidance in 
the form of— 
‘‘(A) a change order (as such term is de-
fined in section 2.101 of title 48, Code of Fed-
eral Regulations); 
‘‘(B) a dear colleague letter; or 
‘‘(C) an electronic announcement. 
‘‘(2) NON-BINDING
DIRECTIVES.—A student 
loan servicer that is notified of a final contract 
modification described in paragraph (1) and receives 
guidance in a form other than a form described in 
paragraph (1) (including through emails or phone 
calls) shall not be subject to such contract modifica-
tion.’’. 
(d) REQUIREMENTS RELATING
TO ANNUAL BO-
NUSES OF PERFORMANCE-BASED ORGANIZATION OFFI-
CERS.—Section 141 (20 U.S.C. 1018) is amended— 
(1) in subsection (c)(4)— 
(A) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; and’’; and 
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(C) by adding at the end the following: 
‘‘(C) that the Department has carried out 
the borrower notifications required under sec-
tion 3(a) of the FAIR Act.’’; 
(2) by amending subsection (d)(5)(B) to read 
as follows: 
‘‘(B) BONUS.— 
‘‘(i) IN GENERAL.—In addition, sub-
ject to clause (ii), the Chief Operating Of-
ficer may receive a bonus in an amount 
that does not exceed 50 percent of such 
annual rate of basic pay, based upon the 
Secretary’s evaluation of the Chief Oper-
ating Officer’s performance in relation to 
the goals set forth in the performance 
agreement described in paragraph (4). 
‘‘(ii) EXCEPTION.—In the case of a 
year in which the Department does not 
carry out the activities required under sec-
tion 3(a) of the FAIR Act or comply with 
the requirements of sections 142(l) or 
456(c), the Chief Operating Officer may 
not receive a bonus described in clause 
(i).’’; and 
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(3) by amending subsection (e)(3)(B) to read as 
follows: 
‘‘(B) BONUS.— 
‘‘(i) IN GENERAL.—In addition, sub-
ject to clause (ii), a senior manager may 
receive a bonus in an amount such that the 
manager’s total annual compensation does 
not exceed 125 percent of the maximum 
rate of basic pay for the Senior Executive 
Service, including any applicable locality- 
based comparability payment, based upon 
the Chief Operating Officer’s evaluation of 
the manager’s performance in relation to 
the goals set forth in the performance 
agreement described in paragraph (2). 
‘‘(ii) EXCEPTION.—In the case of a 
year in which the Department does not 
carry out the activities required under sec-
tion 3(a) of the FAIR Act or comply with 
the requirements of sections 142(l) or 
456(c), the senior manager may not re-
ceive a bonus described in clause (i).’’. 
SEC. 4. REPAYMENT PLANS. 
(a) DIRECT LOANS.—Section 455(d) (20 U.S.C. 
1087e(d)) is amended by adding at the end the following: 
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‘‘(6) REPAYMENT PLANS FOR LOANS IN REPAY-
MENT ON OR AFTER JULY 1, 2023.— 
‘‘(A) DESIGN AND SELECTION.—Notwith-
standing paragraph (1), and subject to sub-
paragraph (E), beginning on July 1, 2023, the 
Secretary shall offer a borrower of a loan made 
under this part two plans for repayment of such 
loan, including principal and interest on the 
loan. The borrower shall be entitled to accel-
erate, without penalty, repayment on such 
loans. The borrower may choose— 
‘‘(i) a standard repayment plan with a 
fixed monthly repayment amount paid over 
a fixed period of time, not to exceed 10 
years; or 
‘‘(ii) an income-driven repayment as-
sistance plan under section 494A. 
‘‘(B) SELECTION BY SECRETARY.—If such 
borrower does not select a repayment plan de-
scribed in subparagraph (A), the Secretary shall 
provide the borrower with the repayment plan 
described in subparagraph (A)(i). 
‘‘(C) CHANGES IN SELECTION.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), a borrower may change the borrower’s 
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selection of a repayment plan under sub-
paragraph (A), or the Secretary’s selection 
of a plan for the borrower under subpara-
graph (B), as the case may be. Nothing in 
this subsection shall prohibit the Secretary 
from encouraging distressed borrowers 
from enrolling in the income-driven repay-
ment assistance plan under section 494A. 
‘‘(ii) SAME
REPAYMENT
PLAN
RE-
QUIRED.—All loans made under this part 
on or after July 1, 2023, to a borrower 
shall be repaid under the same repayment 
plan under subparagraph (A), except that 
the borrower may repay an excepted PLUS 
loan or an excepted consolidation loan (as 
such terms are defined in section 494A) 
separately from other loans made under 
this part to the borrower. 
‘‘(D) REPAYMENT AFTER DEFAULT.—The 
Secretary may require a borrower who has de-
faulted on a loan made under this part to— 
‘‘(i) pay all reasonable collection costs 
associated with such loan; and 
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‘‘(ii) repay the loan pursuant to the 
income-driven repayment assistance plan 
under section 494A. 
‘‘(E) RULES FOR EXISTING BORROWERS.— 
‘‘(i) EXISTING BORROWERS IN STAND-
ARD OR GRADUATED PLANS.—A borrower 
who, as of the day before the date of en-
actment of FAIR Act, was repaying a loan 
made under this part pursuant to a plan 
described in subparagraph (A), (B), or (C) 
of paragraph (1) may— 
‘‘(I) continue to repay such loan 
pursuant to such plan; or 
‘‘(II) choose to repay such loan 
pursuant to a plan described in clause 
(i) or (ii) of subparagraph (A). 
‘‘(ii) OTHER EXISTING BORROWERS.— 
With respect to a borrower who, as of the 
day before the date of enactment of FAIR 
Act, was repaying a loan made under this 
part pursuant to a plan described in sub-
paragraph (D) or (E) of paragraph (1), 
the Secretary shall, pursuant to section 
494A(b), enroll such borrower into the in-
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come-driven repayment assistance plan 
under section 494A. 
‘‘(F) PROHIBITION.—Except as provided 
in subparagraph (E), the Secretary may not— 
‘‘(i) authorize a borrower of a loan 
made under this part to repay such loan 
pursuant to a repayment plan that is not 
described in clause (i) or (ii) of subpara-
graph (A); or 
‘‘(ii) carry out or modify a repayment 
plan that is not described in such clause (i) 
or (ii).’’. 
(b) FFEL LOANS.—Section 428(b)(9) is amended— 
(1) in subparagraph (A)— 
(A) in clause (iv), by striking ‘‘and’’ at the 
end; 
(B) in clause (v), by striking the period at 
the end and inserting ‘‘; and’’; 
(C) by adding at the end the following: 
‘‘(vi) for any borrower repaying, on or 
after July 1, 2023, a loan made, insured, 
or guaranteed under this part— 
‘‘(I) in the case of a borrower 
who, as of the day before the date of 
enactment of FAIR Act, was repaying 
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such loan pursuant to a plan de-
scribed in clause (i), (ii), (iii), or (iv), 
continuing to repay such loan pursu-
ant to such plan; or 
‘‘(II)(aa) an income-driven repay-
ment assistance plan under section 
494A; or 
‘‘(bb) the standard repayment 
plan described in clause (i).’’; 
(2) by adding at the end the following: 
‘‘(C) REPAYMENT
PLANS
FOR
LOANS
IN 
REPAYMENT ON OR AFTER JULY 1, 2023.— 
‘‘(i) CHANGES IN SELECTION.—In the 
case of any borrower not described in sub-
paragraph (A)(vi)(I), the borrower may 
change the borrower’s selection of a repay-
ment plan under subparagraph (A)(vi)(II). 
Nothing in this subsection shall prohibit 
the lender from encouraging distressed 
borrowers from enrolling in the income- 
driven repayment assistance plan under 
section 494A. 
‘‘(ii) TREATMENT OF CERTAIN BOR-
ROWERS.—With respect to a borrower who, 
as of the day before the date of enactment 
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of the FAIR Act was repaying a loan 
made, insured, or guaranteed under this 
part pursuant to a plan described in sub-
paragraph (A)(v), the Secretary shall, pur-
suant to section 494A(b), enroll such bor-
rower into an income-driven repayment as-
sistance plan under section 494A. 
‘‘(iii) REPAYMENT AFTER DEFAULT.— 
The Secretary may require a borrower who 
has defaulted on a loan made, insured, or 
guaranteed under this part to— 
‘‘(I) pay all reasonable collection 
costs associated with such loan; and 
‘‘(II) repay the loan pursuant to 
the income-driven repayment assist-
ance plan under section 494A. 
‘‘(iv) PROHIBITION.—The Secretary 
may not— 
‘‘(I) authorize a borrower of a 
loan made, insured, or guaranteed 
under this part to repay such loan 
pursuant to a repayment plan that is 
not described in subparagraph (A)(vi); 
or 
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‘‘(II) carry out or modify a re-
payment plan that is not described in 
subparagraph (A)(vi).’’. 
(c) FEDERAL DIRECT CONSOLIDATION LOANS.—Sec-
tion 428C (20 U.S.C. 1078–3) is amended— 
(1) in subsection (a)(3)(B)(i)(V)(aa), by strik-
ing ‘‘or income-based repayment’’ and inserting ‘‘, 
income-based repayment, or income-driven repay-
ment assistance under section 494A’’; and 
(2) in subsection (c)— 
(A) in paragraph (2)(A)— 
(i) in the first sentence, by inserting 
‘‘, or a schedule for income-driven repay-
ment assistance under section 494A,’’ after 
‘‘schedules’’; and 
(ii) in the second sentence, by insert-
ing ‘‘or by the terms of repayment pursu-
ant to income-driven repayment assistance 
under section 494A,’’ after ‘‘subsection 
(b)(5)’’; and 
(B) in paragraph (3)— 
(i) in subparagraph (A), by inserting 
‘‘or an income-driven repayment assistance 
schedule under section 494A’’ after ‘‘sec-
tion 493C’’; and 
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(ii) in subparagraph (C), by inserting 
‘‘or an income-based repayment assistance 
schedule under section 494A’’ after ‘‘sec-
tion 493C’’. 
(d) REPAYMENT INCENTIVES.— 
(1) AMENDMENT.—Section 455(b)(9)(C) (20 
U.S.C. 1087e(b)(9)(C)) is amended by inserting 
‘‘(which in the case of a loan for which the first dis-
bursement of principal is made on or after July 1, 
2023, may not exceed than 0.25 percentage points)’’ 
after ‘‘interest rate reduction’’. 
(2) 
APPLICATION
OF
AMENDMENT.—The 
amendment made by this section shall not apply to 
any borrower who is a student enrolled in a program 
of study at an institution of higher education (as de-
fined in section 102 of the Higher Education Act of 
1965 (20 U.S.C. 1002)) as of June 30, 2023, or any 
loans made under part D of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1087a et seq.) to 
(or on behalf of) such student, during the period re-
quired for the completion of such program. 
(e) OTHER CONFORMING AMENDMENTS.— 
(1) DEPARTMENTAL PUBLICATION OF DESCRIP-
TIONS OF ASSISTANCE PROGRAMS.—The third sen-
tence of section 485(d)(1) is amended— 
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(A) by striking ‘‘income-sensitive and in-
come-based repayment plans for loans made, in-
sured or guaranteed under part B’’ and insert-
ing ‘‘income-sensitive repayment plans and an 
income-driven repayment plan under section 
494A for loans made, insured or guaranteed 
under part B’’; and 
(B) by striking ‘‘and income-contingent’’ 
and all that follows through ‘‘under part D’’ 
and inserting ‘‘and an income-driven repayment 
assistance plan under section 494A for loans 
made under part D’’. 
(2) PSLF.—Section 455(m)(1)(A) (20 U.S.C. 
1087e(m)(1)(A)) is amended— 
(A) by striking ‘‘or’’ at the end of clause 
(iii); 
(B) in clause (iv), by striking ‘‘and’’ and 
inserting ‘‘or’’; and 
(C) by inserting at the end the following: 
‘‘(v) payments under an income-driven 
repayment assistance plan under section 
494A; and’’. 
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SEC. 5. INCOME-DRIVEN REPAYMENT ASSISTANCE PLAN. 
(a) ESTABLISHMENT OF NEW PLAN.—Part G of title 
IV (20 U.S.C. 1088 et seq.) is amended by adding at the 
end the following: 
‘‘SEC. 494A. INCOME-DRIVEN REPAYMENT ASSISTANCE 
PROGRAM. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this Act, the Secretary shall carry out a program 
under which— 
‘‘(1) a borrower of any loan made, insured, or 
guaranteed under part B or D (other than an ex-
cepted PLUS loan or excepted consolidation loan), 
may elect to have the borrower’s aggregate monthly 
payment for all such loans not exceed the applicable 
monthly payment for the borrower, except that a 
borrower may not be precluded from repaying an 
amount that exceeds such applicable monthly pay-
ment for any month; 
‘‘(2) the Secretary shall apply the borrower’s 
monthly payment under this section first toward in-
terest due on such a loan, next toward any fees due 
on the loan, and then toward the principal of the 
loan; 
‘‘(3) any principal due and not paid under 
paragraph (2) shall be deferred; 
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‘‘(4) the amount of time the borrower makes 
monthly payments under paragraph (1) may exceed 
10 years; 
‘‘(5) the Secretary provides the repayment as-
sistance for distressed borrowers described in sub-
section (c); 
‘‘(6) the Secretary shall repay or cancel any 
outstanding balance of principal and interest due on 
all loans made under part B or D (other than ex-
cepted PLUS loans or excepted consolidation loans) 
to a borrower— 
‘‘(A) who, at any time, elected to partici-
pate in income-driven repayment assistance 
under paragraph (1); 
‘‘(B) whose final monthly payment for 
such loans prior to the loan cancellation under 
this paragraph was made under such income- 
driven repayment assistance; and 
‘‘(C) who has repaid on such loans (pursu-
ant to income-driven repayment assistance 
under paragraph (1), a standard repayment 
plan 
under 
section 
428(b)(9)(A)(i) 
or 
455(d)(6)(A)(i), or a combination of any such 
plan or any of the repayment plans listed in 
clauses 
(i) 
through 
(iv) 
of 
section 
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493C(b)(7)(B), or in the case of a consolidation 
loan, pursuant to a repayment schedule de-
scribed clause (i)(II) of this subparagraph) an 
amount that is equal to— 
‘‘(i)(I) the total amount of principal 
and interest that the borrower would have 
repaid under a standard repayment plan 
under section 428(b)(9)(A)(i), or para-
graph (1)(A) or (6)(A)(i) of section 
455(d), based on a 10-year repayment pe-
riod, when the borrower entered repayment 
on such loans; or 
‘‘(II) in the case of a Federal Direct 
Consolidation Loan or loans made under 
section 428C, the total amount of principal 
and interest that the borrower would have 
repaid under the repayment schedule es-
tablished for the loan under section 
428C(c)(2) on the date on which such loan 
was made; plus 
‘‘(ii) an amount equal to the amount 
of any unpaid interest that has accrued, 
but was not included in the calculation of 
the total amount of principal and interest 
that would have been repaid under the 
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PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H4144.IH
H4144
kjohnson on DSK79L0C42PROD with BILLS