II 117th CONGRESS 2d Session S. 4581 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve the public service loan forgiveness program under section 455(m) of the Higher Education Act of 1965, to improve loan forgiveness eligibility provisions under such Act for teachers, and for other purposes.

1. Short title This Act may be cited as the Second Chance at Public Service Loan Forgiveness Act . 2. Findings Congress finds the following: (1) The public service loan forgiveness program under section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) ) was created in 2007 to attract individuals to public service by forgiving an individual’s Federal loans under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq. ; 20 U.S.C. 1087a et seq. ) after 10 years of employment in areas of national need. (2) These public service careers, which include employment in military, emergency management, government, public safety, law enforcement, public health, education, child care, social work, services for individuals with disabilities, services for the elderly, public interest legal services, and library sciences, pay substantially less than similar careers in the private sector. (3) The public sector also repeatedly experiences workforce shortages, especially following the COVID–19 pandemic. (4) An undergraduate degree, certification, or advanced degree is a prerequisite to enter or advance in these public service careers. Yet, research suggests that the prospect of several decades of student loan payments often deters individuals from pursuing careers in public service. (5) The public service loan forgiveness program has substantially failed. In 2018, 99 percent of the borrowers who applied for relief under the program were denied due to improper type of loans, employment, or repayment plan, or the number of payments that they had made. (6) Advocates and enforcement agencies, including 38 State Attorneys General and the Bureau of Consumer Financial Protection, have repeatedly found that all of the major Federal student loan servicers provided inaccurate information to borrowers who were interested in or relying upon the public service loan forgiveness program. They also found that servicers repeatedly steered borrowers away from public service loan forgiveness into higher monthly payments and into deferment and forbearances. (7) This has caused millions of public servants irreparable economic harm, including preventing them from buying a home, opening a small business, starting a family, or retiring, because of their student debt. (8) Despite the recent actions of President Biden's administration to improve the public service loan forgiveness program, these actions are limited and will not fully atone for the repeated, pervasive, and systemic actions by Federal student loan servicers to prevent public servants from fully benefitting from this program. 3. Making forgiveness attainable for public sector workers Section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) ) is amended— (1) by striking paragraph (1) and inserting the following: (1) In general The Secretary shall cancel the balance of interest and principal due, in accordance with paragraph (2), on any eligible Federal Direct Loan not in default for a borrower who— (A) obtained an eligible Federal Direct Loan; and (B) has been employed full-time in public service, beginning on or after January 1, 1994, for a total period of 10 years or more after the date on which the first eligible Federal Direct Loan was obtained. ; (2) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; (3) by inserting after paragraph (2) the following: (3) Special rules relating to employment For purposes of this subsection, volunteer service as an AmeriCorps or Peace Corps volunteer, as described in subclause (III) or (IV) of paragraph (5)(C)(i), shall be deemed to be employment. (4) Special rule for certain loans and borrowers (A) Parent Plus loans In the case of a borrower of an eligible Federal Direct Loan that is on behalf of a student, any public service employment required under this subsection may be completed by the borrower or by the student on whose behalf the loan was made. (B) Special rules for Federal Direct Consolidation loans (i) In general A borrower who has obtained an eligible Federal Direct Loan that is a Federal Direct Consolidation Loan that includes a loan made, insured, or guaranteed under part B or part E shall receive credit under paragraph (1) for any years of full-time employment in public service that occurred while the borrower had a component loan of the Federal Direct Consolidation Loan. (ii) Special rules for joint borrowers The Secretary shall allow the borrowers of a Joint Consolidation Loan or a Joint Direct Consolidation Loan who are employed in a public service job to consolidate such loan into a Federal Direct Consolidation Loan in order to receive loan cancellation pursuant to this subsection. ; and (4) by striking paragraph (5), as redesignated by paragraph (2), and inserting the following: (5) Definitions In this subsection: (A) Eligible Federal direct loan The term eligible Federal Direct Loan means a Federal Direct Stafford Loan, Federal Direct Unsubsidized Loan, Federal Direct PLUS Loan (including such loan made on behalf of a student), or Federal Direct Consolidation Loan. (B) Full-time The term full-time , when used with respect to employment in public service, means working in public service employment in one or more jobs for a total of— (i) not less than 30 hours a week; (ii) in the case of any form of educational public service employment that is under a contract for not less than 8 months, not less than 30 hours per week during the contract period; or (iii) in the case of employment as an adjunct, contingent, or part-time faculty member, teacher, or lecturer who is paid solely for the credit hours taught at an institution of higher education, the equivalent of 30 hours per week determined by multiplying each credit or contract hour taught per week by 3.35. (C) Public service (i) In general The term public service means— (I) employment with a qualifying employer described in clause (i) or (ii) of subparagraph (D); (II) employment with a qualifying employer described in subparagraph (D)(iii) that— (aa) provides direct services to the public through its employees; and (bb) has devoted a majority of its full-time equivalent employees to working in not less than 1 of the following areas: (AA) Early childhood education programs. (BB) Emergency management. (CC) Law enforcement. (DD) Military service. (EE) Other school-based services. (FF) Public education (including higher education). (GG) Public health. (HH) Public interest law services. (II) Public library services. (JJ) Public safety. (KK) Public services for individuals with disabilities or public services for the elderly. (LL) School library services; (III) satisfactory service as a Peace Corps volunteer in accordance with section 5 of the Peace Corps Act ( 22 U.S.C. 2504 ); or (IV) successful service as a participant in a position described in section 123 of the National and Community Service Act of 1990 ( 42 U.S.C. 12573 ). (ii) Additional definitions For purposes of clause (i): (I) Emergency management services The term emergency management services means services that help remediate, lessen, or eliminate the effects or potential effects of emergencies that threaten human life or health or real property. (II) Law enforcement The term law enforcement means services performed by an employee of a public service organization that is publicly funded and whose principal activities pertain to crime prevention, control or reduction of crime, or the enforcement of criminal law. (III) Military service The term military service means providing service to or on behalf of members, veterans, or the families or survivors of members or veterans of the Armed Forces, including the National Guard, that is provided to a person because of the person’s status in the Armed Forces or National Guard. (IV) Other school-based services The term other school-based services means an employee of a State, or of any political division of a State, or an employee of a nonprofit organization, who works in any grade from prekindergarten through grade 12 in any of the following occupational specialties: (aa) Paraprofessional services, including paraeducator services. (bb) Clerical and administrative services. (cc) Transportation services. (dd) Food and nutrition services. (ee) Custodial and maintenance services. (ff) Security services. (gg) Health and student services. (hh) Technical services. (ii) Skilled trades. (V) Public education The term public education means— (aa) the provision of educational enrichment or support to students in a school or a school-like setting, including teaching; and (bb) teaching as a full-time faculty member at a Tribal College or University, as defined in section 316(b), and other faculty teaching in high-needs subject areas or areas of shortage (including nurse faculty, foreign language faculty, and part-time faculty at community colleges), as determined by the Secretary. (VI) The term public health means— (aa) services provided by physicians, nurses (including nurses in a clinical setting), and nurse practitioners; and (bb) services provided by health care practitioner occupations, health care support occupations, and counselors, social workers, and other community and social service specialist occupations, as those terms are defined by the Bureau of Labor Statistics. (VII) The term public interest law means legal services or legal advocacy provided by a nonprofit organization, but excludes services provided by individuals who are registered lobbyists at the Federal, State, or local level. (VIII) The term public library services means the operation of public libraries or services that support their operation. (IX) The term public safety services means services that seek to prevent the need for emergency management services. (X) The term public services for individuals with disabilities means services performed for, or to assist, individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )) that is provided to an individual because of the individual's status as an individual with a disability. (XI) The term public service for the elderly means services that are provided to individuals who are aged 59.5 years or older and that are provided to an individual because of the individual's status as an individual of that age, including services related to retirement plans, pensions, social security, retiree health plans, or Medicaid. (XII) The term school library services means the operations of school libraries or services that support their operation. (D) Qualifying employer The term qualifying employer means— (i) a Federal, State, Tribal, local, intergovernmental, or regional governmental organization, agency, or entity based or headquartered in the United States, including the Armed Forces, National Guard, Merchant Marines, or Coast Guard; (ii) a nonprofit organization that is qualified under section 501(c)(3) of the Internal Revenue Code of 1986; or (iii) a nonprofit organization that is qualified under section 501(a) of such Code, with respect to an employee in public service employment. . 4. Loan forgiveness for teachers The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended— (1) in section 428J(g)(2) ( 20 U.S.C. 1078–10(g)(2) )— (A) in subparagraph (A), by inserting or after the semicolon at the end; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); (2) in paragraph (7) of section 455(m) ( 20 U.S.C. 1087e(m) ), as amended by section 3(2), by striking both this subsection and section 428J, 428K, 428L, or 460 and inserting both this subsection and section 428K or 428L ; and (3) in section 460(g)(2) ( 20 U.S.C. 1087j(g)(2) )— (A) in subparagraph (A), by inserting or after the semicolon at the end; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B).