II 116th CONGRESS 2d Session S. 3543 IN THE SENATE OF THE UNITED STATES March 19, 2020 Mr. Tester introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the public service loan forgiveness program under the Higher Education Act of 1965 to waive the requirement that a borrower make a monthly payment during a month for which there is a qualifying emergency in the State in which the borrower is employed.

1. Short title This Act may be cited as the Public Service Loan Forgiveness Protection Act . 2. Waiver for public service loan forgiveness payments during qualifying emergency Section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) ) is amended— (1) in paragraph (1), by striking The Secretary and inserting Except as provided under paragraph (5), the Secretary ; and (2) by adding at the end the following: (5) Waiver for payments during qualifying emergency (A) Qualifying emergency The term qualifying emergency means— (i) a public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); (ii) an emergency for which a Governor of a State or territory has declared a state of emergency; (iii) an event for which the President declared a major disaster or an emergency under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 and 5191); or (iv) a national emergency declared by the President under section 201 of the National Emergencies Act ( 50 U.S.C. 1621 ). (B) Waiver The Secretary may waive the requirement under paragraph (1) that a borrower make a monthly payment during a month for which there is a qualifying emergency in the State in which the borrower is employed. A failure to make a monthly payment pursuant to such waiver shall not disqualify such borrower from receiving loan cancellation pursuant to this subsection. .