[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1220 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 1220

  To amend the Higher Education Act of 1965 to provide for a Savings 
   Opportunity and Affordable Repayment plan as an income contingent 
                            repayment plan.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 1 (legislative day, March 31), 2025

   Mr. Merkley (for himself, Mr. Kaine, Mr. Schumer, Ms. Hirono, Mr. 
 Blumenthal, Ms. Warren, Mr. Welch, Mrs. Gillibrand, Mr. Padilla, Mr. 
  Booker, Ms. Smith, Mr. Sanders, Mr. Wyden, Mr. Kim, and Mr. Markey) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend the Higher Education Act of 1965 to provide for a Savings 
   Opportunity and Affordable Repayment plan as an income contingent 
                            repayment plan.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Savings Opportunity and Affordable 
Repayment Act''.

SEC. 2. SAVINGS OPPORTUNITY AND AFFORDABLE REPAYMENT PLAN.

    (a) Amendments to the Higher Education Act of 1965.--The Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended--
            (1) in section 428(b)(9)(A)--
                    (A) in clause (iv), by striking ``and'' after the 
                semicolon;
                    (B) in clause (v), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(vi) beginning on the date that is 180 
                        days after the date of enactment of the Savings 
                        Opportunity and Affordable Repayment Act, an 
                        income contingent repayment plan known as the 
                        `Savings Opportunity and Affordable Repayment 
                        plan', consistent with section 493E.'';
            (2) in section 428C(c)(2)(A)--
                    (A) in the first sentence, by striking ``or income-
                based'' and inserting ``income-based, or income 
                contingent Savings Opportunity and Affordable Repayment 
                (consistent with section 493E)''; and
                    (B) in the second sentence, by striking ``or 
                income-based'' and inserting ``income-based, or income 
                contingent Savings Opportunity and Affordable 
                Repayment'';
            (3) in section 455(d)--
                    (A) in paragraph (1), by striking subparagraph (D) 
                and inserting the following:
                    ``(D) except as provided in paragraph (6), an 
                income contingent repayment plan--
                            ``(i) with varying annual repayment amounts 
                        based on the income of the borrower, paid over 
                        an extended period of time prescribed by the 
                        Secretary, not to exceed 25 years, except that 
                        the plan described in this clause shall not be 
                        available to the borrower of a Federal Direct 
                        PLUS loan made on behalf of a dependent 
                        student; and
                            ``(ii) which, beginning on the date that is 
                        180 days after the date of enactment of the 
                        Savings Opportunity and Affordable Repayment 
                        Act, shall include the `Savings Opportunity and 
                        Affordable Repayment plan', consistent with 
                        section 493E; and''; and
                    (B) by adding at the end the following:
            ``(6) Phase outs.--
                    ``(A) PAYE repayment plan.--
                            ``(i) In general.--A borrower may choose 
                        the Pay As You Earn Repayment Plan, as 
                        described in section 685.209 of title 34, Code 
                        of Federal Regulations (as in effect on January 
                        19, 2025), as an income contingent repayment 
                        plan pursuant to paragraph (1)(D)--
                                    ``(I) before the date that is 2 
                                years after the date of enactment of 
                                the Savings Opportunity and Affordable 
                                Repayment Act, only if the borrower--
                                            ``(aa) has loans eligible 
                                        for repayment under such plan, 
                                        as described in such section as 
                                        in effect on such date; and
                                            ``(bb) has a partial 
                                        financial hardship when the 
                                        borrower initially enters such 
                                        plan, as described in such 
                                        section as in effect on such 
                                        date; and
                                    ``(II) on or after the date that is 
                                2 years after the date of enactment of 
                                the Savings Opportunity and Affordable 
                                Repayment Act, only if the borrower 
                                meets the conditions described in 
                                subclause (I) and was repaying a loan 
                                under such plan before such date that 
                                is 2 years after the date of enactment 
                                of the Savings Opportunity and 
                                Affordable Repayment Act.
                            ``(ii) Prohibition against re-enrollment.--
                        Beginning on the date that is 2 years after the 
                        date of enactment of the Savings Opportunity 
                        and Affordable Repayment Act, a borrower who 
                        was repaying a loan under the Pay As You Earn 
                        Repayment Plan, as described in clause (i), and 
                        changes to a different repayment plan may not 
                        re-enroll in the Pay As You Earn Repayment 
                        Plan.
                    ``(B) Income contingent repayment plan.--
                            ``(i) In general.--A borrower may choose 
                        the ICR plan, as described in section 685.209 
                        of title 34, Code of Federal Regulations (as in 
                        effect on January 19, 2025), as an income 
                        contingent repayment plan pursuant to paragraph 
                        (1)(D)--
                                    ``(I) before the date that is 2 
                                years after the date of enactment of 
                                the Savings Opportunity and Affordable 
                                Repayment Act, only if the borrower has 
                                loans eligible for repayment under such 
                                plan, as described in such section as 
                                in effect on such date, except as 
                                provided in clause (iii); and
                                    ``(II) on or after the date that is 
                                2 years after the date of enactment of 
                                the Savings Opportunity and Affordable 
                                Repayment Act, only if the borrower has 
                                loans eligible for repayment under such 
                                plan, as described in such section as 
                                in effect on such date, except as 
                                provided in clause (iii), and was 
                                repaying a loan under such plan before 
                                such date that is 2 years after the 
                                date of enactment of the Savings 
                                Opportunity and Affordable Repayment 
                                Act.
                            ``(ii) Prohibition against re-enrollment.--
                        Beginning on the date that is 2 years after the 
                        date of enactment of the Savings Opportunity 
                        and Affordable Repayment Act, a borrower who 
                        was repaying a loan under the ICR plan, as 
                        described in clause (i), and changes to a 
                        different repayment plan may not re-enroll in 
                        the ICR plan.
                            ``(iii) Eligible loans for purposes of icr 
                        repayment.--In addition to the loans eligible 
                        for repayment under the ICR plan as described 
                        in section 685.209 of title 34, Code of Federal 
                        Regulations (as in effect on January 19, 2025), 
                        an eligible loan for purposes of repayment 
                        under the ICR plan may include--
                                    ``(I) a Federal Direct PLUS Loan 
                                made on behalf of a dependent student;
                                    ``(II) a Federal Direct 
                                Consolidation Loan for which the 
                                proceeds were used to discharge the 
                                liability on a Federal Direct PLUS Loan 
                                or a loan under section 428B made on 
                                behalf of a dependent student;
                                    ``(III) a loan under section 428B 
                                made on behalf of a dependent student; 
                                or
                                    ``(IV) a loan under section 428C 
                                for which the proceeds were used to 
                                discharge the liability on a Federal 
                                Direct PLUS Loan or a loan under 
                                section 428B made on behalf of a 
                                dependent student.'';
            (4) by inserting after section 493D the following:

``SEC. 493E. SAVINGS OPPORTUNITY AND AFFORDABLE REPAYMENT PLAN.

    ``(a) Definitions.--In this section:
            ``(1) Eligible loan.-- The term `eligible loan' means a 
        loan made, insured, or guaranteed under part B or D.
            ``(2) Monthly payment obligation.--
                    ``(A) In general.--The term `monthly payment 
                obligation', when used with respect to a borrower, 
                means that for such borrower the monthly payment amount 
                due on the total amount of eligible loans made to such 
                borrower that is equal to, except as provided in 
                subparagraph (B)--
                            ``(i) $0 for the portion of the borrower's, 
                        and the borrower's spouse's (if applicable), 
                        adjusted gross income (as defined in section 62 
                        of the Internal Revenue Code of 1986) that is 
                        less than or equal to 250 percent of the 
                        poverty line applicable to the borrower's 
                        family size as determined under section 673(2) 
                        of the Community Services Block Grant Act (42 
                        U.S.C. 9902(2)); plus
                            ``(ii) 5 percent of the portion of the 
                        borrower's, and the borrower's spouse's (if 
                        applicable), adjusted gross income (as defined 
                        in section 62 of the Internal Revenue Code of 
                        1986) that is greater than 250 percent of the 
                        poverty line applicable to the borrower's 
                        family size as determined under section 673(2) 
                        of the Community Services Block Grant Act (42 
                        U.S.C. 9902(2)), prorated by the percentage 
                        that is the result of dividing the borrower's 
                        original total loan balance attributable to 
                        eligible loans received for the borrower's 
                        undergraduate study by the original total loan 
                        balance attributable to all eligible loans, 
                        divided by 12; plus
                            ``(iii) for loans not subject to clause 
                        (ii), 10 percent of the portion of the 
                        borrower's, and the borrower's spouse's (if 
                        applicable), adjusted gross income (as defined 
                        in section 62 of the Internal Revenue Code of 
                        1986) that is greater than 250 percent of the 
                        poverty line applicable to the borrower's 
                        family size as determined under section 673(2) 
                        of the Community Services Block Grant Act (42 
                        U.S.C. 9902(2)), prorated by the percentage 
                        that is the result of dividing the borrower's 
                        original total loan balance minus the original 
                        total loan balance of loans subject to clause 
                        (ii) by the borrower's original total loan 
                        balance attributable to all eligible loans, 
                        divided by 12.
                    ``(B) Minimal payment obligation.--If the 
                calculation of the monthly payment amount due under 
                subparagraph (A) for a borrower is--
                            ``(i) less than $5, then the monthly 
                        payment obligation for such borrower is equal 
                        to $0; and
                            ``(ii) equal to or greater than $5 but less 
                        than $10, then the monthly payment obligation 
                        for such borrower is equal to $10.
    ``(b) Savings Opportunity and Affordable Repayment Authorized.--
Notwithstanding any other provision of this Act, the Secretary shall 
carry out a Savings Opportunity and Affordable Repayment plan program 
that complies with the following:
            ``(1) A borrower of any eligible loan may elect to have the 
        borrower's aggregate monthly payment for all such loans not 
        exceed the monthly payment obligation of such borrower.
            ``(2) The holder of such eligible loan shall apply--
                    ``(A) 50 percent of the borrower's monthly payment 
                under this subsection toward outstanding principal; and
                    ``(B) 50 percent of the borrower's monthly payment 
                under this subsection--
                            ``(i) first toward accrued charges and 
                        collection costs on the loan;
                            ``(ii) then toward outstanding interest; 
                        and
                            ``(iii) then toward outstanding principal.
            ``(3) During all periods of repayment on all loans being 
        repaid under the Savings Opportunity and Affordable Repayment 
        plan, the Secretary shall not charge the borrower's account any 
        accrued interest that is not covered by the borrower's monthly 
        payment obligation.
            ``(4) Any principal due and not paid under paragraph (2) 
        shall be deferred.
            ``(5) In the case of a borrower repaying under the Savings 
        Opportunity and Affordable Repayment plan, the Secretary shall 
        cancel the remaining balance due on all eligible loans for a 
        borrower in the case the borrower--
                    ``(A) is repaying only eligible loans received for 
                undergraduate study, or a consolidation loan that 
                repaid only loans received for such study, for which 
                the borrower's attendance in such undergraduate study 
                was not more than 2 years, after the borrower has 
                satisfied 120 monthly payments or the equivalent (as 
                described in paragraph (6)), over a period of at least 
                10 years; and
                    ``(B) is repaying at least one eligible loan not 
                described in subparagraph (A), after the borrower has 
                satisfied 180 monthly payments or the equivalent (as 
                described in paragraph (6)), over a period of at least 
                15 years.
            ``(6) A monthly payment or the equivalent shall be 
        satisfied by any of the following:
                    ``(A) A month in which the borrower--
                            ``(i) makes a monthly payment that is equal 
                        to not less than the monthly payment obligation 
                        of the borrower; or
                            ``(ii) has a monthly payment obligation of 
                        $0.
                    ``(B) A month in which the borrower receives a 
                deferment or forbearance of repayment under any of the 
                following:
                            ``(i) A cancer treatment deferment under 
                        section 455(f)(3).
                            ``(ii) A rehabilitation training program 
                        deferment.
                            ``(iii) An unemployment deferment.
                            ``(iv) An economic hardship deferment, 
                        which includes volunteer service in the Peace 
                        Corps as an economic hardship condition.
                            ``(v) A military service deferment.
                            ``(vi) A post active-duty student 
                        deferment.
                            ``(vii) A national service forbearance.
                            ``(viii) A national guard duty forbearance.
                            ``(ix) A Department of Defense Student Loan 
                        Repayment forbearance.
                            ``(x) An administrative forbearance under a 
                        period--
                                    ``(I) during which the Secretary 
                                has authorized forbearance due to a 
                                national military mobilization or other 
                                local or national emergency;
                                    ``(II) necessary for the Secretary 
                                to collect and process documentation 
                                supporting the borrower's request for a 
                                deferment, forbearance, change in 
                                repayment plan, or consolidation loan; 
                                or
                                    ``(III) determined necessary by the 
                                Secretary.
                            ``(xi) A bankruptcy forbearance if t