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Code · BILL · 114th Congress · S. 1939 (Introduced in Senate) — To amend the Higher Education Act of 1965 to provide for institutional ineligibility based on low cohort repayment ra... · Sec. 4

Sec. 4. Risk-sharing payments

567 words·~3 min read·/bill/114/s/1939/is/section-4

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Section 454 of the Higher Education Act of 1964 ( 20 U.S.C. 1087d ) is amended— in subsection (a)— in paragraph (5), by striking and ; in paragraph (6), by striking the period at the end and inserting ; and ; and by adding at the end the following: provide that the institution accepts the institutional risk-sharing requirements under subsection (d), if applicable. ; and by adding at the end the following: Each institution of higher education participating in the direct student loan program under this part for a fiscal year shall remit to the Secretary, at such times as the Secretary may specify, a risk-sharing payment based on the cohort nonrepayment loan balance of the institution, as determined under paragraph (2).
The cohort loan balance of an institution for a fiscal year equals the total principal amount of all loans made under this part (except Federal Direct PLUS Loans) to attend such institution for the cohort of borrowers who entered repayment, deferment, or forbearance on such loans in the third preceding fiscal year for which the determination is made. The cohort nonrepayment loan balance of an institution for a fiscal year equals, from the total amount of the loans described in subparagraph (A), the total loan balance of those borrowers who have not made at least a 1 dollar reduction in their principal balance in the 3 consecutive fiscal years since their loans entered repayment, deferment, or forbearance.
The cohort nonrepayment loan balance calculation under clause
(i)shall not take into consideration a borrower who was— in deferment on repayment of a loan described in subparagraph
(A)in the 3 consecutive fiscal years described in clause
(i)due to study in an approved graduate fellowship program or in an approved rehabilitation training program for the disabled; in deferment on repayment of a loan described in subparagraph
(A)in the 3 consecutive fiscal years described in clause
(i)during which time the borrower was in a period of at least half-time enrollment in college or a career school; in deferment on repayment of a loan described in subparagraph
(A)in the 3 consecutive fiscal years described in clause
(i)during which time the borrower was in a period of service qualifying for loan discharge or cancellation under part E; in deferment on repayment of a loan described in subparagraph
(A)in the 3 consecutive fiscal years described in clause
(i)during which time the borrower was on active duty military service during a war, military operation, or national emergency; in mandatory forbearance on repayment of a loan described in subparagraph
(A)for the full fiscal year; or serving as a volunteer under the Peace Corps Act ( 22 U.S.C. 2501 et seq. ) or the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4950 et seq. ), during the 3 consecutive fiscal years described in clause (i). The risk-sharing payment of an institution for a fiscal year equals 20 percent of the amount determined under clause (ii). The amount under this clause is determined by subtracting the amount determined under subclause
(II)from the cohort nonrepayment loan balance determined under subparagraph (B). The amount under this subclause is determined by multiplying the average national unemployment rate, as defined by the Bureau of Labor Statistics, for the 3 previous fiscal years from the date of the determination by the cohort loan balance determined under subparagraph (A). .
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Sec. 4
Risk-sharing payments
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