Sec. 4111. Automatic income monitoring procedures after a total and permanent disability discharge
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Section 437(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1087(a) ) is amended by adding at the end the following: Not later than 2 years after the date of enactment of the College Affordability Act , the Secretary shall establish and implement, with respect to any borrower described in subparagraph (B), procedures to— obtain (for each year of the income-monitoring period described in subparagraph
(B)and without further action by the borrower) such information as is reasonably necessary regarding the income of such borrower for the purpose of determining the borrower’s continued eligibility for the loan discharge described in subparagraph
(B)for such year, and any other information necessary to determine such continued eligibility of the borrower for such year, except that in the case of a borrower whose returns and return information indicate that the borrower has no earned income for any year of such income-monitoring period, such borrower shall be treated as not having earned income in excess of the poverty line for such year subject to clause (ii); allow the borrower, at any time, to opt out of clause
(i)and prevent the Secretary from obtaining information under such clause without further action by the borrower; and provide the borrower with an opportunity to update the information obtained under clause
(i)before the determination of the borrower’s continued eligibility for such loan discharge for such year. Subparagraph
(A)shall apply— to each borrower of a covered loan (defined in section 455(d)(10)) that is discharged under this subsection or section 464(c)(1)(F) due to the permanent and total disability of the borrower; and during the income-monitoring period under this subsection, defined in this paragraph as the period— beginning on the date on which such loan is so discharged; and during which the Secretary determines whether a reinstatement of the obligation of, and resumption of collection on, such loan may be necessary. .
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Sec. 4111
Automatic income monitoring procedures after a total and permanent disability discharge
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