[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2280 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2280

To amend the Truth in Lending Act and the Higher Education Act of 1965 
to require certain creditors to obtain certifications from institutions 
              of higher education, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2012

Mr. Durbin (for himself and Mr. Harkin) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Truth in Lending Act and the Higher Education Act of 1965 
to require certain creditors to obtain certifications from institutions 
              of higher education, and for other purposes.

    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 ``Know Before You Owe Private Student 
Loan Act of 2012''.

SEC. 2. AMENDMENTS TO THE TRUTH IN LENDING ACT.

    (a) In General.--Section 128(e) of the Truth in Lending Act (15 
U.S.C. 1638(e)) is amended--
            (1) by striking paragraph (3) and inserting the following:
            ``(3) Institutional certification required.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), before a creditor may issue any funds 
                with respect to an extension of credit described in 
                this subsection, the creditor shall obtain from the 
                relevant institution of higher education where such 
                loan is to be used for a student, such institution's 
                certification of--
                            ``(i) the enrollment status of the student;
                            ``(ii) the student's cost of attendance at 
                        the institution as determined by the 
                        institution under part F of title IV of the 
                        Higher Education Act of 1965; and
                            ``(iii) the difference between--
                                    ``(I) such cost of attendance; and
                                    ``(II) the student's estimated 
                                financial assistance, including such 
                                assistance received under title IV of 
                                the Higher Education Act of 1965 and 
                                other financial assistance known to the 
                                institution, as applicable.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                a creditor may issue funds with respect to an extension 
                of credit described in this subsection without 
                obtaining from the relevant institution of higher 
                education such institution's certification if such 
                institution fails to provide within 15 business days of 
                the creditor's request for such certification--
                            ``(i) the requested certification; or
                            ``(ii) notification that the institution 
                        has received the request for certification and 
                        will need additional time to comply with the 
                        certification request.
                    ``(C) Loans disbursed without certification.--If a 
                creditor issues funds without obtaining a 
                certification, as described in subparagraph (B), such 
                creditor shall report the issuance of such funds in a 
                manner determined by the Director of the Consumer 
                Financial Protection Bureau.'';
            (2) by redesignating paragraphs (9), (10), and (11) as 
        paragraphs (10), (11), and (12), respectively; and
            (3) by inserting after paragraph (8) the following:
            ``(9) Provision of information.--
                    ``(A) Provision of information to students.--
                            ``(i) Loan statement.--A creditor that 
                        issues any funds with respect to an extension 
                        of credit described in this subsection shall 
                        send loan statements, where such loan is to be 
                        used for a student, to borrowers of such funds 
                        not less than once every 3 months during the 
                        time that such student is enrolled at an 
                        institution of higher education.
                            ``(ii) Contents of loan statement.--Each 
                        statement described in clause (i) shall--
                                    ``(I) report the borrower's total 
                                remaining debt to the creditor, 
                                including accrued but unpaid interest 
                                and capitalized interest;
                                    ``(II) report any debt increases 
                                since the last statement; and
                                    ``(III) list the current interest 
                                rate for each loan.
                    ``(B) Notification of loans disbursed without 
                certification.--On or before the date a creditor issues 
                any funds with respect to an extension of credit 
                described in this subsection, the creditor shall notify 
                the relevant institution of higher education, in 
                writing, of the amount of the extension of credit and 
                the student on whose behalf credit is extended. The 
                form of such written notification shall be subject to 
                the regulations of the Consumer Financial Protection 
                Bureau.
                    ``(C) Annual report.--A creditor that issues funds 
                with respect to an extension of credit described in 
                this subsection shall prepare and submit an annual 
                report to the Consumer Financial Protection Bureau 
                containing the required information about private 
                student loans to be determined by the Consumer 
                Financial Protection Bureau, in consultation with the 
                Secretary of Education.''.
    (b) Definition of Private Education Loan.--Section 140(a)(7)(A) of 
the Truth in Lending Act (15 U.S.C. 1650(a)(7)(A)) is amended--
            (1) by redesignating clause (ii) as clause (iii);
            (2) in clause (i), by striking ``and'' after the semicolon; 
        and
            (3) by adding after clause (i) the following:
                            ``(ii) is not made, insured, or guaranteed 
                        under title VII or title VIII of the Public 
                        Health Service Act (42 U.S.C. 292 et seq. and 
                        296 et seq.); and''.
    (c) Regulations.--Not later than 365 days after the date of 
enactment of this Act, the Consumer Financial Protection Bureau shall 
issue regulations in final form to implement paragraphs (3) and (9) of 
section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)), as 
amended by subsection (a). Such regulations shall become effective not 
later than 6 months after their date of issuance.

SEC. 3. AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965.

    (a) Amendment to the Higher Education Act of 1965.--Section 487(a) 
of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by 
striking paragraph (28) and inserting the following:
            ``(28)(A) The institution shall--
                            ``(i) upon the request of a private 
                        educational lender, acting in connection with 
                        an application initiated by a borrower for a 
                        private education loan in accordance with 
                        section 128(e)(3) of the Truth in Lending Act, 
                        provide certification to such private 
                        educational lender--
                                    ``(I) that the student who 
                                initiated the application for the 
                                private education loan, or on whose 
                                behalf the application was initiated, 
                                is enrolled or is scheduled to enroll 
                                at the institution;
                                    ``(II) of such student's cost of 
                                attendance at the institution as 
                                determined under part F of this title; 
                                and
                                    ``(III) of the difference between--
                                            ``(aa) the cost of 
                                        attendance at the institution; 
                                        and
                                            ``(bb) the student's 
                                        estimated financial assistance 
                                        received under this title and 
                                        other assistance known to the 
                                        institution, as applicable; and
                            ``(ii) provide the certification described 
                        in clause (i), or notify the creditor that the 
                        institution has received the request for 
                        certification and will need additional time to 
                        comply with the certification request--
                                    ``(I) within 15 business days of 
                                receipt of such certification request; 
                                and
                                    ``(II) only after the institution 
                                has completed the activities described 
                                in subparagraph (B).
                    ``(B) The institution shall, upon receipt of a 
                certification request described in subparagraph (A)(i), 
                and prior to providing such certification--
                            ``(i) determine whether the student who 
                        initiated the application for the private 
                        education loan, or on whose behalf the 
                        application was initiated, has applied for and 
                        exhausted the Federal financial assistance 
                        available to such student under this title and 
                        inform the student accordingly; and
                            ``(ii) provide the borrower whose loan 
                        application has prompted the certification 
                        request by a private education lender, as 
                        described in subparagraph (A)(i), with the 
                        following information and disclosures:
                                    ``(I) The availability of, and the 
                                borrower's potential eligibility for, 
                                Federal financial assistance under this 
                                title, including disclosing the terms, 
                                conditions, interest rates, and 
                                repayment options and programs of 
                                Federal student loans.
                                    ``(II) The borrower's ability to 
                                select a private educational lender of 
                                the borrower's choice.
                                    ``(III) The impact of a proposed 
                                private education loan on the 
                                borrower's potential eligibility for 
                                other financial assistance, including 
                                Federal financial assistance under this 
                                title.
                                    ``(IV) The borrower's right to 
                                accept or reject a private education 
                                loan within the 30-day period following 
                                a private educational lender's approval 
                                of a borrower's application and about a 
                                borrower's 3-day right to cancel 
                                period.
                    ``(C) For purposes of this paragraph, the terms 
                `private educational lender' and `private education 
                loan' have the meanings given such terms in section 140 
                of the Truth in Lending Act (15 U.S.C. 1650).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the effective date of the regulations described in 
section 2(c).

SEC. 4. REPORT.

    Not later than 24 months after the issuance of regulations under 
section 2(c), the Director of the Consumer Financial Protection Bureau 
and the Secretary of Education shall jointly submit to Congress a 
report on the compliance of institutions of higher education and 
private educational lenders with section 128(e)(3) of the Truth in 
Lending Act (15 U.S.C. 1638(e)), as amended by section 2, and section 
487(a)(28) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)), as 
amended by section 3. Such report shall include information about the 
degree to which specific institutions utilize certifications in 
effectively encouraging the exhaustion of Federal student loan 
eligibility and lowering student private education loan debt.
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