[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4336 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4336

 To amend the institutional refunds provision of the Higher Education 
                              Act of 1965.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 2017

Mr. Lewis of Minnesota (for himself, Mr. Ferguson, Mr. Garrett, and Mr. 
   Smucker) introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To amend the institutional refunds provision of the Higher Education 
                              Act of 1965.

    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 ``College Completion and Success 
Act''.

SEC. 2. INSTITUTIONAL REFUNDS.

    Section 484B of the Higher Education Act of 1965 (20 U.S.C. 1091b) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``If a recipient'' and 
                        inserting the following:
                    ``(A) Consequence of withdrawal.--If a recipient''; 
                and
                            (ii) by adding at the end the following:
                    ``(B) Special rule.--For purposes of subparagraph 
                (A), a student--
                            ``(i) who is enrolled in a program offered 
                        in modules is not considered withdrawn if the 
                        change in the student's attendance constitutes 
                        a change in enrollment status within the 
                        payment period rather than a discontinuance of 
                        attendance within the payment period; and
                            ``(ii) is considered withdrawn if the 
                        student follows the institution's official 
                        withdrawal procedures or leaves without 
                        notifying the institution and has not returned 
                        before the end of the payment period.'';
                    (B) in paragraph (3)(B), by striking clauses (i) 
                and (ii) and inserting the following:
                            ``(i) 0 percent, if the day the student 
                        withdrew occurs when the student has completed 
                        (as determined in accordance with subsection 
                        (d)) 0 to 24 percent of the payment period or 
                        period of enrollment;
                            ``(ii) 25 percent, if the day the student 
                        withdrew occurs when the student has completed 
                        (as determined in accordance with subsection 
                        (d)) 25 to 49 percent of the payment period or 
                        period of enrollment;
                            ``(iii) 50 percent, if the day the student 
                        withdrew occurs when the student has completed 
                        (as determined in accordance with subsection 
                        (d)) 50 to 74 percent of the payment period or 
                        period of enrollment; or
                            ``(iv) 75 percent, if the day the student 
                        withdrew occurs when the student has completed 
                        (as determined in accordance with subsection 
                        (d)) 75 to 99 percent of the payment period or 
                        period of enrollment.''; and
                    (C) in paragraph (4)--
                            (i) in subparagraph (A), by striking 
                        ``Secretary), the institution of higher 
                        education shall contact the borrower'' and 
                        inserting ``Secretary), the institution of 
                        higher education shall have discretion to 
                        determine whether all or a portion of the late 
                        or post-withdrawal disbursement should be made, 
                        under a publicized institutional policy. If the 
                        institution of higher education determines that 
                        a disbursement should be made, the institution 
                        shall contact the borrower''; and
                            (ii) in subparagraph (B) by striking 
                        ``institution or the student, or both, as may 
                        be required under paragraphs (1) and (2) of 
                        subsection (b), to the programs under this 
                        title in the order specified in'' and inserting 
                        ``institution, as may be required under 
                        paragraph (1) of subsection (b), to the 
                        programs under this title in accordance with'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Return of Title IV Program Funds.--
            ``(1) Responsibility of the institution.--The institution 
        shall return not later than 60 days from the determination of 
        withdrawal, in accordance with paragraph (3), the amount of 
        grant and loan assistance awarded under this title that has not 
        been earned by the student, as calculated under subsection 
        (a)(3)(C).
            ``(2) Responsibility of the student.--
                    ``(A) In general.--The student is not responsible 
                to return assistance that has not been earned; however, 
                the institution may require the student to pay to the 
                institution up to 10 percent of the amount owed by the 
                institution in paragraph (1).
                    ``(B) Rule of construction.--Nothing in this 
                section shall be construed to prevent an institution 
                from enforcing the published institutional refund 
                policies of such institution.
            ``(3) Order of return of title iv funds.--
                    ``(A) In general.--Excess funds returned by the 
                institution in accordance with paragraph (1) shall be 
                credited to awards under subparts 1 and 3 of part A for 
                the payment period or period of enrollment for which a 
                return of funds is required.
                    ``(B) Remaining excesses.--If excess funds remain 
                after repaying all outstanding grant amounts, the 
                remaining excess shall be credited in the following 
                order:
                            ``(i) To outstanding balances on loans made 
                        under this title to the student or on behalf of 
                        the student for the payment period or period of 
                        enrollment for which a return of funds is 
                        required.
                            ``(ii) To other assistance awarded under 
                        this title for which a return of funds is 
                        required.'';
            (3) by amending subsection (c) to read as follows:
    ``(c) Withdrawal Date.--
            ``(1) In general.--In this section, the term `day the 
        student withdrew'--
                    ``(A) for institutions not required to take 
                attendance, is the date as determined by the 
                institution that--
                            ``(i) the student began the withdrawal 
                        process prescribed and publicized by the 
                        institution, or a later date if the student 
                        continued attendance despite beginning the 
                        withdrawal process, but did not then complete 
                        the payment period; or
                            ``(ii) in the case of a student who does 
                        not begin the withdrawal process, the date that 
                        is the mid-point of the payment period for 
                        which assistance under this title was disbursed 
                        or another date documented by the institution; 
                        or
                    ``(B) for institutions required to take attendance, 
                is determined by the institution from such attendance 
                records.
            ``(2) Special rule.--Notwithstanding paragraph (1), if the 
        institution determines that a student did not begin the 
        withdrawal process, due to illness, accident, grievous personal 
        loss, or other such circumstances beyond the student's control, 
        the institution may determine the appropriate withdrawal date 
        under its own defined policies.
            ``(3) Attendance.--An institution is required to take 
        attendance if an institution's accrediting agency or State 
        licensing agency has a requirement that the institution take 
        attendance for all students in an academic program throughout 
        the entire payment period.''; and
            (4) by striking subsections (d) and (e).
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