S.Amdt. 2096Senate115th Congress (2017-2019)
S.Amdt. 2096
Sponsored by
Sen. Jeanne Shaheen (D-NH)
Submitted March 7, 2018
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Senate amendment submitted
March 7, 2018
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Submitted
SA 2096. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 2155, to promote economic growth, provide tailored regulatory relief, and enhance consumer protections, and for other purposes; which was ordered to lie on the table; as follows: At the end of title III, insert the following: SEC. 308. SIMPLIFYING ACCESS TO STUDENT LOAN INFORMATION. (a) Amendment to the Truth in Lending Act.-- (1) In general.--Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended by adding at the end the following: ``(12) National student loan data system.-- ``(A) In general.--Each private educational lender shall, in accordance with title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.)-- ``(i) submit to the Secretary of Education for inclusion in the National Student Loan Data System established under section 485B of the Higher Education Act of 1965 (20 U.S.C. 1092b) information regarding each private education loan made by such lender that will allow for the electronic exchange of data between borrowers of private education loans and the System; and ``(ii) in carrying out clause (i), ensure the privacy of private education loan borrowers. ``(B) Information to be submitted.--The information regarding private education loans required under subparagraph (A) to be included in the National Student Loan Data System shall include the following if determined appropriate by the Secretary of Education: ``(i) The total amount and type of each such loan made, including outstanding interest and outstanding principal on such loan. ``(ii) The interest rate of each such loan made. ``(iii) Information regarding the borrower that the Secretary of Education determines is necessary to ensure the electronic exchange of data between borrowers of private education loans and the System. ``(iv) Information, including contact information, regarding the lender that owns the loan. ``(v) Information, including contact information, regarding the servicer that is handling the loan. ``(vi) Information concerning the date of any failure to repay a loan according to the terms agreed to in the promissory note, such as a default on the loan, and the collection of the loan, including any information concerning the repayment status of that loan. ``(vii) Information regarding any instance in which the borrower has been allowed to temporarily stop making payments or to temporarily reduce monthly payment amounts for a specified period, such as a deferment or forbearance granted on the loan. ``(viii) The date of the completion of repayment by the borrower of the loan. ``(ix) Any other information determined by the Secretary of Education to be necessary for the operation of the National Student Loan Data System. ``(C) Update.--Each private educational lender shall update the information regarding private education loans required under subparagraph (A) to be included in the National Student Loan Data System on the same schedule as information is updated under the System under section 485B of the Higher Education Act of 1965 (20 U.S.C. 1092b).''. (2) Effective date.--The amendment made by paragraph (1) shall apply to private education loans that are made for the 2018-2019 academic year or later. (b) Amendment to the Higher Education Act of 1965.--Section 485B of the Higher Education Act of 1965 (20 U.S.C. 1092b) is amended-- (1) in subsection (d)-- (A) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (B) by inserting after paragraph (4) the following: ``(5) ensuring that the data system-- ``(A) displays for borrowers the date the borrower's information was last updated; ``(B) includes a statement that the most accurate and up- to-date information can be found by contacting the borrower's loan servicer; and ``(C) includes contact information for each loan servicer;''; and (2) by adding at the end the following: ``(i) Private Education Loans.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the National Student Loan Data System established pursuant to subsection (a) shall contain the information required to be included under section 128(e)(12) of the Truth in Lending Act (15 U.S.C. 1638(e)(12)). ``(2) Cosigner.--Notwithstanding any other provision of law, the Secretary shall ensure that any cosigner of a private education loan for which information is included in the National Student Loan Data System-- ``(A) is able to access the information in such System with respect to such private education loan in a separate account for such cosigner; and ``(B) does not have access to any information in such System with respect to any loan for which the cosigner has not cosigned. ``(3) Privacy.--The Secretary shall ensure that a private educational lender-- ``(A) has access to the National Student Loan Data System only to submit information for such System regarding the private education loans of such lender; and ``(B) may not see information in the System regarding the loans of any other lender. ``(j) Additional Nslds Functionalities.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall establish-- ``(1) a functionality within the National Student Loan Data System established pursuant to subsection (a) that enables a student borrower of a loan made, insured, or guaranteed under this title to input information necessary for the estimation of repayment amounts under the various repayment plans available to the borrower of such loan to compare such repayment plans; and ``(2) a functionality within the National Student Loan Data System established pursuant to subsection (a) that facilitates the reporting of student enrollment status information to private educational lenders who have reported open loans for such students.''. ______