H.R. 6510

Student Loan Prepayment Standardization Act

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I

112th CONGRESS

2d Session

H. R. 6510

IN THE HOUSE OF REPRESENTATIVES

September 21, 2012

Mr. Deutch (for himself, Ms. Castor of Florida, and Mr. Andrews) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To require holders of Federal student loans and private education loans to apply prepayment amounts toward loans with the highest rates of interest.

1.

Short title

This Act may be cited as the Student Loan Prepayment Standardization Act.

2.

Application of prepayment amounts

Section 455(d) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)) is amended by adding at the end the following new paragraph:

(6)

Application of prepayment amounts

(A)

In general

Notwithstanding any other provision of this subsection or any other provision of law, with respect to private education loans or loans under this part or part B made to a borrower, which are held by the same holder and which have different applicable rates of interest, the holder of such loans shall apply the borrower’s prepayment amount for such loans, first toward any fees due on such loans (including any late charges accrued or collection costs), and then, except if otherwise requested by the borrower, toward the outstanding balance of interest and principal due on the loan with the highest applicable rate of interest among such loans.

(B)

Income-based repayment

Subparagraph (A) shall not apply to an income-based repayment plan under section 493C.

(C)

Definition

The term private education loan has the meaning given the term in section 140 of the Truth in Lending Act.

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3.

Contract requirement

Section 456(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087f(a)(2)) is amended by inserting before the period at the end of the first sentence the following: , including the requirement with respect to the application of prepayment amounts under section 455(d)(6).