II
115th CONGRESS
1st Session
S. 1066
IN THE SENATE OF THE UNITED STATES
May 8, 2017
Mr. Peters (for himself and Mrs. Capito) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs
A BILL
To provide for the removal of default information from a borrower’s credit report with respect to certain rehabilitated education loans.
Short title
This Act may be cited as the Federal Adjustment in Reporting Student Credit Act of 2017
or the FAIR Student Credit Act of 2017
.
Rehabilitation of qualified education loans
Section 623(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681s–2(a)(1)) is amended by adding at the end the following:
Rehabilitation of qualified education loans
In general
Notwithstanding any other provision of this section, a person may request to remove a previously reported default regarding a qualified education loan from a consumer report, and such request shall not be considered inaccurate, if—
the lender chooses to offer a loan rehabilitation program that requires a number of consecutive on-time monthly payments, in accordance with the terms and conditions of the loan rehabilitation program, or any valid and legally binding modification thereto, equal to the number of payments specified under section 428F(a)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1078–6(a)(1)(A)); and
the consumer of such loan successfully and voluntarily meets the requirements of that loan rehabilitation program.
Limitation
A consumer may obtain the benefits available under this subsection with respect to rehabilitating a loan only one time per loan.
Qualified education loan defined
For purposes of this subparagraph, the term qualified education loan has the meaning given such term under section 221(d) of the Internal Revenue Code of 1986.
.
GAO Study
Study
The Comptroller General of the United States shall carry out a study on—
the implementation of section 623(a)(1)(E) of the Fair Credit Reporting Act, as added by section 2; and
any hurdles borrowers experience with the private loan rehabilitation program.
Report
Not later than the end of the 18-month period beginning on the date of the enactment of this Act, the Comptroller General shall issue a report to the Congress containing all findings and determinations made in carrying out the study required under subsection (a).