S. 2432 — 113th Congress

Bank on Students Emergency Loan Refinancing Act

Originated in the Senate · Introduced Jun 4, 2014 · Education

Latest action

Sep 18, 2014

Motion to proceed to consideration of measure made in Senate. (consideration: CR S5725-5726)

CRS summary

As of Jun 4, 2014

Introduced in Senate

Bank on Students Emergency Loan Refinancing Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to establish a program to refinance the unpaid principal, accrued unpaid interest, and late charges on: (1) the William D. Ford Federal Direct Loans (DLs) of qualified borrowers if the DLs were first disbursed or, in the case of Direct Consolidation Loans, applied for, before July 1, 2013; and (2) the Federal Family Education Loans (FFELs) of qualified borrowers as DLs. (FFELs were not disbursed after June 30, 2010.)

Refinances the FFELs as Federal Direct Stafford, Unsubsidized Stafford, PLUS, or Consolidated Loans depending on the categorization of the FFEL as a Stafford, Unsubsidized Stafford, PLUS, or Consolidated Loan.

Sets the interest rate on the refinanced loans, other than the Federal Direct Consolidation Loans, at the rate for the 12 months beginning on July 1, 2013, based on: (1) the DL's categorization; and (2) in the case of Stafford Loans, whether the loan was issued to an undergraduate or graduate student.

Determines a refinanced Consolidation Loan's interest rate by: (1) weighing the proportion of the unpaid balance of the Consolidation Loan that each component loan represents, (2) setting the interest rate on each component loan at the lesser of the rate on the component loan for the 12 months beginning on July 1, 2013, or its original rate, and (3) applying the weighted average of the interest rates on those loans as the interest rate on the Consolidation Loan.

Fixes the interest rate on the refinanced loans for the period of such loans.

Directs the Secretary to establish eligibility requirements that are based on a borrower's income or debt-to-income ratio and that take into consideration providing access to refinancing for borrowers who have the greatest financial need.

Requires the Secretary to establish a program to refinance the unpaid principal, accrued unpaid interest, and late charges on private education loans as Federal Direct Refinanced Private Loans if the private education loans were first disbursed to qualified borrowers before July 1, 2013, and were for their postsecondary educational expenses.

Sets the interest rate on Federal Direct Refinanced Private Loans at the rate applicable for the 12 months beginning on July 1, 2013, to: (1) Direct Stafford and Unsubsidized Stafford Loans issued to undergraduates if the private education loan was issued for undergraduate expenses, (2) Direct Unsubsidized Stafford Loans issued to graduate or professional students if the private education loan was issued for graduate or professional studies, or (3) Direct PLUS Loans if the private education loan was issued for undergraduate and graduate or professional studies.

Fixes the interest rate on such loans for the period of such loans.

Directs the Secretary to establish eligibility requirements that: (1) are based on a borrower's income or debt-to-income ratio and take into consideration providing access to refinancing for borrowers who have the greatest financial need, (2) ensure eligibility only for borrowers in good standing, (3) minimize inequities between Federal Direct Refinanced Private Loans and other federal student loans, and (4) preclude windfall profits for private educational lenders.

Requires qualified borrowers of such loans to undergo loan counseling before their private education loan is refinanced.

Requires private educational lenders to report specified loan information to the Secretary, Congress, the Secretary of the Treasury, and the Director of the Consumer Financial Protection Bureau (CFPB) in order to allow for an assessment of the private education loan market.

Directs the Secretary to undertake a campaign to alert borrowers that they may be eligible for refinancing under this Act.

Amends the Internal Revenue Code to require an individual taxpayer whose adjusted gross income exceeds $1 million to pay a minimum tax rate of 30% of the excess of the taxpayer's adjusted gross income over the taxpayer's modified charitable contribution deduction for the taxable year (tentative fair share tax). Establishes the amount of such tax as the excess (if any) of the tentative fair share tax over the excess of: (1) the sum of the taxpayer's regular tax liability, the alternative minimum tax (AMT) amount, and the payroll tax for the taxable year; over (2) certain tax credits. Provides for a phase-in of such tax. Requires an inflation adjustment to the $1 million income threshold for taxable years beginning after 2015.

Requires the Secretary to terminate this Act's refinancing programs on the earlier of the date: (1) when the net cost of carrying out the programs is equal to the Secretary's estimate of the amount of additional revenue generated during the 10-year period beginning on the date of this Act's enactment due to the fair share tax, or (2) that is two years after this Act's enactment.

Congressional Research Service, via api.congress.gov (public domain)

Roll-call votes

1 on record

Jun 11, 2014 · On Cloture on the Motion to Proceed

Full roll call

Cloture on the Motion to Proceed Rejected (56–38)

Yea56: 50 D · 3 I · 3 R

MemberPartyState
Mark BegichDemocratAK
Mark L. PryorDemocratAR
Barbara BoxerDemocratCA
Dianne FeinsteinDemocratCA
Mark UdallDemocratCO
Michael F. BennetDemocratCO
Christopher MurphyDemocratCT
Richard BlumenthalDemocratCT
Christopher A. CoonsDemocratDE
Thomas R. CarperDemocratDE
Bill NelsonDemocratFL
Brian SchatzDemocratHI
Mazie K. HironoDemocratHI
Tom HarkinDemocratIA
Richard J. DurbinDemocratIL
Joe DonnellyDemocratIN
Mary L. LandrieuDemocratLA
Edward J. MarkeyDemocratMA
Elizabeth WarrenDemocratMA
Barbara A. MikulskiDemocratMD
Benjamin L. CardinDemocratMD
Carl LevinDemocratMI
Debbie StabenowDemocratMI
Al FrankenDemocratMN
Amy KlobucharDemocratMN
John E. WalshDemocratMT
Jon TesterDemocratMT
Kay R. HaganDemocratNC
Heidi HeitkampDemocratND
Jeanne ShaheenDemocratNH
Cory A. BookerDemocratNJ
Robert MenendezDemocratNJ
Martin HeinrichDemocratNM
Tom UdallDemocratNM
Charles E. SchumerDemocratNY
Kirsten E. GillibrandDemocratNY
Sherrod BrownDemocratOH
Jeff MerkleyDemocratOR
Ron WydenDemocratOR
Robert P. Casey, Jr.DemocratPA
Jack ReedDemocratRI
Sheldon WhitehouseDemocratRI
Tim JohnsonDemocratSD
Mark R. WarnerDemocratVA
Tim KaineDemocratVA
Patrick J. LeahyDemocratVT
Maria CantwellDemocratWA
Patty MurrayDemocratWA
Tammy BaldwinDemocratWI
John D. Rockefeller, IVDemocratWV
Angus S. King, Jr.IndependentME
Bernard SandersIndependentVT
Joe Manchin, IIIIndependentWV
Lisa MurkowskiRepublicanAK
Susan M. CollinsRepublicanME
Bob CorkerRepublicanTN

Nay38: 37 R · 1 D

MemberPartyState
Harry ReidDemocratNV
Jeff SessionsRepublicanAL
Richard C. ShelbyRepublicanAL
John BoozmanRepublicanAR
Jeff FlakeRepublicanAZ
John McCainRepublicanAZ
Marco RubioRepublicanFL
Johnny IsaksonRepublicanGA
Saxby ChamblissRepublicanGA
Chuck GrassleyRepublicanIA
James E. RischRepublicanID
Mike CrapoRepublicanID
Mark KirkRepublicanIL
Daniel CoatsRepublicanIN
Pat RobertsRepublicanKS
Mitch McConnellRepublicanKY
Rand PaulRepublicanKY
David VitterRepublicanLA
Roy BluntRepublicanMO
Roger F. WickerRepublicanMS
Richard BurrRepublicanNC
John HoevenRepublicanND
Deb FischerRepublicanNE
Mike JohannsRepublicanNE
Dean HellerRepublicanNV
Rob PortmanRepublicanOH
James M. InhofeRepublicanOK
Tom CoburnRepublicanOK
Patrick J. ToomeyRepublicanPA
John ThuneRepublicanSD
Lamar AlexanderRepublicanTN
John CornynRepublicanTX
Ted CruzRepublicanTX
Mike LeeRepublicanUT
Orrin G. HatchRepublicanUT
Ron JohnsonRepublicanWI
John BarrassoRepublicanWY
Michael B. EnziRepublicanWY

Not Voting6: 5 R · 1 D

MemberPartyState
Claire McCaskillDemocratMO
Jerry MoranRepublicanKS
Thad CochranRepublicanMS
Kelly AyotteRepublicanNH
Lindsey GrahamRepublicanSC
Tim ScottRepublicanSC

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