I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘College Completion 

5 and Success Act’’. 

6 SEC. 2. INSTITUTIONAL REFUNDS. 

7 Section 484B of the Higher Education Act of 1965 

8 (20 U.S.C. 1091b) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1)— 


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1 (i) by striking ‘‘If a recipient’’ and in2 serting the following: 

3 ‘‘(A) CONSEQUENCE OF WITHDRAWAL.—If 

4 a recipient’’; and 

5 (ii) by adding at the end the fol6 lowing: 

7 ‘‘(B) SPECIAL RULE.—For purposes of 

8 subparagraph (A), a student— 

9 ‘‘(i) who is enrolled in a program of10 fered in modules is not considered with11 drawn if the change in the student’s at12 tendance constitutes a change in enroll13 ment status within the payment period 

14 rather than a discontinuance of attendance 

15 within the payment period; and 

16 ‘‘(ii) is considered withdrawn if the 

17 student follows the institution’s official 

18 withdrawal procedures or leaves without 

19 notifying the institution and has not re20 turned before the end of the payment pe21 riod.’’; 

22 (B) in paragraph (3)(B), by striking 

23 clauses (i) and (ii) and inserting the following: 

24 ‘‘(i) 0 percent, if the day the student 

25 withdrew occurs when the student has 


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1 completed (as determined in accordance 

2 with subsection (d)) 0 to 24 percent of the 

3 payment period or period of enrollment; 

4 ‘‘(ii) 25 percent, if the day the stu5 dent withdrew occurs when the student has 

6 completed (as determined in accordance 

7 with subsection (d)) 25 to 49 percent of 

8 the payment period or period of enroll9 ment; 

10 ‘‘(iii) 50 percent, if the day the stu11 dent withdrew occurs when the student has 

12 completed (as determined in accordance 

13 with subsection (d)) 50 to 74 percent of 

14 the payment period or period of enroll15 ment; or 

16 ‘‘(iv) 75 percent, if the day the stu17 dent withdrew occurs when the student has 

18 completed (as determined in accordance 

19 with subsection (d)) 75 to 99 percent of 

20 the payment period or period of enroll21 ment.’’; and 

22 (C) in paragraph (4)— 

23 (i) in subparagraph (A), by striking 

24 ‘‘Secretary), the institution of higher edu25 cation shall contact the borrower’’ and inVerDate Sep 11 2014 23:07 Nov 15, 2017 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4336.IH H4336

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1 serting ‘‘Secretary), the institution of high2 er education shall have discretion to deter3 mine whether all or a portion of the late or 

4 post-withdrawal disbursement should be 

5 made, under a publicized institutional pol6 icy. If the institution of higher education 

7 determines that a disbursement should be 

8 made, the institution shall contact the bor9 rower’’; and 

10 (ii) in subparagraph (B) by striking 

11 ‘‘institution or the student, or both, as 

12 may be required under paragraphs (1) and 

13 (2) of subsection (b), to the programs 

14 under this title in the order specified in’’ 

15 and inserting ‘‘institution, as may be re16 quired under paragraph (1) of subsection 

17 (b), to the programs under this title in ac18 cordance with’’; 

19 (2) by amending subsection (b) to read as fol20 lows: 

21 ‘‘(b) RETURN OF TITLE IV PROGRAM FUNDS.— 

22 ‘‘(1) RESPONSIBILITY OF THE INSTITUTION.— 

23 The institution shall return not later than 60 days 

24 from the determination of withdrawal, in accordance 

25 with paragraph (3), the amount of grant and loan 


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1 assistance awarded under this title that has not been 

2 earned by the student, as calculated under sub3 section (a)(3)(C). 

4 ‘‘(2) RESPONSIBILITY OF THE STUDENT.— 

5 ‘‘(A) IN GENERAL.—The student is not re6 sponsible to return assistance that has not been 

7 earned; however, the institution may require the 

8 student to pay to the institution up to 10 per9 cent of the amount owed by the institution in 

10 paragraph (1). 

11 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

12 in this section shall be construed to prevent an 

13 institution from enforcing the published institu14 tional refund policies of such institution. 

15 ‘‘(3) ORDER OF RETURN OF TITLE IV FUNDS.— 

16 ‘‘(A) IN GENERAL.—Excess funds returned 

17 by the institution in accordance with paragraph 

18 (1) shall be credited to awards under subparts 

19 1 and 3 of part A for the payment period or pe20 riod of enrollment for which a return of funds 

21 is required. 

22 ‘‘(B) REMAINING EXCESSES.—If excess 

23 funds remain after repaying all outstanding 

24 grant amounts, the remaining excess shall be 

25 credited in the following order: 


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1 ‘‘(i) To outstanding balances on loans 

2 made under this title to the student or on 

3 behalf of the student for the payment pe4 riod or period of enrollment for which a re5 turn of funds is required. 

6 ‘‘(ii) To other assistance awarded 

7 under this title for which a return of funds 

8 is required.’’; 

9 (3) by amending subsection (c) to read as fol10 lows: 

11 ‘‘(c) WITHDRAWAL DATE.— 

12 ‘‘(1) IN GENERAL.—In this section, the term 

13 ‘day the student withdrew’— 

14 ‘‘(A) for institutions not required to take 

15 attendance, is the date as determined by the in16 stitution that— 

17 ‘‘(i) the student began the withdrawal 

18 process prescribed and publicized by the 

19 institution, or a later date if the student 

20 continued attendance despite beginning the 

21 withdrawal process, but did not then com22 plete the payment period; or 

23 ‘‘(ii) in the case of a student who does 

24 not begin the withdrawal process, the date 

25 that is the mid-point of the payment period 


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1 for which assistance under this title was 

2 disbursed or another date documented by 

3 the institution; or 

4 ‘‘(B) for institutions required to take at5 tendance, is determined by the institution from 

6 such attendance records. 

7 ‘‘(2) SPECIAL RULE.—Notwithstanding para8 graph (1), if the institution determines that a stu9 dent did not begin the withdrawal process, due to ill10 ness, accident, grievous personal loss, or other such 

11 circumstances beyond the student’s control, the in12 stitution may determine the appropriate withdrawal 

13 date under its own defined policies. 

14 ‘‘(3) ATTENDANCE.—An institution is required 

15 to take attendance if an institution’s accrediting 

16 agency or State licensing agency has a requirement 

17 that the institution take attendance for all students 

18 in an academic program throughout the entire pay19 ment period.’’; and 

20 (4) by striking subsections (d) and (e). 

Æ 


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