§ 1099d. Competitive loan auction pilot program
(a)
Definitions
In this section:
(1)
Eligible Federal PLUS Loan
The term “eligible Federal PLUS Loan” means a loan described in section
1078–2 of this title made to a parent of a dependent student who is a new borrower on or after July 1, 2009.
(2)
Eligible lender
The term “eligible lender” has the meaning given the term in section
1085 of this title.
(b)
Pilot program
The Secretary shall carry out a pilot program under which the Secretary establishes a mechanism for an auction of eligible Federal PLUS Loans in accordance with this subsection. The pilot program shall meet the following requirements:
(1)
Planning and implementation
During the period beginning on September 27, 2007, and ending on June 30, 2009, the Secretary shall plan and implement the pilot program under this subsection. During the planning and implementation, the Secretary shall consult with other Federal agencies with knowledge of, and experience with, auction programs, including the Federal Communication Commission and the Department of the Treasury.
(2)
Origination and disbursement; applicability of section
1078–2
Beginning on July 1, 2009, the Secretary shall arrange for the origination and disbursement of all eligible Federal PLUS Loans in accordance with the provisions of this subsection and the provisions of section
1078–2 of this title that are not inconsistent with this subsection.
(3)
Loan origination mechanism
The Secretary shall establish a loan origination auction mechanism that meets the following requirements:
(A)
Auction for each State
The Secretary administers an auction under this paragraph for each State, under which eligible lenders compete to originate eligible Federal PLUS Loans under this paragraph at all institutions of higher education within such State.
(B)
Prequalification process
The Secretary establishes a prequalification process for eligible lenders desiring to participate in an auction under this paragraph that contains, at a minimum—
(i)
a set of borrower benefits and servicing requirements each eligible lender shall meet in order to participate in such an auction;
(C)
Timing and origination
Each State auction takes place every 2 years, and the eligible lenders with the winning bids for the State are the only eligible lenders permitted to originate eligible Federal PLUS Loans made under this paragraph for the cohort of students at the institutions of higher education within the State until the students graduate from or leave the institutions of higher education.
(D)
Bids
Each eligible lender’s bid consists of the amount of the special allowance payment (after the application of section
1087–1
(b)(2)(I)(v) of this title) the eligible lender proposes to accept from the Secretary with respect to the eligible Federal PLUS Loans made under this paragraph in lieu of the amount determined under section
1087–1
(b)(2)(I) of this title.
(E)
Maximum bid
The maximum bid allowable under this paragraph shall not exceed the amount of the special allowance payable on eligible Federal PLUS Loans made under this paragraph computed under section
1087–1
(b)(2)(I) of this title (other than clauses (ii), (iii), (iv), and (vi) of such section), except that for purposes of the computation under this subparagraph, section
1087–1
(b)(2)(I)(i)(III) of this title shall be applied by substituting “1.79 percent” for “2.34 percent”.
(F)
Winning bids
The winning bids for each State auction shall be the 2 bids containing the lowest and the second lowest proposed special allowance payments, subject to subparagraph (E).
(G)
Agreement with Secretary; compliance
(i)
Agreement
Each eligible lender having a winning bid under subparagraph (F) shall enter into an agreement with the Secretary under which the eligible lender—
(I)
agrees to originate eligible Federal PLUS Loans under this paragraph to each borrower who—
(II)
agrees to accept a special allowance payment (after the application of section
1087–1
(b)(2)(I)(v) of this title) from the Secretary with respect to the eligible Federal PLUS Loans originated under subclause (I) in the amount proposed in the second lowest winning bid described in subparagraph (F) for the applicable State auction.
(ii)
Compliance
If an eligible lender with a winning bid under subparagraph (F) fails to enter into the agreement required under clause (i), or fails to comply with the terms of such agreement, the Secretary may sanction such eligible lender through one or more of the following:
(I)
The assessment of a penalty on such eligible lender for any eligible Federal PLUS Loans that such eligible lender fails to originate under this paragraph in accordance with the agreement required under clause (i), in the amount of the additional costs (including the amounts of any increase in special allowance payments) incurred by the Secretary in obtaining another eligible lender to originate such eligible Federal PLUS Loans. The Secretary shall collect such penalty by—
(H)
Sealed bids; confidentiality
All bids are sealed and the Secretary keeps the bids confidential, including following the announcement of the winning bids.
(I)
Eligible lender of last resort
(i)
In general
In the event that there is no winning bid under subparagraph (F), the students at the institutions of higher education within the State that was the subject of the auction shall be served by an eligible lender of last resort, as determined by the Secretary.
(ii)
Determination of eligible lender of last resort
Prior to the start of any auction under this paragraph, eligible lenders that desire to serve as an eligible lender of last resort shall submit an application to the Secretary at such time and in such manner as the Secretary may determine. Such application shall include an assurance that the eligible lender will meet the prequalification requirements described in subparagraph (B).
(iii)
Geographic location
The Secretary shall identify an eligible lender of last resort for each State.
(iv)
Notification timing
The Secretary shall not identify any eligible lender of last resort until after the announcement of all the winning bids for a State auction for any year.
(v)
Maximum special allowance
The Secretary is authorized to set a special allowance payment that shall be payable to a lender of last resort for a State under this subparagraph, which special allowance payment shall be kept confidential, including following the announcement of winning bids. The Secretary shall set such special allowance payment so that it incurs the lowest possible cost to the Federal Government, taking into consideration the lowest bid that was submitted in an auction for such State and the lowest bid submitted in a similar State, as determined by the Secretary.
(J)
Guarantee against losses
Each eligible Federal PLUS Loan originated under this paragraph shall be insured by a guaranty agency in accordance with part B, except that, notwithstanding section
1078
(b)(1)(G) of this title, such insurance shall be in an amount equal to 99 percent of the unpaid principal and interest due on the loan.
(L)
Consolidation
(i)
In general
An eligible lender who is permitted to originate eligible Federal PLUS Loans for a borrower under this paragraph shall have the option to consolidate such loans into 1 loan.
(ii)
Notification
In the event a borrower with eligible Federal PLUS Loans made under this paragraph wishes to consolidate the loans, the borrower shall notify the eligible lender who originated the loans under this paragraph.
(iii)
Limitation on eligible lender option to consolidate
The option described in clause (i) shall not apply if—
(I)
the borrower includes in the notification in clause (ii) verification of consolidation terms and conditions offered by an eligible lender other than the eligible lender described in clause (i); and
(II)
not later than 10 days after receiving such notification from the borrower, the eligible lender described in clause (i) does not agree to match such terms and conditions, or provide more favorable terms and conditions to such borrower than the offered terms and conditions described in subclause (I).
(iv)
Consolidation of additional loans
If a borrower has a Federal Direct PLUS Loan or a loan made on behalf of a dependent student under section
1078–2 of this title and seeks to consolidate such loan with an eligible Federal PLUS Loan made under this paragraph, then the eligible lender that originated the borrower’s loan under this paragraph may include in the consolidation under this subparagraph a Federal Direct PLUS Loan or a loan made on behalf of a dependent student under section
1078–2 of this title, but only if—
(I)
in the case of a Federal Direct PLUS Loan, the eligible lender agrees, not later than 10 days after the borrower requests such consolidation from the lender, to match the consolidation terms and conditions that would otherwise be available to the borrower if the borrower consolidated such loans in the loan program under part C; or
(II)
in the case of a loan made on behalf of a dependent student under section
1078–2 of this title, the eligible lender agrees, not later than 10 days after the borrower requests such consolidation from the lender, to match the consolidation terms and conditions offered by an eligible lender other than the eligible lender that originated the borrower’s loans under this paragraph.
(v)
Special allowance on consolidation loans that include loans made under this paragraph
The applicable special allowance payment for loans consolidated under this paragraph shall be equal to the lesser of—
(c)
Required initial evaluation
The Secretary and Secretary of the Treasury shall jointly conduct an evaluation, in consultation with the Office of Management and Budget, the Congressional Budget Office, and the Comptroller General, of the pilot program carried out by the Secretary under this section. The evaluation shall determine—
(1)
the extent of the savings to the Federal Government that are generated through the pilot program, compared to the cost the Federal Government would have incurred in operating the PLUS loan program under section
1078–2 of this title in the absence of the pilot program;
(2)
the number of lenders that participated in the pilot program, and the extent to which the pilot program generated competition among lenders to participate in the auctions under the pilot program;
(4)
the effect of the transition to and operation of the pilot program on the ability of—
(A)
lenders participating in the pilot program to originate loans made through the pilot program smoothly and efficiently;
(d)
Reports
(1)
In general
The Secretary and the Secretary of the Treasury shall submit to the authorizing committees—