The Joint Consolidation Loan Separation (JCLs) Act
A proposal by Senators Mark R. Warner, Marco Rubio, and John Cornyn to provide relief to borrowers who previously consolidated their student loan debt, including victims of domestic or economic abuse, or those with an uncommunicative partner.
The Problem:
From January 1, 1993, until June 30, 2006, the U.S. Department of Education issued joint consolidation loans to married couples. Both borrowers agreed at the time to be jointly liable for repayment, which proved problematic in the event of divorce. Congress eliminated the program effective July 1, 2006, but did not provide a means of severing existing loans, even in the event of domestic violence, financial abuse, or an unresponsive partner. As a result, there are borrowers nationwide who remain liable for their abusive or uncommunicative
spouse’s consolidated debt with no legal options for rel
ief.
The Bill:
To provide a remedy for this untenable situation, the Joint Consolidation Loan Separation (JCLs) Act would allow borrowers to submit an application to the Department of Education (ED) to split the joint consolidation loan into two separate federal direct loans. The remainder of the joint consolidation loan (unpaid loan and accrued unpaid interest) will be split proportionally based on the percentage of the loan that each borrower initially contributed. The two new federal direct loans will have the same interest rates as the joint consolidation loan. Each borrower will also have the ability to transfer eligible payments made on the joint consolidation loan towards income-driven repayment programs and the Public Service Loan Forgiveness program. This legislation would allow two borrowers to submit a joint application to sever their joint consolidation loan, or allow one borrower to submit a separate application in certain circumstances. Those separate applications could be requested when:
One borrower is the victim of domestic or economic abuse
One borrower has certified that they are unable to reasonably reach or access the loan information of the other borrower
Additional case-by-case bases determined by the Secretary While the universe of joint consolidation loans still being serviced is relatively small, the impact of the legislation would be huge for the individual borrowers who are most in need of relief, including victims of domestic and economic abuse.
Support:
The bill is endorsed by the National Network to End Domestic Violence, the National Consumer Law Center (on behalf of its low-income clients), the North Carolina Coalition Against Domestic Violence, and the Virginia Sexual and Domestic Violence Action Alliance.
Legislative History:
In the 115
th
Congress, the bill was introduced on June 20, 2017, by Senators Warner, Hatch, Warren, and Rubio in the Senate and Representatives David Price and Bradley Byrne in the House. The language was later incorporated in the Aim Higher Act (H.R. 6543) and the Affordable Loans for Any Student Act (S. 3584).
If you have any further questions, please contact Lauren Marshall in Senator Warner’s office at
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