; and (B) an attorney employed by a State agency, a Federal agency, or a nonprofit organization that is qualified to provide legal representation to borrowers. (2) The term substantial misrepresentation has the meaning given that term in section 487(c)(3)(C). . (b) Conforming amendment Subsection (h) of section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e ) is repealed. 4633. On-time repayment rates Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 et seq.), as amended by the preceding sections, is further amended by adding at the end the following: 493I. On-time repayment rates (a) Calculation of on-Time repayment rates (1) On-time repayment rate defined (A) In general The term on-time repayment rate means for any fiscal year in which 30 or more current and former students at an institution have been in repayment for 3 years on any covered loan received for attendance at the institution, the percentage of such current and former students who have paid at least 90 percent of the monthly payments on such loan during such 3-year repayment period. (B) Small cohorts For any fiscal year in which fewer than 30 of an institution’s current and former students have been in repayment for 3 years, the term on-time repayment rate means the percentage of such current and former students who entered their 3rd year of repayment on any covered loan received for attendance at the institution in any of the 3 most recent fiscal years and who have paid at least 90 percent of the monthly payments on such loan during such 3-year repayment period. (2) Additional requirements for rate determination (A) Multiple institutions In the case of a student who has attended and borrowed a covered loan for attendance at more than one institution, the student (and such student's subsequent repayment or monthly payment on such loan) is attributed to each institution for attendance at which the student received such loan for which the student entered the 3rd year of repayment in the fiscal year for which the