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house Bill H. Joint Res. 76

Should Congress Overturn the Trump Admin’s Changes to the Student Borrower Loan Forgiveness Rule?

Argument in favor

The Trump administration’s changes to the borrower defense rule will make it harder for student loan borrowers to obtain loan forgiveness when higher education institutions engage in fraudulent behavior. By blocking the regulatory changes proposed by the Education Dept. and Secretary DeVos, this bill would restore the protections of the Obama era borrower defense rule.

Frank-001's Opinion
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01/15/2020
Pass HJ Res. 76 Representatives, Vote to restore the protections of the Obama era student borrower defense rule. The Trump administration’s changes to the borrower defense rule will make it harder for student loan borrowers to obtain loan forgiveness when higher education institutions engage in fraudulent behavior. This is another instance of the Trump administration's pro-corruption policies. They rather protect corrupt practices than rid them. This is another reason it is necessary for Trump‘s immediate removal. Note: People opposing this (assuming you are real and not paid industry shills) how would you feel if YOU were defrauded and then find out there‘s nothing you can do. You be out of thousands of dollars. You won't be able to blame the Democrats, you won’t be able to blame President Obama. Will your political views prevent you from blaming the Trump administration?
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Ken's Opinion
···
01/15/2020
This rule change is unconscionable. Maybe the department of education should be forced to outright refund students mislead by for profit educational institutions, out of the money that might be spent by the administration on protecting the president while he golfs at mar a lago.
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David's Opinion
···
01/15/2020
Predatory student loans and predatory higher learning institutions are the real problem. Anyone remember the Trump University? Institutions that make claims about the value of their educational programs should be held to that standard. Student loans should be financed by federal and state governments at no more than 3% interest. Since financial education does not happen in high school, kids have no concept of what the interest rate of a loan really means. No one should go to college without understanding the employability and potential earnings that their degree will bring
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Argument opposed

The Trump administration’s new regulation would revise the borrower defense rule in a way that gives student borrowers a reasonable chance to file for and obtain loan forgiveness when higher education institutions defraud them or engage in illegal conduct, and also protect taxpayers by ensuring loans are repaid when conditions merit. Congress shouldn’t overturn the new rule.

Ga's Opinion
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01/16/2020
The left created this problem to begin with when government got involved in the student loan process. Now its mandatory for all student loans to go through the government--this should never have happened.
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JTJ's Opinion
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01/16/2020
It is not the responsibility of taxpayers to bail out students from their loans. Get the government out of the loan business and education entirely.
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Dewitt's Opinion
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01/16/2020
Word to all student borrowers. you took the loan! Pay it back! No one gets their debt forgiven in the real world. Start down this road and these crybabies will be screaming to have their credit card debt, home loan debt, etc. ALL forgiven. Not everyone needs to go to college, and it certainly is not a right!
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joint resolution Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house Passed January 16th, 2020
    Roll Call Vote 231 Yea / 180 Nay
      house Committees
      Committee on Education and Labor
    IntroducedSeptember 26th, 2019

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What is House Bill H. Joint Res. 76?

This resolution would repeal the Dept. of Education’s “Borrower Defense Institutional Accountability” rule that was finalized on September 23, 2019, and would take effect on July 1, 2020. The regulation modifies an Obama era rule that allowed student borrowers to seek forgiveness of student loans if a higher education institution misled them or engaged in other misconduct in violation of the law. The new rule would narrow the window for filing such claims to three years after graduation or withdrawal; extend the window for students to obtain relief if they can’t complete their programs before a school closes from 120 days to 180 days; allow students to allege a specific amount of financial harm that may be greater or lesser than their original claim; reduce precipitous closures by encouraging institutions to close only after completing well-planned teach-outs which give students a reasonable opportunity to finish their programs; maintain the current preponderance of evidence standard; and rescind the current prohibition on mandatory arbitration agreements.

Under the Congressional Review Act, Congress can overturn regulations issued within the last 60 legislative days with simple majority votes in both chambers. The resolution would need to be signed into law by the president to take effect.

Impact

Student borrowers seeking forgiveness of student loans from institutions that misled them or engaged in illegal conduct; relevant higher education institutions; and the Dept. of Education.

Cost of House Bill H. Joint Res. 76

A CBO cost estimate is unavailable. The Dept. of Education estimates that the regulation would produce a net savings of $11.1 billion to taxpayers in the 2020-2029 loan cohorts, including $9.8 billion for changes to the defense to repayment provisions and $1.3 billion for changes related to closed school discharges

More Information

In-DepthRep. Susie Lee (D-NV) introduced this bill to block the Trump administration’s planned changes to the borrower defense rule that allows student loan borrowers to obtain loan forgiveness if their higher education institution defrauded them or engaged in illegal conduct:

“Student loan borrowers deserve financial protection when they are defrauded or cheated by their schools -- it’s as simple as that. The original 2016 Borrower Defense Rule was a commonsense policy meant to level the playing field between students and the predatory colleges taking advantage of them. But Secretary DeVos’s new rule makes the process of applying for and granting borrower defense forgiveness unnecessarily difficult and burdensome for the students who we are supposed to be protecting. The original Borrower Defense Rule was projected to secure $17 billion in relief for defrauded students by 2020. According to the Department of Education’s own estimates, the new DeVos rule is expected to garner only a fraction of that. Our bicameral bill overturns this harmful new rule and maintains the original, pro-student Borrower Defense Rule. Instead of easing regulations and oversight on predatory for-profit schools, we need to stand up for students and open up quality, affordable opportunities in education for everyone.”

In a press release announcing the final regulation revising the borrower defense rule, Secretary of Education Betsy DeVos offered the following statement:

“If a school defrauds students, it must be held accountable. There is no place for fraud in higher education, and it will not be tolerated by this Administration. From the recent college admissions scandal and intentional misrepresentations by schools to boost their U.S. News & World Report rankings to fraudulent marketing practices from proprietary institutions, too many institutions of higher learning are falling short. The new regulations are aimed at preventing this behavior because students deserve better, and all institutions must do better. I called for this regulatory reset more than two years ago, as it became clear the old rules just weren’t working. I want to thank all those who provided thoughtful feedback during the process. We made substantive changes to our proposed rule based on your input. We believe this final rule corrects the 2016 rule through common sense and carefully crafted reforms that hold colleges and universities accountable and treat students and taxpayers fairly.”

This legislation has the support of 148 cosponsors, all of whom are Democrats.


Media:

Summary by Eric Revell

(Photo Credit: iStock.com / Darren415)

AKA

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to "Borrower Defense Institutional Accountability".

Official Title

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to "Borrower Defense Institutional Accountability".

    Pass HJ Res. 76 Representatives, Vote to restore the protections of the Obama era student borrower defense rule. The Trump administration’s changes to the borrower defense rule will make it harder for student loan borrowers to obtain loan forgiveness when higher education institutions engage in fraudulent behavior. This is another instance of the Trump administration's pro-corruption policies. They rather protect corrupt practices than rid them. This is another reason it is necessary for Trump‘s immediate removal. Note: People opposing this (assuming you are real and not paid industry shills) how would you feel if YOU were defrauded and then find out there‘s nothing you can do. You be out of thousands of dollars. You won't be able to blame the Democrats, you won’t be able to blame President Obama. Will your political views prevent you from blaming the Trump administration?
    Like (102)
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    The left created this problem to begin with when government got involved in the student loan process. Now its mandatory for all student loans to go through the government--this should never have happened.
    Like (36)
    Follow
    Share
    This rule change is unconscionable. Maybe the department of education should be forced to outright refund students mislead by for profit educational institutions, out of the money that might be spent by the administration on protecting the president while he golfs at mar a lago.
    Like (86)
    Follow
    Share
    Predatory student loans and predatory higher learning institutions are the real problem. Anyone remember the Trump University? Institutions that make claims about the value of their educational programs should be held to that standard. Student loans should be financed by federal and state governments at no more than 3% interest. Since financial education does not happen in high school, kids have no concept of what the interest rate of a loan really means. No one should go to college without understanding the employability and potential earnings that their degree will bring
    Like (54)
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    @Chris, “you sir,” are a prime example of why we need education funding! Uneducated voters are the reason we have so many problems today. trump is angry because he had to close his “college” (insert sarcasm) he was caught defrauding students and was sued. Everything trump touches dies. He is a criminal who has sponged off the government. Stiffed contractors and numerous bankruptcies under his belt. No banks in America will loan him money. That is why he is beholden to oligarchs in Russia and Saudi Arabia. Ask yourself how someone bankrupts a casino? “The house always wins.” He is a vindictive, jealous, racist, liar and thief.
    Like (49)
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    Only the grifter who was convicted of running a fraudulent “Trump University” that scammed hundreds of students out of millions of dollars would object to allowing the defrauded not to repay hucksters.
    Like (46)
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    Protect students who have been defrauded!!
    Like (33)
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    Congress should annul Trump's entire administration.
    Like (30)
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    It is not the responsibility of taxpayers to bail out students from their loans. Get the government out of the loan business and education entirely.
    Like (29)
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    I find it interesting that some equate student loans and the inability to pay them back as a reason to make it harder for youth to advance in society. This is a systemic problem. Of course you should not buy 45K car if you can’t make the payments...but with college tuitions as high as they are, do we only allow the wealthy to go to school easily? Are there enough part time jobs and is there enough low income housing for someone with a dream to afford school? They say C students run the world...were all of you in The National Honor Society at 17? Do you remain your 17 year old self today? (Sadly, many do.) The reality is that corporations (and some universities could fit here) rule the country, greed dictates who gets opportunities and the income gap keeps the “peons” stupid and controllable. Welcome to America 2020. Now, if that is your ideal America, good luck keeping economically ahead as a nation in the future. I think however, these ideals might be characteristics of a third world country.
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    Bicycler, I’ve wanted to give James a piece of my mind for a long time. You expressed my sentiments so well. Thank you. EVERYTHING his FOUL, DIRTY, LITTLE fingers have touched should be OVERTURNED OR REVERSED. HE HAS BEEN A BANE TO US AND OUR COUNTRY FROM THE DAY HE AND WHOTUS CAME DOWN THAT DAMN ESCALATOR!
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    Yes. Our future depends on higher educated citizens.
    Like (23)
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    Word to all student borrowers. you took the loan! Pay it back! No one gets their debt forgiven in the real world. Start down this road and these crybabies will be screaming to have their credit card debt, home loan debt, etc. ALL forgiven. Not everyone needs to go to college, and it certainly is not a right!
    Like (21)
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    Donald Trump's scant vocabulary includes "money" and "deal," two words of which he is inordinately fond; and his appetite for inflicting abject misery on people who don't possess lots of money or who indicate no talent for or interest in deals is legendary. Now he and his fellow dilettante, Betsy Devos, are targeting people who simply want to get on with their lives rather than drown in college debts. The word from my own vocabulary that comes to mind is "sadistic."
    Like (18)
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    Why do we have student loans. Why are the people paying out the ass for education. 1st get out and stay out political bullshit socialist democrats and liberals teaching nothing but bullshit. Education is about how to get somewhere in life. 2, education has 0 as in ZERO room for political party, unless you are interested then it must be taught by zero party follower. 3, nobody pays for education up to the age 17 period. Who pays for it. Big business every big business pays for our children’s education. 4, at 18 if you carry on education you pay for it unless a big business or donee wants to pay for it.
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    Yes, overturn the changes made against students by Trump. Things should not be made harder financially for kids and young adults starting out especially when time and money can not be replaced, redone, replayed after being mislead by a fraudulent educational institution they gave their time and hard earned money to. Perhaps things are different at Trump university ...scam students and print useless diplomas is business as usual for the Scammer in chief. Ahhh yes, he was forced to close his “school”. He made money on the fraudulent school and the kids were ruined !
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    Do not "overturn" Obama mad a mistake. Congress did not act. If anything, Congress Must help President Trump correct, and many other Obama errors.
    Like (15)
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    Yes. These loans were taken out with the understanding that they would be forgiven if certain conditions were met. Just because the Trump Cabinet is staffed by millionaires like Betsy DeVos who hasn’t used public schools nor depend on loans to get an education doesn’t mean that they should not fulfill the policy follow a previous Administration. But I forget Trump nor his cronies respect contracts, laws, treaties or even agreements that they make much less those they inherit.
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    You know what I think I don’t think people should borrow money they cannot repay. Who exactly is supposed to pay for their debt? Has anyone heard of working while going to school? So what - they become doctors and lawyers on the middle class tax dollars - sorry I worked two jobs and had two kids and I did it and believe me I’m no one special - OWN YOUR DEBT YOU’RE AN ADULT
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    My chronically mentally ill relative in mania rannup over $100,000 in debt. Imagine someone in poverty trying to pay $10,000 – much less $100,000. We Need not only this but much much more.
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