Us Congress 2025-2026 Regular Session

Us Congress House Bill HB713 Compare Versions

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11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 713
55 To impose a financial penalty on certain institutions of higher education
66 with high percentages of students who default or make insufficient pay-
77 ments on Federal student loans, and for other purposes.
88 IN THE HOUSE OF REPRESENTATIVES
99 JANUARY23, 2025
1010 Ms. V
1111 ANDUYNEintroduced the following bill; which was referred to the Com-
1212 mittee on Education and Workforce, and in addition to the Committee
1313 on Ways and Means, for a period to be subsequently determined by the
1414 Speaker, in each case for consideration of such provisions as fall within
1515 the jurisdiction of the committee concerned
1616 A BILL
1717 To impose a financial penalty on certain institutions of high-
1818 er education with high percentages of students who de-
1919 fault or make insufficient payments on Federal student
2020 loans, and for other purposes.
2121 Be it enacted by the Senate and House of Representa-1
2222 tives of the United States of America in Congress assembled, 2
2323 SECTION 1. SHORT TITLE. 3
2424 This Act may be cited as the ‘‘Preventing Financial 4
2525 Exploitation in Higher Education Act’’. 5
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2929 SEC. 2. INSTITUTIONAL ACCOUNTABILITY FOR DE-1
3030 FAULTED, DELINQUENT, AND UNDERPAID 2
3131 STUDENT LOANS. 3
3232 Part D of title IV of the Higher Education Act of 4
3333 1965 (20 U.S.C. 1087a et seq.) is amended by inserting 5
3434 after section 454 the following: 6
3535 ‘‘SEC. 454A. INSTITUTIONAL ACCOUNTABILITY FOR DE-7
3636 FAULTED, DELINQUENT, AND UNDERPAID 8
3737 STUDENT LOANS. 9
3838 ‘‘(a) I
3939 NGENERAL.—In accordance with subsection 10
4040 (b), a covered institution of higher education shall pay to 11
4141 the Secretary— 12
4242 ‘‘(1) a penalty based on the institution’s cohort 13
4343 default rate for each fiscal year; 14
4444 ‘‘(2) a penalty based on the institution’s cohort 15
4545 delinquency rate for each fiscal year; and 16
4646 ‘‘(3) a penalty based on the institution’s cohort 17
4747 underpayment rate for each fiscal year. 18
4848 ‘‘(b) P
4949 HASE-INOFCOHORTDEFAULTRATEPEN-19
5050 ALTY.— 20
5151 ‘‘(1) F
5252 ISCAL YEAR 2025.—A covered institution 21
5353 of higher education— 22
5454 ‘‘(A) with a cohort default rate (as cal-23
5555 culated under section 435(m)) for fiscal year 24
5656 2025 that is 11 percent or more, shall pay to 25
5757 the Secretary a penalty in an amount equal to 26
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6161 30 percent of the total outstanding balance of 1
6262 principle and interest due on all loans under 2
6363 this part that are included in the calculation of 3
6464 such cohort default rate for such fiscal year; 4
6565 ‘‘(B) with a cohort delinquency rate (as de-5
6666 termined by the Secretary) for fiscal year 2025 6
6767 that is 10 percent or more shall pay to the Sec-7
6868 retary a penalty in an amount equal to 28 per-8
6969 cent of the total outstanding balance of prin-9
7070 ciple and interest due on all loans under this 10
7171 part that are included in the calculation of such 11
7272 cohort delinquency rate for such fiscal year; and 12
7373 ‘‘(C) with a cohort underpayment rate (as 13
7474 determined by the Secretary) for fiscal year 14
7575 2025 that is 9 percent or more shall pay to the 15
7676 Secretary a penalty in an amount equal to 26 16
7777 percent of the total outstanding balance of prin-17
7878 ciple and interest due on all loans under this 18
7979 part that are included in the calculation of such 19
8080 cohort underpayment rate for such fiscal year. 20
8181 ‘‘(2) F
8282 ISCAL YEAR 2026.—A covered institution 21
8383 of higher education— 22
8484 ‘‘(A) with a cohort default rate (as cal-23
8585 culated under section 435(m)) for fiscal year 24
8686 2026 that is 10 percent or more, shall pay to 25
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9090 the Secretary a penalty in an amount equal to 1
9191 28 percent of the total outstanding balance of 2
9292 principle and interest due on all loans under 3
9393 this part that are included in the calculation of 4
9494 such cohort default rate for such fiscal year; 5
9595 ‘‘(B) with a cohort delinquency rate (as de-6
9696 termined by the Secretary) for fiscal year 2026 7
9797 that is 9 percent or more, shall pay to the Sec-8
9898 retary a penalty in an amount equal to 26 per-9
9999 cent of the total outstanding balance of prin-10
100100 ciple and interest due on all loans under this 11
101101 part that are included in the calculation of such 12
102102 cohort delinquency rate for such fiscal year; and 13
103103 ‘‘(C) with a cohort underpayment rate (as 14
104104 determined by the Secretary) for fiscal year 15
105105 2026 that is 8 percent or more, shall pay to the 16
106106 Secretary a penalty in an amount equal to 24 17
107107 percent of the total outstanding balance of prin-18
108108 ciple and interest due on all loans under this 19
109109 part that are included in the calculation of such 20
110110 cohort underpayment rate for such fiscal year. 21
111111 ‘‘(3) F
112112 ISCAL YEAR 2027.—A covered institution 22
113113 of higher education— 23
114114 ‘‘(A) with a cohort default rate (as cal-24
115115 culated under section 435(m)) for fiscal year 25
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119119 2027 that is 9 percent or more, shall pay to the 1
120120 Secretary a penalty in an amount equal to 26 2
121121 percent of the total outstanding balance of prin-3
122122 ciple and interest due on all loans under this 4
123123 part that are included in the calculation of such 5
124124 cohort default rate for such fiscal year; 6
125125 ‘‘(B) with a cohort delinquency rate (as de-7
126126 termined by the Secretary) for fiscal year 2027 8
127127 that is 8 percent or more, shall pay to the Sec-9
128128 retary a penalty in an amount equal to 24 per-10
129129 cent of the total outstanding balance of prin-11
130130 ciple and interest due on all loans under this 12
131131 part that are included in the calculation of such 13
132132 cohort delinquency rate for such fiscal year; and 14
133133 ‘‘(C) with a cohort underpayment rate (as 15
134134 determined by the Secretary) for fiscal year 16
135135 2027 that is 7 percent or more, shall pay to the 17
136136 Secretary a penalty in an amount equal to 22 18
137137 percent of the total outstanding balance of prin-19
138138 ciple and interest due on all loans under this 20
139139 part that are included in the calculation of such 21
140140 cohort underpayment rate for such fiscal year. 22
141141 ‘‘(4) F
142142 ISCAL YEAR 2028.—A covered institution 23
143143 of higher education— 24
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147147 ‘‘(A) with a cohort default rate (as cal-1
148148 culated under section 435(m)) for fiscal year 2
149149 2028 that is 8 percent or more, shall pay to the 3
150150 Secretary a penalty in an amount equal to 24 4
151151 percent of the total outstanding balance of prin-5
152152 ciple and interest due on all loans under this 6
153153 part that are included in the calculation of such 7
154154 cohort default rate for such fiscal year; 8
155155 ‘‘(B) with a cohort delinquency rate (as de-9
156156 termined by the Secretary) for fiscal year 2028 10
157157 that is 7 percent or more, shall pay to the Sec-11
158158 retary a penalty in an amount equal to 22 per-12
159159 cent of the total outstanding balance of prin-13
160160 ciple and interest due on all loans under this 14
161161 part that are included in the calculation of such 15
162162 cohort delinquency rate for such fiscal year; and 16
163163 ‘‘(C) with a cohort underpayment rate (as 17
164164 determined by the Secretary) for fiscal year 18
165165 2028 that is 6 percent or more, shall pay to the 19
166166 Secretary a penalty in an amount equal to 20 20
167167 percent of the total outstanding balance of prin-21
168168 ciple and interest due on all loans under this 22
169169 part that are included in the calculation of such 23
170170 cohort underpayment rate for such fiscal year. 24
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174174 ‘‘(5) FISCAL YEAR 2029.—A covered institution 1
175175 of higher education— 2
176176 ‘‘(A) with a cohort default rate (as cal-3
177177 culated under section 435(m)) for fiscal year 4
178178 2029 that is 7 percent or more, shall pay to the 5
179179 Secretary a penalty in an amount equal to 22 6
180180 percent of the total outstanding balance of prin-7
181181 ciple and interest due on all loans under this 8
182182 part that are included in the calculation of such 9
183183 cohort default rate for such fiscal year; 10
184184 ‘‘(B) with a cohort delinquency rate (as de-11
185185 termined by the Secretary) for fiscal year 2029 12
186186 that is 6 percent or more, shall pay to the Sec-13
187187 retary a penalty in an amount equal to 20 per-14
188188 cent of the total outstanding balance of prin-15
189189 ciple and interest due on all loans under this 16
190190 part that are included in the calculation of such 17
191191 cohort delinquency rate for such fiscal year; and 18
192192 ‘‘(C) with a cohort underpayment rate (as 19
193193 determined by the Secretary) for fiscal year 20
194194 2029 that is 5 percent or more, shall pay to the 21
195195 Secretary a penalty in an amount equal to 18 22
196196 percent of the total outstanding balance of prin-23
197197 ciple and interest due on all loans under this 24
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201201 part that are included in the calculation of such 1
202202 cohort underpayment rate for such fiscal year. 2
203203 ‘‘(6) F
204204 ISCAL YEAR 2030 AND SUBSEQUENT FIS -3
205205 CAL YEARS.—A covered institution of higher edu-4
206206 cation— 5
207207 ‘‘(A) with a cohort default rate (as cal-6
208208 culated under section 435(m)) for fiscal year 7
209209 2030 or any fiscal year thereafter that is 6 per-8
210210 cent or more, shall pay to the Secretary a pen-9
211211 alty in an amount equal to 20 percent of the 10
212212 total outstanding balance of principle and inter-11
213213 est due on all loans under this part that are in-12
214214 cluded in the calculation of such cohort default 13
215215 rate for such fiscal year; 14
216216 ‘‘(B) with a cohort delinquency rate (as de-15
217217 termined by the Secretary) for fiscal year 2030 16
218218 or any fiscal year thereafter that is 5 percent 17
219219 or more, shall pay to the Secretary a penalty in 18
220220 an amount equal to 18 percent of the total out-19
221221 standing balance of principle and interest due 20
222222 on all loans under this part that are included 21
223223 in the calculation of such cohort delinquency 22
224224 rate for such fiscal year; and 23
225225 ‘‘(C) with a cohort underpayment rate (as 24
226226 determined by the Secretary) for fiscal year 25
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230230 2030 or any fiscal year thereafter that is 4 per-1
231231 cent or more, shall pay to the Secretary a pen-2
232232 alty in an amount equal to 16 percent of the 3
233233 total outstanding balance of principle and inter-4
234234 est due on all loans under this part that are in-5
235235 cluded in the calculation of such cohort under-6
236236 payment rate for such fiscal year. 7
237237 ‘‘(c) E
238238 FFECT ON DEFAULTSTATUS OF BOR-8
239239 ROWER.—The payment of a penalty under this section by 9
240240 a covered institution of higher education shall have no ef-10
241241 fect on the rights or obligations of a borrower of a loan 11
242242 that is included in the calculation of the institution’s co-12
243243 hort default rate, cohort delinquency rate, or cohort un-13
244244 derpayment rate for purposes of such penalty. 14
245245 ‘‘(d) D
246246 EFINITIONS.— 15
247247 ‘‘(1) C
248248 OHORT DELINQUENCY RATE .—The term 16
249249 ‘cohort delinquency rate’ means the percentage of 17
250250 Federal student loan borrowers included in a cohort 18
251251 under subsection (b) who have failed to make pay-19
252252 ments on one or more of the Federal student loans 20
253253 used for attendance at the institution concerned for 21
254254 between 31 and 360 days (inclusive). 22
255255 ‘‘(2) C
256256 OHORT UNDERPAYMENT RATE .—The 23
257257 term ‘cohort underpayment rate’, means the percent-24
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261261 age of Federal student loan borrowers included in a 1
262262 cohort under subsection (b) who— 2
263263 ‘‘(A) are making regular payments on the 3
264264 Federal student loans used for attendance at 4
265265 the institution concerned but for whom the sum 5
266266 all outstanding balances of such loans exceeds 6
267267 the sum of the original loan balances; and 7
268268 ‘‘(B) are neither delinquent nor in default 8
269269 on such loans. 9
270270 ‘‘(3) C
271271 OVERED INSTITUTION OF HIGHER EDU -10
272272 CATION.—The term ‘covered institution of higher 11
273273 education’ means an institution of higher education 12
274274 that is the beneficiary of an endowment fund with 13
275275 total value of $2,500,000,000 or more. 14
276276 ‘‘(4) E
277277 NDOWMENT FUND .—The term ‘endow-15
278278 ment fund’ means a fund that— 16
279279 ‘‘(A) is established by State law, by an in-17
280280 stitution of higher education, or by a founda-18
281281 tion that is exempt from Federal income tax-19
282282 ation; and 20
283283 ‘‘(B) is maintained for the purpose of gen-21
284284 erating income for the support of an institution 22
285285 of higher education. 23
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289289 ‘‘(5) FEDERAL STUDENT LOAN .—The term 1
290290 ‘Federal student loan’ means a loan made under this 2
291291 part.’’. 3
292292 SEC. 3. PROGRAM PARTICIPATION AGREEMENTS. 4
293293 Section 487(a) of the Higher Education Act of 1965 5
294294 (20 U.S.C. 1094(a)) is amended by adding at the end the 6
295295 following: 7
296296 ‘‘(30) The institution will comply with the re-8
297297 quirements of section 454A.’’. 9
298298 SEC. 4. INCREASED TAX ON NET INVESTMENT INCOME OF 10
299299 CERTAIN EDUCATIONAL INSTITUTIONS WITH 11
300300 LARGE ENDOWMENTS THAT INCREASE TUI-12
301301 TION. 13
302302 Section 4968 of the Internal Revenue Code of 1986 14
303303 is amended by adding at the end the following new sub-15
304304 section: 16
305305 ‘‘(e) I
306306 NCREASEDTAX ONCERTAINAPPLICABLE 17
307307 E
308308 DUCATIONAL INSTITUTIONS THATINCREASETUI-18
309309 TION.— 19
310310 ‘‘(1) I
311311 N GENERAL.—In the case of any disquali-20
312312 fied large applicable educational institution for any 21
313313 taxable year beginning after December 31, 2025, 22
314314 subsection (a) shall be applied by substituting ‘25 23
315315 percent’ for ‘1.4 percent’ for such taxable year. 24
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319319 ‘‘(2) DISQUALIFIED LARGE APPLICABLE EDU -1
320320 CATIONAL INSTITUTION.—For purposes of this sub-2
321321 section, the term ‘disqualified large applicable edu-3
322322 cational institution’ means, with respect to any tax-4
323323 able year, any institution if— 5
324324 ‘‘(A) such institution is an applicable edu-6
325325 cational institution for such taxable year, 7
326326 ‘‘(B) the average tuition charged to full- 8
327327 time students for semesters during such taxable 9
328328 year exceeds the inflation adjusted base amount 10
329329 for such taxable year, and 11
330330 ‘‘(C) the aggregate fair market value (de-12
331331 termined as of the end of the preceding taxable 13
332332 year) of the assets of such institution (other 14
333333 than those assets which are used directly in car-15
334334 rying out the institution’s exempt purpose) 16
335335 equal or exceeds $2,500,000,000. 17
336336 ‘‘(3) I
337337 NFLATION ADJUSTED BASE AMOUNT .— 18
338338 For purposes of this subsection— 19
339339 ‘‘(A) I
340340 N GENERAL.—The term ‘inflation 20
341341 adjusted base amount’ means, with respect to 21
342342 any applicable education institution for any tax-22
343343 able year which begins in any calendar year, the 23
344344 sum of— 24
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348348 ‘‘(i) the base amount of such institu-1
349349 tion, plus 2
350350 ‘‘(ii) the product of— 3
351351 ‘‘(I) such base amount, multi-4
352352 plied by 5
353353 ‘‘(II) the cost-of-living adjust-6
354354 ment determined under section 1(f)(3) 7
355355 for the calendar year in which the tax-8
356356 able year begins, determined by sub-9
357357 stituting ‘calendar year 2024’ for ‘cal-10
358358 endar year 2016’ in subparagraph 11
359359 (A)(ii) thereof. 12
360360 ‘‘(B) B
361361 ASE AMOUNT.—The term ‘base 13
362362 amount’ means, with respect any applicable 14
363363 educational institution, the average tuition 15
364364 charged to specified students for semesters dur-16
365365 ing calendar year 2025. 17
366366 ‘‘(4) A
367367 PPLICATION TO NEW INSTITUTIONS .—In 18
368368 the case of any applicable educational institution not 19
369369 in existence at all times during calendar year 20
370370 2025— 21
371371 ‘‘(A) the base amount with respect to such 22
372372 institution shall be determined with respect to 23
373373 the first full calendar year for which such insti-24
374374 tution is in existence, 25
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378378 ‘‘(B) the inflation adjusted base amount 1
379379 shall be determined by using the calendar year 2
380380 preceding such first full calendar year as the 3
381381 year substituted in paragraph (3)(A)(ii)(II), 4
382382 and 5
383383 ‘‘(C) paragraph (1) shall not apply to any 6
384384 taxable year beginning before the end of such 7
385385 first full calendar year. 8
386386 Notwithstanding the preceding sentence, if the aver-9
387387 age tuition charged by any applicable educational in-10
388388 stitution to specified students during the first full 11
389389 calendar year for which such institution is in exist-12
390390 ence is higher than such average for any of the 3 13
391391 succeeding calendar years, the base amount and in-14
392392 flation adjusted base amount with respect to such 15
393393 institution shall be determined in such manner as 16
394394 the Secretary may provide.’’. 17
395395 Æ
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