{"bills":[{"photos":{"featured":"https://assets.causes.com/bill/photo/sjres56-116/featured_a-joint-resolution-providing-for-congressional-disapproval-under-chapter-8-of-title-5-united-states-code-of-the-1583888682.jpg","featured_large":"https://assets.causes.com/bill/photo/sjres56-116/featured_large_a-joint-resolution-providing-for-congressional-disapproval-under-chapter-8-of-title-5-united-states-code-of-the-1583888682.jpg","shareable":"https://n.causes.com/share-images/bills/sjres56-116.png"},"introduced_on":"2019-09-26","title_override":"Should Congress Overturn the Trump Admin’s Changes to the Student Borrower Loan Forgiveness Rule?","summary_override":"

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.

","official_title":"A joint resolution 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\".","short_title":"A joint resolution 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\".","popular_title":null,"short_summary":"This joint resolution nullifies a rule issued by the Department of Education (ED) on September 23, 2019. The rule revised the process for a student loan borrower to obtain a discharge from a student loan if an institution of higher education misrepresented a material fact. Among other requirements, the 2019 rule requires each borrower to apply to ED for a defense to repayment. However, under the previous 2016 rule, an application could be submitted on behalf of an entire group (e.g., veterans). ","summarized":true,"cost":null,"cost_commentary":"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.","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.","argument_for":"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. 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Should Congress Overturn the Trump Admin’s Changes to the Student Borrower Loan Forgiveness Rule?