[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3662 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 3662
To amend the Higher Education Act of 1965 to ensure that student
borrowers are provided relief from their student loans in the instance
of substantial misrepresentation or omission by an institution of
higher education.
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IN THE HOUSE OF REPRESENTATIVES
July 10, 2019
Mrs. McBath (for herself, Ms. Finkenauer, Ms. Porter, Mrs. Axne, Ms.
Davids of Kansas, and Ms. Scanlon) introduced the following bill; which
was referred to the Committee on Education and Labor
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A BILL
To amend the Higher Education Act of 1965 to ensure that student
borrowers are provided relief from their student loans in the instance
of substantial misrepresentation or omission by an institution of
higher education.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Relief for Defrauded Students Act of
2019''.
SEC. 2. AMENDMENTS TO TERMS AND CONDITIONS OF BORROWER DEFENSES.
Section 455(h) of the Higher Education Act of 1965 (20 U.S.C.
1087e(h)) is amended to read as follows:
``(h) Borrower Defenses.--
``(1) In general.--Notwithstanding any other provision of
State or Federal law, a defense to repayment of a loan under
this part shall include--
``(A) a substantial misrepresentation under by an
institution of higher education described in section
487(c)(3);
``(B) an act or omission of an institution of
higher education that would give rise to a cause of
action against such institution of higher education
under applicable State law; or
``(C) any other act or omission by an institution
of higher education that the Secretary specifies in the
regulations under paragraph (3).
``(2) Procedures.--
``(A) In general.--The Secretary shall, for each
borrower who submits to the Secretary an application
asserting a defense to repayment of a loan made under
this part--
``(i) provide an expeditious and fair
process to consider such application (without
regard to whether the application is submitted
by an individual borrower, a group of
borrowers, or a representative of such
individual or group); and
``(ii) determine the entitlement of the
borrower to relief based on all evidence
available to the Department.
``(B) Independent determination.--A determination
under subparagraph (A)(ii) with respect to a borrower
shall be independent of any action that the Department
may take under this Act to recover funds from an
institution of higher education for an act or omission
related to such determination.
``(C) Cancellation of debt.--In a case in which the
Secretary determines under subparagraph (A)(ii) that
the borrower is entitled to relief, the Secretary
shall--
``(i) cancel any outstanding balance of
principal and interest due on each loan made
under this part that the borrower received for
enrollment at the institution of higher
education against which the borrower is
asserting the defense to repayment; and
``(ii) return to the borrower the amount of
any payments made on such loans.
``(3) Regulations.--The Secretary shall specify in
regulations which acts or omissions of an institution of higher
education a borrower may assert as a defense to repayment of a
loan made under this part, except that in no event may a
borrower recover from the Secretary, in any action arising from
or relating to a loan made under this part, an amount in excess
of the amount such borrower has repaid on such loan.''.
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