Preventing Financial Exploitation in Higher Education Act
H.R. 713, the Preventing Financial Exploitation in Higher Education Act, would create new financial penalties for the wealthiest colleges and universities and add a parallel tax measure aimed at those institutions that grow tuition while holding very large endowments. The core idea is to hold “covered” institutions financially accountable for how their students repay Federal student loans. Beginning in 2025, such institutions would owe penalties based on three cohort metrics—default rate, delinquency rate, and underpayment rate—calculated annually and phased in through 2030 and beyond. The bill designates as “covered” only those institutions with endowments of at least $2.5 billion. In addition, the bill would impose a 25% tax on net investment income for certain large endowment institutions that increase tuition beyond an inflation-adjusted base, effectively targeting tuition growth at wealthy institutions. Institutions would also need to sign onto program participation agreements confirming compliance with the new accountability requirements. The measure also amends program participation and related higher ed tax rules to align with these new penalties and to require compliance. Importantly, penalties paid by institutions do not affect borrowers’ rights or obligations. The overall aim is to deter financial practices that may shift loan-related risk onto students while retaining a focus on endowment-rich institutions.
Key Points
- 1Institutionally focused penalties (454A): The bill adds a new section requiring “covered” institutions to pay penalties to the Secretary based on three cohort measures—default rate, delinquency rate, and underpayment rate—for each fiscal year.
- 2Phased penalty schedule (2025–2030+):
- 3- 2025: threshold defaults ≥11% triggers 30% of outstanding principal and interest; delinquency ≥10% triggers 28%; underpayment ≥9% triggers 26%.
- 4- 2026: thresholds 10%/defaults; 9%/delinquency; 8%/underpayment with penalties at 28%, 26%, 24% respectively.
- 5- 2027: thresholds 9% (default), 8% (delinquency), 7% (underpayment) with penalties 26%, 24%, 22%.
- 6- 2028: thresholds 8% (default), 7% (delinquency), 6% (underpayment) with penalties 24%, 22%, 20%.
- 7- 2029: thresholds 7% (default), 6% (delinquency), 5% (underpayment) with penalties 22%, 20%, 18%.
- 8- 2030 and later: thresholds 6% (default), 5% (delinquency), 4% (underpayment) with penalties 20%, 18%, 16%.
- 9- Penalties are calculated as a percentage of the total outstanding balance on loans included in the relevant cohort calculations.
- 10Definitions and scope:
- 11- “Covered institution of higher education” means an institution with an endowment fund valued at $2.5 billion or more.
- 12- Cohort delinquency rate: share of borrowers who have missed 31–360 days of payments.
- 13- Cohort underpayment rate: share of borrowers who are current but whose loan balance exceeds the original loan amounts (i.e., underpaying cumulatively).
- 14- Endowment fund and “specified students” definitions are used to determine eligibility and the base for tuition-related calculations.
- 15Compliance linkage (SEC. 3): Institutions would be required to comply with the new section 454A as part of their program participation agreements.
- 16Tax provision for large endowments (SEC. 4): Amends the IRS code to impose an increased tax on net investment income for certain disqualified large educational institutions that increase tuition.
- 17- New rate: 25% (replacing a lower baseline rate, effectively a steep increase).
- 18- Eligibility: Institutions that are “disqualified large applicable educational institutions”—high endowment assets (>$2.5B), applicable educational institutions, and tuition growth above an inflation-adjusted base amount.
- 19- Base amount and inflation adjustment: Uses the average tuition for specified students in 2025 as the base; adjusts for inflation going forward.
- 20Interaction with borrowers: Payment of penalties by the institution does not affect borrowers’ rights or loan obligations.