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H.R. 5523, Pay Down, Upskill Act of 2021

Summary

House bill 5523, the Pay Down, Upskill Act of 2021, was introduced in the House of Representatives on October 8, 2021 by Mr. LAMB and referred to the Committee on Education and Labor. Section 2 has the Secretary of Education carry out a Pay Down or Upskill Education Benefit Program giving each eligible individual, upon application and approval, a benefit to repay student loans or pay educational expenses. An eligible individual must be not younger than 18 years of age and not older than 65 years of age on the application date. The total benefit may not exceed $10,000, and an application must be submitted before the date that is 5 years after enactment.

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Congressional materials
Document type
Bills Bills 117Hr5523Ih Bills 117Hr5523Ih
Case
Bills Bills 117Hr5523Ih Bills 117Hr5523Ih

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“H.R. 5523, Pay Down, Upskill Act of 2021.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr5523ih-bills-117hr5523ih/, SHA-256 4ad5e038368511dcc41d9e96c5dce5f0bfcb0588e8f5d708e4ddb0b98ac833af.

Full text

                                                                                                                                                                          I




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                             H. R. 5523
                                                                             To help Americans pay down student loan debt or pay for education or
                                                                                       training to develop or improve workforce skills.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                     OCTOBER 8, 2021
                                                                         Mr. LAMB introduced the following bill; which was referred to the Committee
                                                                                                 on Education and Labor




                                                                                                                 A BILL
                                                                          To help Americans pay down student loan debt or pay for
                                                                         education or training to develop or improve workforce skills.

                                                                         1               Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4               This Act may be cited as the ‘‘Pay Down, Upskill
                                                                         5 Act of 2021’’.
                                                                         6     SEC. 2. PAY DOWN OR UPSKILL EDUCATION BENEFIT PRO-

                                                                         7                             GRAM.

                                                                         8               (a) PROGRAM ESTABLISHED.—




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                                                                         9                        (1) IN GENERAL.—The Secretary of Education
                                                                       10                shall carry out a program, known as the ‘‘Pay Down



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                                                                         1               or Upskill Education Benefit Program’’, to provide
                                                                         2               to each eligible individual, upon application and ap-
                                                                         3               proval, an education benefit to—
                                                                         4                                 (A) repay all or part of the qualifying stu-
                                                                         5                        dent loans of the eligible individual, in accord-
                                                                         6                        ance with subsection (b); or
                                                                         7                                 (B) pay all or part of the qualified edu-
                                                                         8                        cational expenses of the eligible individual, in
                                                                         9                        accordance with subsection (c).
                                                                       10                         (2) ELIGIBLE INDIVIDUAL.—An individual shall
                                                                       11                be an ‘‘eligible individual’’ for purposes of this Act
                                                                       12                if the individual—
                                                                       13                                  (A) is not younger than 18 years of age
                                                                       14                         and not older than 65 years of age on the date
                                                                       15                         that the individual applies for an education ben-
                                                                       16                         efit under this Act; and
                                                                       17                                  (B) received any credit or refund allowed
                                                                       18                         or made to the individual by reason of section
                                                                       19                         6428B of the Internal Revenue Code of 1986
                                                                       20                         (as added by section 9601 of the American Res-
                                                                       21                         cue Plan Act of 2021 (Public Law 117–2)).
                                                                       22                         (3)        EDUCATION                  BENEFIT               AMOUNT.—The

                                                                       23                amount of an education benefit provided to an eligi-
                                                                       24                ble individual in accordance with this Act shall be—



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                                                                         1                                 (A) the amount of the qualified student
                                                                         2                        loans of the individual; or
                                                                         3                                 (B) the amount of the qualified edu-
                                                                         4                        cational expenses of the individual,
                                                                         5               except that the maximum amount of the total edu-
                                                                         6               cation benefit provided to an eligible individual shall
                                                                         7               not exceed $10,000.
                                                                         8                        (4) NOTICE TO THE PUBLIC.—Not later than 6
                                                                         9               months after the date of enactment of this Act, the
                                                                       10                Secretary shall publicly announce the program estab-
                                                                       11                lished under this Act, including by posting informa-
                                                                       12                tion about such program on the website of the De-
                                                                       13                partment of Education. The Secretary shall update
                                                                       14                and maintain such information as may be necessary.
                                                                       15                         (5) DEADLINE FOR APPLICATIONS.—To be con-
                                                                       16                sidered for an education benefit under this section,
                                                                       17                an eligible individual shall submit an application in
                                                                       18                accordance with this section before the date that is
                                                                       19                5 years after the date of the enactment of this Act.
                                                                       20                (b) USE OF EDUCATION BENEFIT TO PAY DOWN
                                                                       21 STUDENT LOAN REPAYMENT.—
                                                                       22                         (1) APPLICATION BY ELIGIBLE INDIVIDUALS.—
                                                                       23                An eligible individual who desires to apply the edu-
                                                                       24                cation benefit of the individual under this section to



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                                                                       25                the repayment of qualified student loans shall sub-


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                                                                         1               mit, in a manner prescribed by the Secretary, an ap-
                                                                         2               plication to the Secretary that—
                                                                         3                                 (A) identifies, or permits the Secretary to
                                                                         4                        identify, the holder or holders of such loans;
                                                                         5                                 (B) indicates, or permits the Secretary to
                                                                         6                        determine, the amounts of principal and inter-
                                                                         7                        est outstanding on the loans;
                                                                         8                                 (C) specifies, if the outstanding balance is
                                                                         9                        greater than the amount of the maximum edu-
                                                                       10                         cation benefit under subsection (a)(3), which of
                                                                       11                         the loans the individual prefers to be paid by
                                                                       12                         the Secretary; and
                                                                       13                                  (D) contains or is accompanied by such
                                                                       14                         other information as the Secretary may require.
                                                                       15                         (2) DISBURSEMENT OF LOAN REPAYMENTS.—
                                                                       16                Upon receipt of an application that complies with
                                                                       17                paragraph (1) from an eligible individual, the Sec-
                                                                       18                retary shall, as promptly as practicable, repay the
                                                                       19                amount of the education benefit of the individual de-
                                                                       20                termined under subsection (a)(3) by—
                                                                       21                                  (A) disbursing such amount by check or
                                                                       22                         other means that is payable to the holder of the
                                                                       23                         loan and requires the endorsement or other cer-
                                                                       24                         tification by the eligible individual; or



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                                                                         1                                 (B) in the case of a loan held by the Sec-
                                                                         2                        retary, cancelling such amount.
                                                                         3                        (3) APPLICATION OF REPAID AMOUNTS.—If the
                                                                         4               amount repaid under paragraph (2) is less than the
                                                                         5               principal and accrued interest on any qualified stu-
                                                                         6               dent loan, such amount shall be applied according to
                                                                         7               the specified priorities of the eligible individual.
                                                                         8                        (4) REPORTS BY HOLDERS.—Any holder receiv-
                                                                         9               ing a loan payment pursuant to this subsection shall
                                                                       10                submit to the Secretary such information as the Sec-
                                                                       11                retary may require to verify that such payment was
                                                                       12                applied in accordance with this subsection and any
                                                                       13                regulations prescribed to carry out this subsection.
                                                                       14                         (5) NOTIFICATION OF INDIVIDUAL.—The Sec-
                                                                       15                retary, upon repaying the education benefit of an eli-
                                                                       16                gible individual, shall notify the individual of the
                                                                       17                amount paid for each outstanding loan and the date
                                                                       18                of payment.
                                                                       19                         (6) AUTHORITY TO AGGREGATE PAYMENTS.—
                                                                       20                The Secretary may, by regulation, provide for the
                                                                       21                aggregation of payments to holders under this sub-
                                                                       22                section.
                                                                       23                         (7) DEFINITION OF HOLDER.—As used in this
                                                                       24                subsection, the term ‘‘holder’’ with respect to any



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                                                                       25                qualified student loan means the original lender or,


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                                                                         1               if the loan is subsequently sold, transferred, or as-
                                                                         2               signed to some other person, and such other person
                                                                         3               acquires a legally enforceable right to receive pay-
                                                                         4               ments from the borrower, such other person.
                                                                         5               (c) USE OF EDUCATION BENEFIT FOR EDUCATIONAL
                                                                         6 EXPENSES TO UPSKILL.—
                                                                         7                        (1) APPLICATION BY ELIGIBLE INDIVIDUAL.—
                                                                         8               An eligible individual who desires to apply the edu-
                                                                         9               cation benefit of the individual under this section to
                                                                       10                the payment of qualified educational expenses shall,
                                                                       11                on a form prescribed by the Secretary, submit an
                                                                       12                application to the eligible institution in which the
                                                                       13                student will be enrolled that contains such informa-
                                                                       14                tion as the Secretary may require to verify the indi-
                                                                       15                vidual’s eligibility for such benefit.
                                                                       16                         (2) SUBMISSION OF REQUESTS FOR PAYMENT
                                                                       17                BY INSTITUTIONS.—An                           eligible institution that re-
                                                                       18                ceives one or more applications that comply with
                                                                       19                paragraph (1) shall submit to the Secretary a state-
                                                                       20                ment, in a manner prescribed by the Secretary,
                                                                       21                that—
                                                                       22                                  (A) identifies each eligible individual filing
                                                                       23                         an application under paragraph (1) for a dis-
                                                                       24                         bursement of the individual’s education benefit



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                                                                       25                         under this subsection;


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                                                                         1                                 (B) specifies the amounts for which such
                                                                         2                        eligible individuals are, consistent with para-
                                                                         3                        graph (6), qualified for disbursement under this
                                                                         4                        subsection;
                                                                         5                                 (C) certifies that—
                                                                         6                                         (i) in the case of an eligible institution
                                                                         7                                 that is an institution of higher education—
                                                                         8                                                  (I) the institution has in effect a
                                                                         9                                         program               participation                    agreement
                                                                       10                                          under section 487 of the Higher Edu-
                                                                       11                                          cation Act of 1965 (20 U.S.C. 1094);
                                                                       12                                          and
                                                                       13                                                   (II) the institution’s eligibility to
                                                                       14                                          participate in any of the programs
                                                                       15                                          under title IV of such Act (20 U.S.C.
                                                                       16                                          1070 et seq.) has not been limited,
                                                                       17                                          suspended, or terminated; and
                                                                       18                                          (ii) in the case of an eligible institu-
                                                                       19                                  tion that is not an institution of higher
                                                                       20                                  education, meets the requirements of sub-
                                                                       21                                  section (d)(1)(B); and
                                                                       22                                  (D) contains such provisions concerning fi-
                                                                       23                         nancial compliance as the Secretary may re-
                                                                       24                         quire.



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                                                                         1                        (3) DISBURSEMENT OF PAYMENTS.—Upon re-
                                                                         2               ceipt of a statement from an eligible institution that
                                                                         3               complies with paragraph (2), the Secretary shall dis-
                                                                         4               burse the total amount of the education benefit for
                                                                         5               which eligible individuals who have submitted appli-
                                                                         6               cations to that institution under paragraph (1) are
                                                                         7               scheduled to receive. Such disbursement shall be
                                                                         8               made by check or other means that is payable to the
                                                                         9               institution and requires the endorsement or other
                                                                       10                certification by the eligible individual.
                                                                       11                         (4) REFUND RULES.—The Secretary shall, by
                                                                       12                regulation, provide for the refund to the Secretary
                                                                       13                (and the crediting to the education benefit of an eli-
                                                                       14                gible individual) of amounts disbursed to institutions
                                                                       15                for the benefit of eligible individuals who withdraw
                                                                       16                or otherwise fail to complete the period of enrollment
                                                                       17                for which the assistance was provided. Such regula-
                                                                       18                tions shall be consistent with the fair and equitable
                                                                       19                refund policies required of institutions pursuant to
                                                                       20                section 484B of the Higher Education Act of 1965
                                                                       21                (20 U.S.C. 1091b). Amounts refunded to the Sec-
                                                                       22                retary pursuant to this paragraph may be used by
                                                                       23                the Secretary to fund additional education benefits
                                                                       24                for eligible individuals under this Act.



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                                                                         1                        (5) MAXIMUM BENEFIT FOR A PERIOD OF EN-
                                                                         2               ROLLMENT.—The portion of an eligible individual’s

                                                                         3               total available education benefit that may be dis-
                                                                         4               bursed under this subsection for any period of en-
                                                                         5               rollment shall not exceed the difference between—
                                                                         6                                 (A) the tuition and fees charged to the eli-
                                                                         7                        gible individual for such period of enrollment;
                                                                         8                        and
                                                                         9                                 (B) the student’s estimated financial as-
                                                                       10                         sistance for such period under part A of title IV
                                                                       11                         of the Higher Education Act of 1965 (20
                                                                       12                         U.S.C. 1070 et seq.).
                                                                       13                (d) DEFINITIONS.—In this section:
                                                                       14                         (1) ELIGIBLE INSTITUTION.—The term ‘‘eligi-
                                                                       15                ble institution’’ means—
                                                                       16                                  (A) an institution of higher education—
                                                                       17                                          (i) that has the meaning given such
                                                                       18                                  term in section 101 of the Higher Edu-
                                                                       19                                  cation Act of 1965 (20 U.S.C. 1001); or
                                                                       20                                          (ii) that is a provider on a list of eligi-
                                                                       21                                  ble providers of training services under
                                                                       22                                  section 122(d) of the Workforce Innovation
                                                                       23                                  and Opportunity Act (29 U.S.C. 3152(d));
                                                                       24                                  or



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                                                                       25                                  (B) an entity that offers a program—


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                                                                         1                                         (i) that is provided by a provider on
                                                                         2                                 a list of eligible providers of training serv-
                                                                         3                                 ices under section 122(d) of the Workforce
                                                                         4                                 Innovation              and         Opportunity                Act   (29
                                                                         5                                 U.S.C. 3152(d)); or
                                                                         6                                         (ii) that is provided by a provider that
                                                                         7                                 is not on a list described in clause (i) but
                                                                         8                                 that, upon petition to the Secretary of
                                                                         9                                 Labor by an eligible individual, the Sec-
                                                                       10                                  retary determines based on indicators of
                                                                       11                                  performance under section 116 of the
                                                                       12                                  Workforce Innovation and Opportunity Act
                                                                       13                                  (29 U.S.C. 3141) has, for at least the five
                                                                       14                                  previous years, a record of good outcomes
                                                                       15                                  as defined by the State plan submitted
                                                                       16                                  under section 102 or 103 of such Act (29
                                                                       17                                  U.S.C. 3112; 3113) with respect to such
                                                                       18                                  provider.
                                                                       19                         (2) QUALIFIED EDUCATIONAL EXPENSES.—The
                                                                       20                term ‘‘qualified educational expenses’’ means the
                                                                       21                cost of tuition and fees charged to an eligible indi-
                                                                       22                vidual for full-time or part-time enrollment at an eli-
                                                                       23                gible institution in an education or training program
                                                                       24                that results in a recognized postsecondary credential.



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                                                                         1                        (3) QUALIFIED STUDENT LOANS.—The term
                                                                         2               ‘‘qualified student loans’’ means—
                                                                         3                                 (A) any loan made, insured, or guaranteed
                                                                         4                        under part B, part D, or part E of title IV of
                                                                         5                        the Higher Education Act of 1965 (20 U.S.C.
                                                                         6                        1070 et seq.) before the date of enactment of
                                                                         7                        this Act, including—
                                                                         8                                         (i) loans made to a parent borrower
                                                                         9                                 on behalf of a dependent student under
                                                                       10                                  part B or part D of such Act, if such par-
                                                                       11                                  ent borrower is an eligible individual under
                                                                       12                                  this Act;
                                                                       13                                          (ii) consolidation loans made under
                                                                       14                                  such Act; and
                                                                       15                                          (iii) any grant treated as a loan under
                                                                       16                                  such part D in accordance with section
                                                                       17                                  258(e), section 420M(c), or section 807(d)
                                                                       18                                  of such Act;
                                                                       19                                  (B) a private education loan, as defined in
                                                                       20                         section 140(a) of the Truth in Lending Act (15
                                                                       21                         U.S.C. 1650(a)), that—
                                                                       22                                          (i) was expressly for the cost of at-
                                                                       23                                  tendance (as defined in section 472) at an
                                                                       24                                  institution of higher education partici-



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                                                                       25                                  pating in a loan program under part B,


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                                                                         1                                 part D, or part E of title IV of the Higher
                                                                         2                                 Education Act of 1965 (20 U.S.C. 1070 et
                                                                         3                                 seq.), as of the date that the loan was dis-
                                                                         4                                 bursed; and
                                                                         5                                         (ii) was made before the date of en-
                                                                         6                                 actment of this Act; and
                                                                         7                                 (C) any loan made pursuant to title VII or
                                                                         8                        VIII of the Public Health Service Act (42
                                                                         9                        U.S.C. 292a et seq.) before the date of the en-
                                                                       10                         actment of this Act.
                                                                       11                         (4) RECOGNIZED                       POSTSECONDARY                      CREDEN-

                                                                       12                TIAL.—The term ‘‘recognized postsecondary creden-

                                                                       13                tial’’ has the meaning given such term in section 3
                                                                       14                of the Workforce Innovation and Opportunity Act
                                                                       15                (29 U.S.C. 3102).
                                                                       16                         (5) SECRETARY.—The term ‘‘Secretary’’ means
                                                                       17                the Secretary of Education.
                                                                                                                                  Æ




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