[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 506 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 506
To amend the Higher Education Relief Opportunities for Students Act of
2003 to strike the Secretary's unilateral authority during a national
emergency, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Thune (for himself, Mr. Cassidy, Mr. Barrasso, Mrs. Britt, Mr.
Cramer, Ms. Ernst, Mr. Grassley, Mr. Marshall, Mr. Scott of Florida,
and Mr. Scott of South Carolina) introduced the following bill; which
was read twice and referred to the Committee on Health, Education,
Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Higher Education Relief Opportunities for Students Act of
2003 to strike the Secretary's unilateral authority during a national
emergency, and for other purposes.
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 ``Stop Reckless Student Loan Actions
Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Higher Education Relief Opportunities for Students
Act of 2003 (20 U.S.C. 1098aa et seq.) was intended to provide
relief opportunities for members of the armed services.
(2) The authority provided under the Higher Education
Relief Opportunities for Students Act of 2003 has been abused
by the executive branch during the COVID-19 national emergency
regarding the payment of Federal student loans.
(3) The unilateral payment pause on Federal student loans
has cost more than $160,000,000,000.
(4) The unilateral payment pause on Federal student loans
has inflationary impacts.
(5) The individuals benefitting the most from the payment
pause continued by the executive branch are doctors, who
receive 11 times the benefit of bachelor's degree recipients
and 16 times the benefit of associate's degree recipients.
SEC. 3. AMENDMENTS TO THE HIGHER EDUCATION RELIEF OPPORTUNITIES FOR
STUDENTS ACT OF 2003.
Section 5(2) of the Higher Education Relief Opportunities for
Students Act of 2003 (20 U.S.C. 1098ee) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``(or the spouse or dependent of the parent, as that term is
used in section 480 of the Higher Education Act of 1965 (20
U.S.C. 1087vv))'' after ``an individual'';
(2) in subparagraph (A), by inserting ``and'' after the
semicolon;
(3) in subparagraph (B), by striking the semicolon and
inserting a period; and
(4) by striking subparagraphs (C) and (D).
SEC. 4. HIGHER EDUCATION RELIEF OPPORTUNITIES FOR CIVILIANS IN THE CASE
OF A NATIONAL EMERGENCY AND LIMITATIONS ON COVERED LOANS.
(a) Temporary Authority for Higher Education Relief.--
(1) In general.--Subject to the limitation provided in
subsection (c), during the 90 day period after a declaration of
a national emergency under section 201 of the National
Emergencies Act (50 U.S.C. 1621), the Secretary of Education
may suspend or defer Federal student loan payments or the
accrual of interest for loans made, insured or guaranteed under
part B, D, or E of title IV of the Higher Education Act of 1965
(20 U.S.C. 1071 et seq.; 1087a et seq.; 1087aa et seq.) or
loans under the Health Education Assistance Loan Program.
(2) Limitation.--The Secretary of Education may not use the
temporary authority provided under paragraph (1) in consecutive
90 day periods.
(b) Recommendations for Higher Education Relief From the Secretary
of Education.--In the case of a national emergency declared by the
President under section 201 of the National Emergencies Act (50 U.S.C.
1621), the Secretary of Education shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Education and the Workforce of the House of Representatives, not
later than 60 days after the date of such declaration, a report that
includes any recommendations on relief necessary for recipients of
student financial assistance under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.).
(c) Limits on Executive Authority To Suspend or Defer Federal
Student Loan Payments or Interest.--
(1) In general.--Notwithstanding any other provision of
law, the President or the Secretary of Education may not
suspend or defer Federal student loan payments on covered loans
or the accrual of interest on covered loans of borrowers with
annual household incomes over 400 percent of the poverty line
(as determined under the poverty guidelines updated
periodically in the Federal Register by the Department of
Health and Human Services under the authority of section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2))).
(2) Application of congressional review act.--In any case
where the President or the Secretary of Education suspends or
defers Federal student loan payments on covered loans or the
accrual of interest on covered loans through any type of
executive or regulatory action, the suspension or deferral
shall be--
(A) deemed to be a major rule for purposes of
chapter 8 of title 5, United States Code (commonly
known as the ``Congressional Review Act''); and
(B) subject to congressional disapproval in
accordance with such chapter.
(d) Limits on Executive Authority To Cancel Student Loans.--
(1) In general.--Notwithstanding any other provisions of
law, the President or the Secretary of Education may not cancel
the outstanding balances, or a portion of the balances, on
covered loans due to the COVID-19 national emergency or any
other national emergency.
(2) Application of congressional review act.--In any case
where the President or the Secretary of Education cancels the
outstanding balances, or portion of the balances, on covered
loans through any type of executive or regulatory action, the
cancellation shall be--
(A) deemed to be a major rule for purposes of
chapter 8 of title 5, United States Code (commonly
known as the ``Congressional Review Act''); and
(B) subject to congressional disapproval in
accordance with such chapter.
(e) Implementation.--
(1) Regarding suspensions or deferments of federal student
loan payments ongoing at the time of enactment.--Not later than
the effective date of this Act, any suspension or deferment of
Federal student loan payments on covered loans due to the
COVID-19 national emergency shall terminate. Notwithstanding
any other provision of law, a subsequent suspension or
deferment of Federal student loan payments on covered loans for
the COVID-19 national emergency shall be prohibited.
(2) Regarding cancellation of student loans prior to
effective date.--Any cancellation of the outstanding balance,
or portion of a balance, on a covered loan made by the
President or Secretary of Education through any type of
executive or regulatory action in the 30 days before the
effective date of this Act shall be--
(A) deemed to be a major rule for purposes of
chapter 8 of title 5, United States Code (commonly
known as the ``Congressional Review Act''); and
(B) subject to congressional disapproval in
accordance with such chapter.
(f) Definition of Covered Loan.--In this subsection, the term
``covered loan'' means a loan made, insured, or guaranteed under part
B, D, or E of title IV of the Higher Education Act of 1965 (20 U.S.C.
1071 et seq.; 1087a et seq.; 1087aa et seq.) or a loan under the Health
Education Assistance Loan Program.
SEC. 5. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date that is 30 days after the date of enactment of this Act.
<all>