II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Reckless Student 

5 Loan Actions Act of 2023’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The Higher Education Relief Opportunities 

2 for Students Act of 2003 (20 U.S.C. 1098aa et seq.) 

3 was intended to provide relief opportunities for 

4 members of the armed services. 

5 (2) The authority provided under the Higher 

6 Education Relief Opportunities for Students Act of 

7 2003 has been abused by the executive branch dur8 ing the COVID–19 national emergency regarding 

9 the payment of Federal student loans. 

10 (3) The unilateral payment pause on Federal 

11 student loans has cost more than $160,000,000,000. 

12 (4) The unilateral payment pause on Federal 

13 student loans has inflationary impacts. 

14 (5) The individuals benefitting the most from 

15 the payment pause continued by the executive 

16 branch are doctors, who receive 11 times the benefit 

17 of bachelor’s degree recipients and 16 times the ben18 efit of associate’s degree recipients. 

19 SEC. 3. AMENDMENTS TO THE HIGHER EDUCATION RELIEF 

20 OPPORTUNITIES FOR STUDENTS ACT OF 2003. 

21 Section 5(2) of the Higher Education Relief Opportu22 nities for Students Act of 2003 (20 U.S.C. 1098ee) is 

23 amended— 

24 (1) in the matter preceding subparagraph (A), 

25 by inserting ‘‘(or the spouse or dependent of the 


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1 parent, as that term is used in section 480 of the 

2 Higher Education Act of 1965 (20 U.S.C. 1087vv))’’ 

3 after ‘‘an individual’’; 

4 (2) in subparagraph (A), by inserting ‘‘and’’ 

5 after the semicolon; 

6 (3) in subparagraph (B), by striking the semi7 colon and inserting a period; and 

8 (4) by striking subparagraphs (C) and (D). 

9 SEC. 4. HIGHER EDUCATION RELIEF OPPORTUNITIES FOR 

10 CIVILIANS IN THE CASE OF A NATIONAL 

11 EMERGENCY AND LIMITATIONS ON COVERED 

12 LOANS. 

13 (a) TEMPORARY AUTHORITY FOR HIGHER EDU14 CATION RELIEF.— 

15 (1) IN GENERAL.—Subject to the limitation 

16 provided in subsection (c), during the 90 day period 

17 after a declaration of a national emergency under 

18 section 201 of the National Emergencies Act (50 

19 U.S.C. 1621), the Secretary of Education may sus20 pend or defer Federal student loan payments or the 

21 accrual of interest for loans made, insured or guar22 anteed under part B, D, or E of title IV of the 

23 Higher Education Act of 1965 (20 U.S.C. 1071 et 

24 seq.; 1087a et seq.; 1087aa et seq.) or loans under 

25 the Health Education Assistance Loan Program. 


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1 (2) LIMITATION.—The Secretary of Education 

2 may not use the temporary authority provided under 

3 paragraph (1) in consecutive 90 day periods. 

4 (b) RECOMMENDATIONS FOR HIGHER EDUCATION

5 RELIEF FROM THE SECRETARY OF EDUCATION.—In the 

6 case of a national emergency declared by the President 

7 under section 201 of the National Emergencies Act (50 

8 U.S.C. 1621), the Secretary of Education shall submit to 

9 the Committee on Health, Education, Labor, and Pen10 sions of the Senate and the Committee on Education and 

11 the Workforce of the House of Representatives, not later 

12 than 60 days after the date of such declaration, a report 

13 that includes any recommendations on relief necessary for 

14 recipients of student financial assistance under title IV of 

15 the Higher Education Act of 1965 (20 U.S.C. 1070 et 

16 seq.). 

17 (c) LIMITS ON EXECUTIVE AUTHORITY TO SUSPEND

18 OR DEFER FEDERAL STUDENT LOAN PAYMENTS OR IN19 TEREST.— 

20 (1) IN GENERAL.—Notwithstanding any other 

21 provision of law, the President or the Secretary of 

22 Education may not suspend or defer Federal student 

23 loan payments on covered loans or the accrual of in24 terest on covered loans of borrowers with annual 

25 household incomes over 400 percent of the poverty 


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1 line (as determined under the poverty guidelines up2 dated periodically in the Federal Register by the De3 partment of Health and Human Services under the 

4 authority of section 673(2) of the Community Serv5 ices Block Grant Act (42 U.S.C. 9902(2))). 

6 (2) APPLICATION OF CONGRESSIONAL REVIEW

7 ACT.—In any case where the President or the Sec8 retary of Education suspends or defers Federal stu9 dent loan payments on covered loans or the accrual 

10 of interest on covered loans through any type of ex11 ecutive or regulatory action, the suspension or defer12 ral shall be— 

13 (A) deemed to be a major rule for purposes 

14 of chapter 8 of title 5, United States Code 

15 (commonly known as the ‘‘Congressional Review 

16 Act’’); and 

17 (B) subject to congressional disapproval in 

18 accordance with such chapter. 

19 (d) LIMITS ON EXECUTIVE AUTHORITY TO CANCEL

20 STUDENT LOANS.— 

21 (1) IN GENERAL.—Notwithstanding any other 

22 provisions of law, the President or the Secretary of 

23 Education may not cancel the outstanding balances, 

24 or a portion of the balances, on covered loans due 


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1 to the COVID–19 national emergency or any other 

2 national emergency. 

3 (2) APPLICATION OF CONGRESSIONAL REVIEW

4 ACT.—In any case where the President or the Sec5 retary of Education cancels the outstanding bal6 ances, or portion of the balances, on covered loans 

7 through any type of executive or regulatory action, 

8 the cancellation shall be— 

9 (A) deemed to be a major rule for purposes 

10 of chapter 8 of title 5, United States Code 

11 (commonly known as the ‘‘Congressional Review 

12 Act’’); and 

13 (B) subject to congressional disapproval in 

14 accordance with such chapter. 

15 (e) IMPLEMENTATION.— 

16 (1) REGARDING SUSPENSIONS OR DEFERMENTS

17 OF FEDERAL STUDENT LOAN PAYMENTS ONGOING

18 AT THE TIME OF ENACTMENT.—Not later than the 

19 effective date of this Act, any suspension or 

20 deferment of Federal student loan payments on cov21 ered loans due to the COVID–19 national emergency 

22 shall terminate. Notwithstanding any other provision 

23 of law, a subsequent suspension or deferment of 

24 Federal student loan payments on covered loans for 


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1 the COVID–19 national emergency shall be prohib2 ited. 

3 (2) REGARDING CANCELLATION OF STUDENT

4 LOANS PRIOR TO EFFECTIVE DATE.—Any cancella5 tion of the outstanding balance, or portion of a bal6 ance, on a covered loan made by the President or 

7 Secretary of Education through any type of execu8 tive or regulatory action in the 30 days before the 

9 effective date of this Act shall be— 

10 (A) deemed to be a major rule for purposes 

11 of chapter 8 of title 5, United States Code 

12 (commonly known as the ‘‘Congressional Review 

13 Act’’); and 

14 (B) subject to congressional disapproval in 

15 accordance with such chapter. 

16 (f) DEFINITION OF COVERED LOAN.—In this sub17 section, the term ‘‘covered loan’’ means a loan made, in18 sured, or guaranteed under part B, D, or E of title IV 

19 of the Higher Education Act of 1965 (20 U.S.C. 1071 

20 et seq.; 1087a et seq.; 1087aa et seq.) or a loan under 

21 the Health Education Assistance Loan Program. 


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1 SEC. 5. EFFECTIVE DATE. 

2 This Act, and the amendments made by this Act, 

3 shall take effect on the date that is 30 days after the date 

4 of enactment of this Act. 

Æ 


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