II 

113TH CONGRESS 

1ST SESSION S. 634 

To allow members of the Armed Forces and National Guard to defer principal 

on Federal student loans for a certain period in connection with receipt 

of orders for mobilization for war or national emergency, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 21, 2013 

Mr. TESTER (for himself, Mr. BLUMENTHAL, and Mr. BAUCUS) introduced 

the following bill; which was read twice and referred to the Committee 

on Health, Education, Labor, and Pensions 

A BILL 

To allow members of the Armed Forces and National Guard 

to defer principal on Federal student loans for a certain 

period in connection with receipt of orders for mobilization for war or 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 ‘‘Service Members Stu5 dent Loan Relief Act’’. 


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•S 634 IS

1 SEC. 2. DEFERRAL FOR CERTAIN PERIOD IN CONNECTION 

2 WITH RECEIPT OF ORDERS FOR MOBILIZA3 TION FOR WAR OR NATIONAL EMERGENCY. 

4 (a) FEDERAL FAMILY EDUCATION LOANS.—Section 

5 428(b)(1)(M) of the Higher Education Act of 1965 (20 

6 U.S.C. 1078(b)(1)(M)) is amended— 

7 (1) in the matter preceding clause (i), by strik8 ing ‘‘, during any period’’; 

9 (2) in clause (i), by striking ‘‘during which’’ 

10 and inserting ‘‘during any period during which’’; 

11 (3) in clause (ii), by striking ‘‘during which’’ 

12 and inserting ‘‘during any period during which’’; 

13 (4) in clause (iii)— 

14 (A) by striking ‘‘during which’’ and insert15 ing ‘‘during any period during which’’; and 

16 (B) in the matter following subclause (II), 

17 by striking ‘‘ or’’ after the semicolon; 

18 (5) by redesignating clause (iv) as clause (vi); 

19 (6) by inserting after clause (iii) the following: 

20 ‘‘(iv) in the case of any borrower who 

21 has received a call or order to duty de22 scribed in subclause (I) or (II) of clause 

23 (iii), during the shorter of— 

24 ‘‘(I) the period beginning on the 

25 date such call or order to duty is re26 ceived by the borrower and ending on 


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•S 634 IS

1 the first day of the service described 

2 in subclause (I) or (II) of clause (iii); 

3 and 

4 ‘‘(II) the 180-day period pre5 ceding the first day of such service; 

6 ‘‘(v) notwithstanding clause (iv)— 

7 ‘‘(I) in the case of any borrower 

8 described in such clause whose call or 

9 order to duty is cancelled before the 

10 first day of the service described in 

11 subclause (I) or (II) of clause (iii) be12 cause of a personal injury in connec13 tion with training to prepare for such 

14 service, during the period described in 

15 clause (iv) and during an additional 

16 period equal to the duration of such 

17 service, as specified by or otherwise 

18 determined in the original call or 

19 order to duty; and 

20 ‘‘(II) in the case of any borrower 

21 whose call or order to duty is can22 celled before the first day of such 

23 service for a reason other than an in24 jury described in subclause (I), during 

25 the period beginning on the date the 


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•S 634 IS

1 call or order to duty is received by the 

2 borrower and ending on the date that 

3 is 14 days after such call or order to 

4 duty is cancelled; and’’; and 

5 (7) in clause (vi) (as redesignated by paragraph 

6 (5)), by striking ‘‘not in excess’’ and inserting ‘‘dur7 ing any period not in excess’’. 

8 (b) DIRECT LOANS.—Section 455(f)(2) of the Higher 

9 Education Act of 1965 (20 U.S.C. 1087e(f)(2)) is amend10 ed— 

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

12 by striking ‘‘during any period’’; 

13 (2) in subparagraph (A), by striking ‘‘during 

14 which’’ and inserting ‘‘during any period during 

15 which’’; 

16 (3) in subparagraph (B), by striking ‘‘not in ex17 cess’’ and inserting ‘‘during any period not in ex18 cess’’; 

19 (4) in subparagraph (C)— 

20 (A) by striking ‘‘during which’’ and insert21 ing ‘‘during any period during which’’; and 

22 (B) in the matter following clause (ii), by 

23 striking ‘‘ or’’ after the semicolon; 

24 (5) by redesignating subparagraph (D) as sub25 paragraph (F); 


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•S 634 IS

1 (6) by inserting after subparagraph (C) the fol2 lowing: 

3 ‘‘(D) in the case of any borrower who has 

4 received a call or order to duty described in 

5 clause (i) or (ii) of subparagraph (C), during 

6 the shorter of— 

7 ‘‘(i) the period beginning on the date 

8 such call or order to duty is received by 

9 the borrower and ending on the first day 

10 of the service described in clause (i) or (ii) 

11 of subparagraph (C); and 

12 ‘‘(ii) the 180-day period preceding the 

13 first day of such service; 

14 ‘‘(E) notwithstanding subparagraph (D)— 

15 ‘‘(i) in the case of any borrower de16 scribed in such subparagraph whose call or 

17 order to duty is cancelled before the first 

18 day of the service described in clause (i) or 

19 (ii) of subparagraph (C) because of a per20 sonal injury in connection with training to 

21 prepare for such service, during the period 

22 described in subparagraph (D) and during 

23 an additional period equal to the duration 

24 of such service, as specified by or otherwise 


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•S 634 IS

1 determined in the original call or order to 

2 duty; and 

3 ‘‘(ii) in the case of any borrower 

4 whose call or order to duty is cancelled be5 fore the first day of such service for a rea6 son other than an injury described in 

7 clause (i), during the period beginning on 

8 the date the call or order to duty is re9 ceived by the borrower and ending on the 

10 date that is 14 days after such call or 

11 order to duty is cancelled; and’’; and 

12 (7) in subparagraph (F) (as redesignated by 

13 paragraph (5)), by striking ‘‘not in excess’’ and in14 serting ‘‘during any period not in excess’’. 

15 (c) PERKINS LOANS.—Section 464(c)(2)(A) of the 

16 Higher Education Act of 1965 (20 U.S.C. 

17 1087dd(c)(2)(A)) is amended— 

18 (1) in the matter preceding clause (i), by strik19 ing ‘‘during any period’’; 

20 (2) in clause (i), by striking ‘‘during which’’ 

21 and inserting ‘‘during any period during which’’; 

22 (3) in clause (ii), by striking ‘‘not in excess’’ 

23 and inserting ‘‘during any period not in excess’’; 

24 (4) in clause (iii), by striking ‘‘during which’’ 

25 and inserting ‘‘during any period during which’’; 


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•S 634 IS

1 (5) by redesignating clauses (iv) and (v) as 

2 clauses (vi) and (vii), respectively; 

3 (6) by inserting after clause (iii) the following: 

4 ‘‘(iv) in the case of any borrower who has 

5 received a call or order to duty described in 

6 subclause (I) or (II) of clause (iii), during the 

7 shorter of— 

8 ‘‘(I) the period beginning on the date 

9 such call or order to duty is received by 

10 the borrower and ending on the first day 

11 of the service described in subclause (I) or 

12 (II) of clause (iii); and 

13 ‘‘(II) the 180-day period preceding 

14 the first day of such service; 

15 ‘‘(v) notwithstanding clause (iv)— 

16 ‘‘(I) in the case of any borrower de17 scribed in such clause whose call or order 

18 to duty is cancelled before the first day of 

19 the service described in subclause (I) or 

20 (II) of clause (iii) because of a personal in21 jury in connection with training to prepare 

22 for such service, during the period de23 scribed in clause (iv) and during an addi24 tional period equal to the duration of such 

25 service, as specified by or otherwise deterVerDate Mar 15 2010 07:27 Mar 23, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S634.IS S634

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•S 634 IS

1 mined in the original call or order to duty; 

2 and 

3 ‘‘(II) in the case of any borrower 

4 whose call or order to duty is cancelled be5 fore the first day of such service for a rea6 son other than an injury described in sub7 clause (I), during the period beginning on 

8 the date the call or order to duty is re9 ceived by the borrower and ending on the 

10 date that is 14 days after such call or 

11 order to duty is cancelled;’’; 

12 (7) in clause (vi) (as redesignated by paragraph 

13 (5)), by striking ‘‘not in excess’’ and inserting ‘‘dur14 ing any period not in excess’’; and 

15 (8) in clause (vii) (as redesignated by para16 graph (5)), by striking ‘‘during which’’ and inserting 

17 ‘‘during any period during which’’. 

18 (d) RULE OF CONSTRUCTION.—Nothing in the 

19 amendments made by this section shall be construed to 

20 authorize any refunding of any repayment of a loan. 

21 (e) APPLICABILITY.—The amendments made by this 

22 section shall apply with respect to all loans made, insured, 

23 or guaranteed under title IV of the Higher Education Act 

24 of 1965 (20 U.S.C. 1070 et seq.). 


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•S 634 IS

1 SEC. 3. CONFORMING AMENDMENTS. 

2 Title IV of the Higher Education Act of 1965 (20 

3 U.S.C. 1070 et seq.) is further amended— 

4 (1) in section 428B(d)(1)(A)(ii) (20 U.S.C. 

5 1078–2(d)(1)(A)(ii)), by striking 

6 ‘‘428(b)(1)(M)(i)(I)’’ and inserting ‘‘or clause (i)(I), 

7 (iv), or (v) of section 428(b)(1)(M)’’; and 

8 (2) in section 493D(a) (20 U.S.C. 1098f(a)), by 

9 striking ‘‘section 428(b)(1)(M)(iii), 455(f)(2)(C), or 

10 464(c)(2)(A)(iii)’’ and inserting ‘‘clause (iii) or (iv) 

11 of section 428(b)(1)(M), subparagraph (C) or (D) of 

12 section 455(f)(2), or clause (iii) or (iv) of section 

13 464(c)(2)(A)’’. 

Æ 


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