II 

117TH CONGRESS 

2D SESSION S. 4094 

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 

APRIL 27, 2022 

Mr. THUNE (for himself, Mr. BURR, Mr. BRAUN, Mr. CASSIDY, and Mr. MARSHALL) 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 2022’’. 

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 $100,000,000,000. 

12 (4) The individuals benefitting the most from 

13 the payment pause continued by the Executive 

14 Branch are doctors, who receive 11 times the benefit 

15 of bachelor’s degree recipients and 14 times the ben16 efit of associate’s degree recipients. 

17 SEC. 3. AMENDMENTS TO THE HIGHER EDUCATION RELIEF 

18 OPPORTUNITIES FOR STUDENTS ACT OF 2003. 

19 Section 5(2) of the Higher Education Relief Opportu20 nities for Students Act of 2003 (20 U.S.C. 1098ee) is 

21 amended— 

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

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

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


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•S 4094 IS

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

2 after ‘‘an individual’’; 

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

4 after the semicolon; 

5 (3) in subparagraph (B), by striking the semi6 colon and inserting a period; and 

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

8 SEC. 4. HIGHER EDUCATION RELIEF OPPORTUNITIES FOR 

9 CIVILIANS IN THE CASE OF A NATIONAL 

10 EMERGENCY AND LIMITATIONS ON COVERED 

11 LOANS. 

12 (a) TEMPORARY AUTHORITY FOR HIGHER EDU13 CATION RELIEF.— 

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

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

16 after a declaration of a national emergency under 

17 section 201 of the National Emergencies Act (50 

18 U.S.C. 1621), the Secretary of Education may sus19 pend or defer Federal student loan payments or the 

20 accrual of interest for loans made, insured or guar21 anteed under part B, D, or E of title IV of the 

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

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

24 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 Labor of the House of Representatives, not later than 60 

12 days after the date of such declaration, a report that in13 cludes any recommendations on relief necessary for recipi14 ents of student financial assistance under title IV of the 

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

16 (c) LIMITS ON EXECUTIVE AUTHORITY TO SUSPEND

17 OR DEFER FEDERAL STUDENT LOAN PAYMENTS OR IN18 TEREST.— 

19 (1) IN GENERAL.—Notwithstanding any other 

20 provision of law, the President or the Secretary of 

21 Education may not suspend or defer Federal student 

22 loan payments on covered loans or the accrual of in23 terest on covered loans of borrowers with annual 

24 household incomes over 400 percent of the poverty 

25 line (as determined under the poverty guidelines upVerDate Sep 11 2014 05:18 Apr 28, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4094.IS S4094

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1 dated periodically in the Federal Register by the De2 partment of Health and Human Services under the 

3 authority of section 673(2) of the Community Serv4 ices Block Grant Act (42 U.S.C. 9902(2))). 

5 (2) APPLICATION OF CONGRESSIONAL REVIEW

6 ACT.—In any case where the President or the Sec7 retary of Education suspends or defers Federal stu8 dent loan payments on covered loans or the accrual 

9 of interest on covered loans through any type of ex10 ecutive or regulatory action, the suspension or defer11 ral shall be— 

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

13 of chapter 8 of title 5, United States Code 

14 (commonly known as the ‘‘Congressional Review 

15 Act’’); and 

16 (B) subject to congressional disapproval in 

17 accordance with such chapter. 

18 (d) LIMITS ON EXECUTIVE AUTHORITY TO CANCEL

19 STUDENT LOANS.— 

20 (1) IN GENERAL.—Notwithstanding any other 

21 provisions of law, the President or the Secretary of 

22 Education may not cancel the outstanding balances, 

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

24 to the COVID–19 national emergency or any other 

25 national emergency. 


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1 (2) APPLICATION OF CONGRESSIONAL REVIEW

2 ACT.—In any case where the President or the Sec3 retary of Education cancels the outstanding bal4 ances, or portion of the balances, on covered loans 

5 through any type of executive or regulatory action, 

6 the cancellation shall be— 

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

8 of chapter 8 of title 5, United States Code 

9 (commonly known as the ‘‘Congressional Review 

10 Act’’); and 

11 (B) subject to congressional disapproval in 

12 accordance with such chapter. 

13 (e) IMPLEMENTATION.— 

14 (1) REGARDING SUSPENSIONS OR DEFERMENTS

15 OF FEDERAL STUDENT LOAN PAYMENTS ONGOING

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

17 effective date of this Act, any suspension or 

18 deferment of Federal student loan payments on cov19 ered loans due to the COVID–19 national emergency 

20 shall terminate. Notwithstanding any other provision 

21 of law, a subsequent suspension or deferment of 

22 Federal student loan payments on covered loans for 

23 the COVID–19 national emergency shall be prohib24 ited. 


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1 (2) REGARDING CANCELLATION OF STUDENT

2 LOANS PRIOR TO EFFECTIVE DATE.—Any cancella3 tion of the outstanding balance, or portion of a bal4 ance, on a covered loan made by the President or 

5 Secretary of Education through any type of execu6 tive or regulatory action in the 30 days before the 

7 effective date of this Act shall be— 

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

9 of chapter 8 of title 5, United States Code 

10 (commonly known as the ‘‘Congressional Review 

11 Act’’); and 

12 (B) subject to congressional disapproval in 

13 accordance with such chapter. 

14 (f) DEFINITION OF COVERED LOAN.—In this sub15 section, the term ‘‘covered loan’’ means a loan made, in16 sured, or guaranteed under part B, D, or E of title IV 

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

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

19 the Health Education Assistance Loan Program. 

20 SEC. 5. EFFECTIVE DATE. 

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

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

23 of enactment of this Act. 

Æ 


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