I
119THCONGRESS
1
STSESSION H. R. 937
To limit the authority of the Secretary of Education to propose or issue
regulations and executive actions.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY4, 2025
Mr. G
ROTHMAN(for himself and Mr. JOHNSONof South Dakota) introduced
the following bill; which was referred to the Committee on Education and
Workforce
A BILL
To limit the authority of the Secretary of Education to
propose or issue regulations and executive actions.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Protecting Taxpayers 4
from Student Loan Bailouts Act’’. 5
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SEC. 2. LIMITATION ON AUTHORITY OF SECRETARY OF 1
EDUCATION TO PROPOSE OR ISSUE REGULA-2
TIONS AND EXECUTIVE ACTIONS. 3
Part G of title IV of the Higher Education Act of 4
1965 (20 U.S.C. 1088 et seq.) is amended by inserting 5
after section 492 (20 U.S.C. 1098a) the following: 6
‘‘SEC. 492A. LIMITATION ON AUTHORITY OF THE SEC-7
RETARY TO PROPOSE OR ISSUE REGULA-8
TIONS AND EXECUTIVE ACTIONS. 9
‘‘(a) D
RAFTREGULATIONS.—Beginning after the 10
date of enactment of this section, a draft regulation imple-11
menting this title (as described in section 492(b)(1)) that 12
is determined by the Secretary to be economically signifi-13
cant shall be subject to the following requirements (re-14
gardless of whether negotiated rulemaking occurs): 15
‘‘(1) The Secretary shall determine whether the 16
draft regulation, if implemented, would result in an 17
increase in a subsidy cost. 18
‘‘(2) If the Secretary determines under para-19
graph (1) that the draft regulation would result in 20
an increase in a subsidy cost, then the Secretary 21
may take no further action with respect to such reg-22
ulation. 23
‘‘(b) P
ROPOSED ORFINALREGULATIONS ANDEXEC-24
UTIVEACTIONS.—Beginning after the date of enactment 25
of this section, the Secretary may not issue a proposed 26
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rule, final regulation, or executive action implementing 1
this title if the Secretary determines that the rule, regula-2
tion, or executive action— 3
‘‘(1) is economically significant; and 4
‘‘(2) would result in an increase in a subsidy 5
cost. 6
‘‘(c) R
ELATIONSHIP TO OTHERREQUIREMENTS.— 7
The analyses required under subsections (a) and (b) shall 8
be in addition to any other cost analysis required under 9
law for a regulation implementing this title, including any 10
cost analysis that may be required pursuant to Executive 11
Order 12866 (58 Fed. Reg. 51735; relating to regulatory 12
planning and review), Executive Order 13563 (76 Fed. 13
Reg. 3821; relating to improving regulation and regu-14
latory review), or any related or successor orders. 15
‘‘(d) D
EFINITION.—In this section, the term ‘eco-16
nomically significant’, when used with respect to a draft, 17
proposed, or final regulation or executive action, means 18
that the regulation or executive action is likely, as deter-19
mined by the Secretary— 20
‘‘(1) to have an annual effect on the economy 21
of $100,000,000 or more; or 22
‘‘(2) adversely to affect in a material way the 23
economy, a sector of the economy, productivity, com-24
petition, jobs, the environment, public health or safe-25
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ty, or State, local, or tribal governments or commu-1
nities.’’. 2
Æ
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